VirginiaSB3942026 Regular SessionSenateWALLET

Artificial intelligence; use of systems for student instruction.

Sponsored By: Stella G. Pekarsky (Democratic)

Became Law

Summary

Department of Education; artificial intelligence system use in instructional settings; development of AIS safety guidance required; AIS Innovation in Education Pilot Program established; report. Requires the Department of Education, in consultation with school divisions and other relevant stakeholders, to compile information on current uses of artificial intelligence systems (AIS) for student instruction in public schools in the Commonwealth and to establish and post in a publicly accessible location on its website guidance for the safe, ethical, and equitable use of AIS in instructional settings in public elementary and secondary schools. The bill requires each school board to establish, implement, and enforce policies consistent with the guidance developed by the Department in accordance with the provisions of the bill. The bill also directs the Department to establish and oversee the AIS Innovation in Education Pilot Program for the purpose of funding, evaluating, and scaling innovative uses of AIS in public elementary and secondary schools by providing support to school divisions in piloting AIS applications for instruction, tutoring, student engagement, operational efficiency, and teacher support and to submit an annual report to the Chairs of the House Committee on Education and the Senate Committee on Education and Health by December 1. The Pilot Program has an expiration date of July 1, 2030. This bill is identical to HB 1186.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

State rules for AI in classrooms

The Department of Education must publish statewide guidance for safe, fair AI use in K-12 classrooms. It addresses student data privacy and security under FERPA and COPPA and bans using division or student data to train external AI models. It calls for transparency, clear explanations of AI use, and guards against bias and discrimination. It sets protocols to avoid using AI alone for high-stakes decisions and to ensure access and SOL-aligned materials. It prioritizes division-managed AI on division-managed systems and gives teachers transcripts, dashboards, alerts, and audit logs to monitor student use. Each local school board must adopt and enforce policies that match this guidance.

AI pilot for K-12 schools

The Department runs an AI Innovation in Education Pilot Program, if funds are appropriated. It can fund projects for instruction, tutoring, student engagement, operations, and teacher support in public schools. The Department prioritizes divisions that serve high-poverty, rural, or under-resourced students. Selected divisions must provide educator training on AI literacy and responsible use and submit plans to measure effects on learning, teacher workload, and equity. By December 1 each year, the Department reports to state education committees on funded projects, safety, equity, risks, and recommendations. Pilot authority ends July 1, 2030, unless the legislature reenacts it.

Sponsors & Cosponsors

Sponsor

  • Stella G. Pekarsky

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 439 • No: 46

House vote 3/13/2026

Conference report agreed to by House

Yes: 95 • No: 0

Senate vote 3/13/2026

Conference report agreed to by Senate

Yes: 37 • No: 2

Senate vote 3/12/2026

Senate acceded to request Block Vote

Yes: 40 • No: 0

Senate vote 3/10/2026

House substitute rejected by Senate

Yes: 0 • No: 40

House vote 3/9/2026

Passed House with substitute

Yes: 96 • No: 1

House vote 3/4/2026

Reported from Education with substitute

Yes: 20 • No: 1

House vote 3/3/2026

Subcommittee recommends reporting with substitute

Yes: 9 • No: 1

House vote 2/23/2026

Referred from Communications, Technology and Innovation and referred to Education (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/16/2026

Engrossed by Senate Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/16/2026

Constitutional reading dispensed Block Vote (on 3rd reading)

Yes: 39 • No: 0

Senate vote 2/16/2026

Read third time and passed Senate

Yes: 38 • No: 1

Senate vote 2/13/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 35 • No: 0

Senate vote 2/12/2026

Reported from Finance and Appropriations

Yes: 15 • No: 0

Senate vote 2/12/2026

Reported from Education and Health and rereferred to Finance and Appropriations

Yes: 15 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0943)

    4/13/2026Governor
  2. Approved by Governor-Chapter 943 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (SB394)

    3/31/2026Senate
  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

    3/31/2026Senate
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed Senate and House (SB394ER)

    3/30/2026Senate
  8. Enrolled

    3/30/2026Senate
  9. Signed by President

    3/30/2026Senate
  10. Conference report agreed to by House (95-Y 0-N 0-A)

    3/13/2026House
  11. Conference report agreed to by Senate (37-Y 2-N 0-A)

    3/13/2026Senate
  12. Conference Report released

    3/12/2026
  13. House Conferees: Rasoul, Maldonado, Cherry

    3/12/2026House
  14. Conferees appointed by House

    3/12/2026House
  15. Senate acceded to request Block Vote (40-Y 0-N 0-A)

    3/12/2026Senate
  16. Conferees appointed by Senate

    3/12/2026Senate
  17. Senate Conferees: Pekarsky, Favola, Head

    3/12/2026Senate
  18. House requested conference committee

    3/11/2026House
  19. House insisted on substitute

    3/11/2026House
  20. House substitute rejected by Senate (0-Y 40-N 0-A)

    3/10/2026Senate
  21. Passed House with substitute (96-Y 1-N 0-A)

    3/9/2026House
  22. Engrossed by House - committee substitute

    3/9/2026House
  23. committee substitute agreed to

    3/9/2026House
  24. Read third time

    3/9/2026House
  25. Read second time

    3/6/2026House

Bill Text

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