SB 491: Public schools; right to free public elementary and secondary education, discrimination, etc.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 5

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. April 13, 2026Acts of Assembly Chapter text (CHAP0681)
2. April 13, 2026Approved by Governor-Chapter 681 (effective 7/1/2026)
3. March 31, 2026Governor's Action Deadline 11:59 p.m., April 13, 2026
4. March 31, 2026Enrolled Bill communicated to Governor on March 31, 2026
5. March 31, 2026Signed by Speaker
6. March 31, 2026Fiscal Impact Statement from Department of Planning and Budget (SB491)
7. March 30, 2026Signed by President
8. March 30, 2026Bill text as passed Senate and House (SB491ER)
9. March 30, 2026Enrolled
10. March 13, 2026Conference report agreed to by House (64-Y 31-N 0-A)
11. March 13, 2026Conference report agreed to by Senate (21-Y 18-N 0-A)
12. March 12, 2026Conference Report released

Showing 12 most recent of 40 actions. Full history