# Virginia SB491: Public schools; right to free public elementary and secondary education, discrimination, etc. Virginia SB491, Public schools; right to free public elementary and secondary education, discrimination, etc., is a 2026 Regular Session Senate bill sponsored by Stella G. Pekarsky (Democratic); status signed, last action 2026-04-13 (Acts of Assembly Chapter text (CHAP0681)); PRIA reads it as touching household money (as of 2026-10-12). - Canonical: https://policyrisk.com/state-bill/VA-SB491-2026 - As of: 2026-10-12 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Virginia SB491 - State: Virginia - Session: 2026 Regular Session - Title: Public schools; right to free public elementary and secondary education, discrimination, etc. - Status: signed - Chamber: Senate - Introduced: 2026-01-13 - Last action: 2026-04-13, Acts of Assembly Chapter text (CHAP0681) - Sponsor: Stella G. Pekarsky (Democratic) - Cosponsors: 0 - Touches household money: yes - Roll calls: 14 (289 yes, 162 no in all) - Economic provisions PRIA read: 4 ## 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. ## Bill overview: provisions PRIA read - Free public school for all kids: benefit, high. 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 t… - You can sue if schools discriminate: benefit, medium. 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 f… - State guidance and school training deadlines: benefit, medium. 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… - Stronger privacy on immigration status at school: mixed, medium. 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, unles… ## Sponsors and cosponsors - Sponsor: Stella G. Pekarsky (Democratic), Senate ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2026-03-13 | Senate | Conference report agreed to by Senate | pass | 21 | 18 | | | 2026-03-13 | House | Conference report agreed to by House | pass | 64 | 31 | | | 2026-03-12 | Senate | Senate acceded to request Block Vote | pass | 40 | 0 | | | 2026-03-10 | Senate | House substitute rejected by Senate | fail | 0 | 40 | | | 2026-03-09 | House | Passed House with substitute | pass | 63 | 34 | | | 2026-03-04 | House | Reported from Education with substitute | pass | 14 | 7 | | | 2026-03-03 | House | Subcommittee recommends reporting with substitute | pass | 7 | 3 | | | 2026-02-13 | Senate | Read third time and passed Senate | pass | 21 | 18 | | | 2026-02-12 | Senate | Committee substitute agreed to (Voice Vote) | pass | 0 | 0 | | | 2026-02-12 | Senate | Committee substitute rejected (Voice Vote) | pass | 0 | 0 | | | 2026-02-11 | Senate | Passed by for the day Block Vote (Voice Vote) | pass | 0 | 0 | | | 2026-02-11 | Senate | Constitutional reading dispensed Block Vote (on 1st reading) | pass | 40 | 0 | | | 2026-02-10 | Senate | Reported from Finance and Appropriations with substitute | pass | 10 | 5 | | | 2026-02-05 | Senate | Reported from Education and Health with substitute and rereferred to Finance and Appropriations | pass | 9 | 6 | | ## Actions (54) - 2026-04-13: Acts of Assembly Chapter text (CHAP0681) (Governor) - 2026-04-13: Approved by Governor-Chapter 681 (effective 7/1/2026) (Governor) - 2026-03-31: Fiscal Impact Statement from Department of Planning and Budget (SB491) (Senate) - 2026-03-31: Governor's Action Deadline 11:59 p.m., April 13, 2026 (Governor) - 2026-03-31: Enrolled Bill communicated to Governor on March 31, 2026 (Senate) - 2026-03-31: Signed by Speaker (House) - 2026-03-30: Bill text as passed Senate and House (SB491ER) (Senate) - 2026-03-30: Enrolled (Senate) - 2026-03-30: Signed by President (Senate) - 2026-03-13: Conference report agreed to by House (64-Y 31-N 0-A) (House) - 2026-03-13: Conference report agreed to by Senate (21-Y 18-N 0-A) (Senate) - 2026-03-12: Conference Report released - 2026-03-12: House Conferees: Rasoul, Cousins, Runion (House) - 2026-03-12: Conferees appointed by House (House) - 2026-03-12: Senate acceded to request Block Vote (40-Y 0-N 0-A) (Senate) - 2026-03-12: Conferees appointed by Senate (Senate) - 2026-03-12: Senate Conferees: Pekarsky, Favola, Craig (Senate) - 2026-03-11: House requested conference committee (House) - 2026-03-11: House insisted on substitute (House) - 2026-03-10: House substitute rejected by Senate (0-Y 40-N 0-A) (Senate) - 2026-03-09: Passed House with substitute (63-Y 34-N 0-A) (House) - 2026-03-09: Engrossed by House - committee substitute (House) - 2026-03-09: committee substitute agreed to (House) - 2026-03-09: Read third time (House) - 2026-03-06: Read second time (House) - 2026-03-04: Fiscal Impact Statement from Department of Planning and Budget (SB491) (Senate) - 2026-03-04: Committee substitute printed 26108808D-H1 (House) - 2026-03-04: Reported from Education with substitute (14-Y 7-N) (House) - 2026-03-03: House subcommittee offered (House) - 2026-03-03: Subcommittee recommends reporting with substitute (7-Y 3-N) (House) - 2026-02-26: Assigned HED sub: K-12 Subcommittee (House) - 2026-02-18: Referred to Committee on Education (House) - 2026-02-18: Read first time (House) - 2026-02-18: Placed on Calendar (House) - 2026-02-13: Read third time and passed Senate (21-Y 18-N 0-A) (Senate) - 2026-02-12: Committee substitute agreed to (Voice Vote) (Senate) - 2026-02-12: Committee substitute rejected (Voice Vote) (Senate) - 2026-02-12: Engrossed by Senate - committee substitute (Voice Vote) (Senate) - 2026-02-12: Read second time (Senate) - 2026-02-11: Passed by for the day Block Vote (Voice Vote) (Senate) - 2026-02-11: Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A) (Senate) - 2026-02-11: Fiscal Impact Statement from Department of Planning and Budget (SB491) (Senate) - 2026-02-11: Committee substitute printed 26107531D-S2 (Senate) - 2026-02-11: Rules suspended (Senate) - 2026-02-10: Reported from Finance and Appropriations with substitute (10-Y 5-N) (Senate) - 2026-02-06: Fiscal Impact Statement from Department of Planning and Budget (SB491) (Senate) - 2026-02-06: Committee substitute printed 26106599D-S1 (Senate) - 2026-02-05: Senate committee offered (Senate) - 2026-02-05: Reported from Education and Health with substitute and rereferred to Finance and Appropriations (9-Y 6-N) (Senate) - 2026-01-29: Fiscal Impact Statement from Department of Planning and Budget (SB491) (Senate) - 2026-01-22: Assigned Education sub: Public Education (Senate) - 2026-01-22: Senate subcommittee offered (Senate) - 2026-01-13: Referred to Committee on Education and Health (Senate) - 2026-01-13: Prefiled and ordered printed; Offered 01-14-2026 26104918D (Senate) ## Bill text - Chaptered, 2026-04-13: [HTML](https://lis.blob.core.windows.net/files/1221720.HTML), [PDF](https://lis.blob.core.windows.net/files/1221719.PDF) - Enrolled, 2026-03-30: [HTML](https://lis.blob.core.windows.net/files/1213775.HTML), [PDF](https://lis.blob.core.windows.net/files/1213774.PDF) - Conference Report, 2026-03-12: [HTML](https://lis.blob.core.windows.net/files/1209248.HTML) - Substitute, 2026-03-12: [HTML](https://lis.blob.core.windows.net/files/1209245.HTML), [PDF](https://lis.blob.core.windows.net/files/1209244.PDF) - Substitute, 2026-03-04: [HTML](https://lis.blob.core.windows.net/files/1192125.HTML), [PDF](https://lis.blob.core.windows.net/files/1192124.PDF) - Substitute, 2026-03-03: [HTML](https://lis.blob.core.windows.net/files/1190149.HTML), [HTML](https://lis.blob.core.windows.net/files/1189930.HTML), [PDF](https://lis.blob.core.windows.net/files/1189929.PDF), [PDF](https://lis.blob.core.windows.net/files/1190148.PDF) - Substitute, 2026-02-11: [HTML](https://lis.blob.core.windows.net/files/1139524.HTML), [PDF](https://lis.blob.core.windows.net/files/1139523.PDF) - Substitute, 2026-02-06: [HTML](https://lis.blob.core.windows.net/files/1132390.HTML), [PDF](https://lis.blob.core.windows.net/files/1132389.PDF) - Substitute, 2026-02-05: [HTML](https://lis.blob.core.windows.net/files/1128061.HTML), [PDF](https://lis.blob.core.windows.net/files/1128060.PDF) - Substitute, 2026-01-22: [HTML](https://lis.blob.core.windows.net/files/1094503.HTML), [PDF](https://lis.blob.core.windows.net/files/1094502.PDF) - Introduced, 2026-01-13: [HTML](https://lis.blob.core.windows.net/files/1090483.HTML), [PDF](https://lis.blob.core.windows.net/files/1090482.PDF) ## Related bills - HB5: Employment; paid sick leave, civil penalties. (signed) - SB199: Employment; paid sick leave, civil penalties. (signed) - HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with rental agreement. (signed) - HB1393: Electric utilities; pilot program for energy assistance and weatherization for certain individuals. (signed) - HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, termination by landlord. (signed) - HB675: Protection of employees; coercion or threat based on immigration status, civil penalty. (signed) ## Sources - [Chaptered (HTML)](https://lis.blob.core.windows.net/files/1221720.HTML) - [Chaptered (PDF)](https://lis.blob.core.windows.net/files/1221719.PDF) - [Enrolled (HTML)](https://lis.blob.core.windows.net/files/1213775.HTML) - [Enrolled (PDF)](https://lis.blob.core.windows.net/files/1213774.PDF) - [Conference Report (HTML)](https://lis.blob.core.windows.net/files/1209248.HTML) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1209245.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1209244.PDF) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1192125.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1192124.PDF) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1190149.HTML) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1189930.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1189929.PDF) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1190148.PDF) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1139524.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1139523.PDF) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1132390.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1132389.PDF) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1128061.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1128060.PDF) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1094503.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1094502.PDF) - [Introduced (HTML)](https://lis.blob.core.windows.net/files/1090483.HTML) - [Introduced (PDF)](https://lis.blob.core.windows.net/files/1090482.PDF) ## Related - [HB5: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-HB5-2026) - [SB199: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-SB199-2026) - [HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with…](https://policyrisk.com/state-bill/VA-HB95-2026) - [HB1393: Electric utilities; pilot program for energy assistance and weatherization for…](https://policyrisk.com/state-bill/VA-HB1393-2026) - [HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, terminat…](https://policyrisk.com/state-bill/VA-HB834-2026) - [HB675: Protection of employees; coercion or threat based on immigration status, civil…](https://policyrisk.com/state-bill/VA-HB675-2026) - [Virginia bills](https://policyrisk.com/states/virginia/bills) - [Virginia state hub](https://policyrisk.com/states/virginia) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/VA-SB491-2026 (as of 2026-10-12).