SB491
Public schools; right to free public elementary and secondary education, discrimination, etc.
Status:
Passed
Latest Action:
March 13, 2026
House: Conference report agreed to by House (64-Y 31-N 0-A)
Chief Patron:
Stella Pekarsky (D)
Session:
2026 Regular Session
Summary
As Passed House of Origin. 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 ... (More) 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. (Less)-
Bill History
- 01/13/2026 - Senate: Prefiled and ordered printed; Offered 01-14-2026 26104918D
- 01/13/2026 - Senate: Referred to Committee on Education and Health
- 01/22/2026 - Senate: Assigned Education sub: Public Education
- 01/22/2026 - Senate: Senate subcommittee offered
- 01/29/2026 - Senate: Fiscal Impact Statement from Department of Planning and Budget (SB491)
- 02/05/2026 - Senate: Senate committee offered
- 02/05/2026 - Senate: Reported from Education and Health with substitute and rereferred to Finance and Appropriations (9-Y 6-N)
- 02/05/2026 - Senate: Rereferred to Finance and Appropriations
- 02/06/2026 - Senate: Committee substitute printed 26106599D-S1
- 02/06/2026 - Senate: Fiscal Impact Statement from Department of Planning and Budget (SB491)
- 02/10/2026 - Senate: Reported from Finance and Appropriations with substitute (10-Y 5-N)
- 02/11/2026 - Senate: Committee substitute printed 26107531D-S2
- 02/11/2026 - Senate: Fiscal Impact Statement from Department of Planning and Budget (SB491)
- 02/11/2026 - Senate: Rules suspended
- 02/11/2026 - Senate: Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)
- 02/11/2026 - Senate: Passed by for the day Block Vote (Voice Vote)
- 02/12/2026 - Senate: Read second time
- 02/12/2026 - Senate: Committee substitute rejected (Voice Vote)
- 02/12/2026 - Senate: Committee substitute agreed to (Voice Vote)
- 02/12/2026 - Senate: Engrossed by Senate - committee substitute (Voice Vote)
- 02/13/2026 - Senate: Read third time and passed Senate (21-Y 18-N 0-A) Close Floor Vote
- 02/18/2026 - House: Placed on Calendar
- 02/18/2026 - House: Read first time
- 02/18/2026 - House: Referred to Committee on Education
- 02/26/2026 - House: Assigned HED sub: K-12 Subcommittee
- 02/26/2026 - House: Placed on Education Agenda
- 03/03/2026 - House: Subcommittee recommends reporting with substitute (7-Y 3-N)
- 03/03/2026 - House: House subcommittee offered
- 03/03/2026 - House: Placed on Education Agenda
- 03/04/2026 - House: Reported from Education with substitute (14-Y 7-N)
- 03/04/2026 - House: Committee substitute printed 26108808D-H1
- 03/04/2026 - Senate: Fiscal Impact Statement from Department of Planning and Budget (SB491)
- 03/06/2026 - House: Read second time
- 03/09/2026 - House: Read third time
- 03/09/2026 - House: committee substitute agreed to
- 03/09/2026 - House: Engrossed by House - committee substitute
- 03/09/2026 - House: Passed House with substitute (63-Y 34-N 0-A) Close Floor Vote
- 03/10/2026 - Senate: House substitute rejected by Senate (0-Y 40-N 0-A)
- 03/11/2026 - House: House insisted on substitute
- 03/11/2026 - House: House requested conference committee
- 03/12/2026 - Senate: Senate acceded to request Block Vote (40-Y 0-N 0-A)
- 03/12/2026 - Senate: Conferees appointed by Senate
- 03/12/2026 - Senate: Senate Conferees: Pekarsky, Favola, Craig
- 03/12/2026 - House: Conferees appointed by House
- 03/12/2026 - House: House Conferees: Rasoul, Cousins, Runion
- 03/12/2026 - Senate: Conference substitute printed 26109735D-S3
- 03/12/2026 - Conference Report released
- 03/13/2026 - Senate: Conference report agreed to by Senate (21-Y 18-N 0-A) Close Floor Vote
- 03/13/2026 - House: Conference report agreed to by House (64-Y 31-N 0-A)
