Bill
Bill > SB491
VA SB491
VA SB491Public schools; right to free public elementary and secondary education, discrimination, etc.
summary
Introduced
01/13/2026
01/13/2026
In Committee
02/18/2026
02/18/2026
Crossed Over
02/12/2026
02/12/2026
Passed
Dead
Introduced Session
2026 Regular Regular Session
Bill Summary
Public schools; right to free public elementary and secondary education; discrimination based on immigration status prohibited; requirements; 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 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 also requires each school board to develop and implement procedures for (i) reviewing and authorizing requests from law-enforcement agents, as that term is defined in the bill, to enter a public school or public school facility and (ii) prohibiting any school board employee, contractor, or agent, or any school resource officer from permitting, assisting with, or participating in the execution of any nonjudicial warrant, as defined by the bill, by a law-enforcement agent present on school property for purposes relating to immigration enforcement and investigation. The bill establishes a civil cause of action for any aggrieved party, as defined by the bill.The bill directs the Department of Education to develop and make available to each school board by August 1, 2027, guidance for school personnel on the requirements of the bill and training guidelines and materials for the training of all public school principals and administrators on compliance with the provisions of the bill. Finally, the bill directs each school board to (a) develop and implement policies and procedures in accordance with the provisions of the bill and (b) require each public school principal and administrator to complete training on compliance with the provisions of the bill by the beginning of the 2027-2028 school year.
AI Summary
This bill ensures that no child in the Commonwealth can be denied a free public education through secondary school because of their or their parents' actual or perceived immigration or citizenship status, aligning with constitutional rights. It prohibits school boards, schools, and their employees or agents from denying enrollment, participation in programs, or benefits based on this status, and prevents them from collecting immigration status information unless legally required or designating it as "directory information" (publicly available student data). The bill also restricts school personnel and school resource officers (law enforcement officers assigned to schools) from disclosing a child's or their parents' immigration status to law enforcement, except in specific circumstances like exigent health or safety situations not related to immigration enforcement, or when legally mandated. Furthermore, it requires schools to establish procedures for reviewing and authorizing law enforcement entry, particularly prohibiting assistance with non-judicial warrants (warrants not issued by a judge or magistrate) for immigration enforcement on school property, and mandates that law enforcement agents need a judicial warrant to access non-public areas of school property. The bill creates a legal pathway for individuals harmed by violations to sue for damages and other relief, requiring a notice period for schools to address issues before a lawsuit can be filed, with provisions for immediate relief in urgent cases and the awarding of attorney fees to prevailing plaintiffs. Finally, it directs the Department of Education to provide guidance and training materials to school boards by August 1, 2027, and requires school boards to implement compliant policies and ensure their principals and administrators complete training by the start of the 2027-2028 school year.
Committee Categories
Budget and Finance, Education, Health and Social Services
Sponsors (5)
Stella Pekarsky (D)*,
Lashrecse Aird (D),
Jennifer Boysko (D),
Jennifer Carroll Foy (D),
Angelia Williams Graves (D),
Last Action
Referred to Committee on Education (on 02/18/2026)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/bill-details/20261/SB491 |
| BillText | https://lis.virginia.gov/bill-details/20261/SB491/text/SB491S2 |
| Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB491) | https://lis.blob.core.windows.net/files/1141108.PDF |
| BillText | https://lis.virginia.gov/bill-details/20261/SB491/text/SB491S1 |
| Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB491) | https://lis.blob.core.windows.net/files/1133145.PDF |
| BillText | https://lis.virginia.gov/bill-details/20261/SB491/text/SB491SC2 |
| Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB491) | https://lis.blob.core.windows.net/files/1100991.PDF |
| BillText | https://lis.virginia.gov/bill-details/20261/SB491/text/SB491SC1 |
| BillText | https://lis.virginia.gov/bill-details/20261/SB491/text/SB491 |
Loading...