Virginia bills · 2026 Regular Session
Virginia SB 491
Public schools; right to free public elementary and secondary education, discrimination, etc.
- Introduced
- In committee
- Passed Senate
- Passed House
- To Governor
- Became law
Sponsors
- Stella G. Pekarsky (Democratic)
Cosponsors (4)
- Angelia Williams Graves (Democratic)
- Jennifer D. Carroll Foy (Democratic)
- Jennifer B. Boysko (Democratic)
- Lashrecse D. Aird (Democratic)
Summary
Official abstract published by the Virginia legislature· SUMMARY AS PASSED
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.
Text versions
- Introduced
- Education and Health Substitute
- Finance and Appropriations Substitute
- K-12 Subcommittee Subcommittee Substitute
- Education Substitute
- Conference Report Substitute
- Conference Report
- Enrolled
- Chaptered
Roll-call votes
State vote data last updated Oct 15, 2026, 8:04 PM.
| Date | Vote | Result | Your legislators |
|---|---|---|---|
| Mar 13, 2026 House | H VOTE: | pass | Set your home in Virginia to see |
| Mar 13, 2026 Senate | Adopt Conference Committee Report R | pass | Set your home in Virginia to see |
| Mar 12, 2026 Senate | Accede Conference Committee R | pass | Set your home in Virginia to see |
| Mar 10, 2026 Senate | Concur House Substitute R | fail | Set your home in Virginia to see |
| Mar 9, 2026 House | H VOTE: | pass | Set your home in Virginia to see |
| Mar 4, 2026 House | Reported from Education with substitute | pass | Set your home in Virginia to see |
| Mar 3, 2026 House | Subcommittee recommends reporting with substitute | pass | Set your home in Virginia to see |
| Feb 13, 2026 Senate | Passage R | pass | Set your home in Virginia to see |
| Feb 11, 2026 Senate | Constitutional reading dispensed R | pass | Set your home in Virginia to see |
| Feb 10, 2026 Senate | Reported from Finance and Appropriations with substitute | pass | Set your home in Virginia to see |
| Feb 5, 2026 Senate | Reported from Education and Health with substitute | pass | Set your home in Virginia to see |
Actions
- Apr 13, 2026
Acts of Assembly Chapter text (CHAP0681) - Apr 13, 2026
Approved by Governor-Chapter 681 (effective 7/1/2026) - Mar 31, 2026
Governor's Action Deadline 11:59 p.m., April 13, 2026 - Mar 31, 2026 · Senate
Enrolled Bill communicated to Governor on March 31, 2026 - Mar 31, 2026 · House
Signed by Speaker - Mar 31, 2026 · Senate
Fiscal Impact Statement from Department of Planning and Budget (SB491) - Mar 30, 2026 · Senate
Signed by President - Mar 30, 2026 · Senate
Bill text as passed Senate and House (SB491ER) - Mar 30, 2026 · Senate
Enrolled - Mar 13, 2026 · House
Conference report agreed to by House (64-Y 31-N 0-A) - Mar 13, 2026 · Senate
Conference report agreed to by Senate (21-Y 18-N 0-A) - Mar 12, 2026 · Legislature
Conference Report released - Mar 12, 2026 · House
House Conferees: Rasoul, Cousins, Runion - Mar 12, 2026 · House
Conferees appointed by House - Mar 12, 2026 · Senate
Senate Conferees: Pekarsky, Favola, Craig - Mar 12, 2026 · Senate
Conferees appointed by Senate - Mar 12, 2026 · Senate
Senate acceded to request Block Vote (40-Y 0-N 0-A) - Mar 11, 2026 · House
House requested conference committee - Mar 11, 2026 · House
House insisted on substitute - Mar 10, 2026 · Senate
House substitute rejected by Senate (0-Y 40-N 0-A) - Mar 9, 2026 · House
Passed House with substitute (63-Y 34-N 0-A) - Mar 9, 2026 · House
Engrossed by House - committee substitute - Mar 9, 2026 · House
committee substitute agreed to - Mar 9, 2026 · House
Read third time - Mar 6, 2026 · House
Read second time - Mar 4, 2026 · Senate
Fiscal Impact Statement from Department of Planning and Budget (SB491) - Mar 4, 2026 · House
Committee substitute printed 26108808D-H1 - Mar 4, 2026 · House
Reported from Education with substitute (14-Y 7-N) - Mar 3, 2026 · House
House subcommittee offered - Mar 3, 2026 · House
Subcommittee recommends reporting with substitute (7-Y 3-N) - Feb 26, 2026 · House
Assigned HED sub: K-12 Subcommittee - Feb 18, 2026 · House
Referred to Committee on Education - Feb 18, 2026 · House
Read first time - Feb 18, 2026 · House
Placed on Calendar - Feb 13, 2026 · Senate
Read third time and passed Senate (21-Y 18-N 0-A) - Feb 12, 2026 · Senate
Engrossed by Senate - committee substitute (Voice Vote) - Feb 12, 2026 · Senate
Committee substitute agreed to (Voice Vote) - Feb 12, 2026 · Senate
Committee substitute rejected (Voice Vote) - Feb 12, 2026 · Senate
Read second time - Feb 11, 2026 · Senate
Passed by for the day Block Vote (Voice Vote) - Feb 11, 2026 · Senate
Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A) - Feb 11, 2026 · Senate
Rules suspended - Feb 11, 2026 · Senate
Fiscal Impact Statement from Department of Planning and Budget (SB491) - Feb 11, 2026 · Senate
Committee substitute printed 26107531D-S2 - Feb 10, 2026 · Senate
Reported from Finance and Appropriations with substitute (10-Y 5-N) - Feb 6, 2026 · Senate
Fiscal Impact Statement from Department of Planning and Budget (SB491) - Feb 6, 2026 · Senate
Committee substitute printed 26106599D-S1 - Feb 5, 2026 · Senate
Reported from Education and Health with substitute and rereferred to Finance and Appropriations (9-Y 6-N) - Feb 5, 2026 · Senate
Senate committee offered - Jan 29, 2026 · Senate
Fiscal Impact Statement from Department of Planning and Budget (SB491) - Jan 22, 2026 · Senate
Senate subcommittee offered - Jan 22, 2026 · Senate
Assigned Education sub: Public Education - Jan 13, 2026 · Senate
Referred to Committee on Education and Health - Jan 13, 2026 · Senate
Prefiled and ordered printed; Offered 01-14-2026 26104918D