VirginiaSB4912026 Regular SessionSenateWALLET

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

Sponsored By: Stella G. Pekarsky (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 is identical to HB 836.

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Bill Overview

Analyzed Economic Effects

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

Free public school for all kids

Virginia guarantees a free public K–12 education for every child, no matter immigration or citizenship status. A school must enroll a school-age child who lives in the division and cannot turn them away because of status. Schools also cannot block a student from any program or activity because of the child’s or parents’ status.

You can sue if schools discriminate

If a school breaks these protections, you can sue. You usually must send written notice to the superintendent and the clerk and give 15 days to fix the problem. You can ask the court for fast help if your child is being kept out now or would face immediate, irreparable harm. You have two years to file. Courts can order fixes, award damages for willful violations, and must award reasonable attorney fees to a winning plaintiff.

State guidance and school training deadlines

By August 1, 2026, the state education department and the Attorney General must provide guidance on how schools follow this law. It covers how to handle judicial and nonjudicial warrants on school grounds, who staff should call, and de‑escalation to keep students safe. Each school board must adopt local policies by December 31, 2026. Principals and administrators must finish required training before the 2027–2028 school year begins.

Stronger privacy on immigration status at school

Schools and staff cannot use rules or practices that keep a child or parent out of school programs or parent activities because of immigration or citizenship status. They may not ask for or collect a student’s or parent’s immigration or citizenship status, or list it as directory information, unless a law requires it. They cannot threaten to share or share that information with others, including police or immigration agents, except where this law allows. Schools must still follow state and federal student‑records laws, and may share immigration information only when federal law permits.

Sponsors & Cosponsors

Sponsor

  • Stella G. Pekarsky

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 289 • No: 162

House vote 3/13/2026

Conference report agreed to by House

Yes: 64 • No: 31

Senate vote 3/13/2026

Conference report agreed to by Senate

Yes: 21 • No: 18

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: 63 • No: 34

House vote 3/4/2026

Reported from Education with substitute

Yes: 14 • No: 7

House vote 3/3/2026

Subcommittee recommends reporting with substitute

Yes: 7 • No: 3

Senate vote 2/13/2026

Read third time and passed Senate

Yes: 21 • No: 18

Senate vote 2/12/2026

Committee substitute agreed to (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/12/2026

Committee substitute rejected (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/11/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote 2/11/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/10/2026

Reported from Finance and Appropriations with substitute

Yes: 10 • No: 5

Senate vote 2/5/2026

Reported from Education and Health with substitute and rereferred to Finance and Appropriations

Yes: 9 • No: 6

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0681)

    4/13/2026Governor
  2. Approved by Governor-Chapter 681 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (SB491)

    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 (SB491ER)

    3/30/2026Senate
  8. Enrolled

    3/30/2026Senate
  9. Signed by President

    3/30/2026Senate
  10. Conference report agreed to by House (64-Y 31-N 0-A)

    3/13/2026House
  11. Conference report agreed to by Senate (21-Y 18-N 0-A)

    3/13/2026Senate
  12. Conference Report released

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

    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, Craig

    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 (63-Y 34-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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