VirginiaHB8362026 Regular SessionHouseWALLET

Public schools; right to free public elementary and secondary education, discrimination, etc.

Sponsored By: Sam Rasoul (Democratic)

Became Law

Summary

Public schools; right to free public elementary and secondary education; discrimination based on immigration status prohibited; civil cause of action. Prohibits any child in the Commonwealth from being denied a free public education through secondary school on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents, in accordance with the Constitution of Virginia and consistent with the requirements of the Fourteenth Amendment to the United States Constitution. The bill also, among other things, prohibits any school board, public elementary or secondary school, school resource officer employed by a local law-enforcement agency in any public elementary or secondary school, or any individual who is an employee, contractor, or agent of a school board from engaging in certain enumerated actions and practices that involve or result in the denial of a free public education, or denial of the benefits or exclusion from participation in any program or activity thereof, of a child on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents. The bill establishes a civil cause of action for violations of the foregoing prohibitions. The bill requires the Department of Education, in collaboration with the Office of the Attorney General, to develop and make available to each school board by August 1, 2026, guidance and resources on developing policies and procedures to implement the requirements set forth in the bill and requires each school board to develop and implement by December 31, 2026, such policies and procedures and to require each public elementary and secondary school principal and administrator in the school division to complete training on compliance with the provisions of the bill as soon as is practicable but not later than the beginning of the 2027–2028 school year, consistent with the guidance and resources developed and made available by the Department of Education. This bill incorporates HB 912 and is identical to SB 491.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Free K–12 school regardless of status

The law guarantees free public K–12 education for every child who lives in a Virginia school division. Schools and school boards cannot deny enrollment or block programs because of a child’s or parent’s actual or perceived immigration or citizenship status. Staff and contractors also cannot set policies that have that effect. Schools may only ask for immigration or citizenship information when state or federal law requires it.

You can sue for school exclusion

If your child’s rights under this law are violated, you can sue the school. You must send written notice to the division and allow 15 days to fix it, unless you need urgent relief. A court can issue immediate orders, stop unlawful actions, and award actual damages for willful violations. Courts must award reasonable attorney fees to a winning plaintiff. You must file within two years of the violation.

School privacy on immigration info

Schools and their staff cannot threaten to share or actually share a child’s or parent’s immigration or citizenship status. This applies to sharing with anyone, including law enforcement and immigration agencies, unless the law clearly allows it. The law keeps student-record rules in place and still allows information exchanges permitted under federal laws 8 U.S.C. 1373 and 1644. It also defines who counts as a law‑enforcement agent and excludes school resource officers employed by a school board.

School policies and training deadlines

The Department of Education and the Attorney General must provide guidance by August 1, 2026. Each school board must adopt compliant policies by December 31, 2026. Principals and administrators must finish training by the start of the 2027–2028 school year. Guidance covers how to handle judicial and nonjudicial warrants at school and the safety and legal steps to take.

Sponsors & Cosponsors

Sponsor

  • Sam Rasoul

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 272 • No: 216

Senate vote 3/13/2026

Conference report agreed to by Senate

Yes: 21 • No: 18

House vote 3/13/2026

Conference report agreed to by House

Yes: 62 • No: 34

Senate vote 3/6/2026

Senate insisted on amendments Block Vote

Yes: 40 • No: 0

House vote 3/4/2026

Senate substitute rejected by House

Yes: 0 • No: 95

Senate vote 3/2/2026

Education and Health Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/2/2026

Passed Senate with substitute

Yes: 21 • No: 19

Senate vote 2/27/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • No: 0

Senate vote 2/27/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/26/2026

Reported from Education and Health with substitute

Yes: 9 • No: 6

House vote 2/17/2026

Read third time and passed House

Yes: 61 • No: 34

House vote 2/11/2026

Reported from Education with substitute

Yes: 14 • No: 7

House vote 2/10/2026

Subcommittee recommends reporting with substitute and referring to Appropriations

Yes: 7 • No: 3

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0680)

    4/13/2026Governor
  2. Approved by Governor-Chapter 680 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB836)

    3/31/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed House and Senate (HB836ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Conference report agreed to by Senate (21-Y 18-N 0-A)

    3/13/2026Senate
  11. Conference report agreed to by House (62-Y 34-N 0-A)

    3/13/2026House
  12. Conference Report released

    3/12/2026
  13. House Conferees: Rasoul, Cousins, Runion

    3/10/2026House
  14. Conferees appointed by House

    3/10/2026House
  15. Conferees appointed by Senate

    3/10/2026Senate
  16. Senate Conferees: Pekarsky, Favola, Craig

    3/10/2026Senate
  17. House acceded to request

    3/9/2026House
  18. Senate insisted on amendments Block Vote (40-Y 0-N 0-A)

    3/6/2026Senate
  19. Senate requested conference committee

    3/6/2026Senate
  20. Senate substitute rejected by House (0-Y 95-N 0-A)

    3/4/2026House
  21. Fiscal Impact Statement from Department of Planning and Budget (HB836)

    3/4/2026House
  22. Passed Senate with substitute (21-Y 19-N 0-A)

    3/2/2026Senate
  23. Education and Health Substitute agreed to

    3/2/2026Senate
  24. Fiscal Impact Statement from Department of Planning and Budget (HB836)

    3/2/2026House
  25. Engrossed by Senate - committee substitute

    3/2/2026Senate

Bill Text

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