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SB491Introduced in the Senate

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

Passed

Introduced by Stella Pekarsky, District 36

What does this bill do?

Plain-English breakdown

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Official description

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.

Where it stands

Acts of Assembly Chapter text (CHAP0681)

April 13, 2026

How did lawmakers vote?

House of Delegates votes

4 recorded votes · each counted separately

Senate votes

7 recorded votes · each counted separately

House of DelegatesStage: Conference report agreed to by House (64-Y 31-N 0-A) · March 13, 2026

64

Yes

31

No

4

Absent or Not Voting

99 delegates recorded in this House of Delegates vote. Colors show vote categories only, not whether a vote was good or bad.

See how each delegate voted

DelegateDistrictVote
Patrick Hope1Yes
Adele McClure2Yes
Alfonso Lopez3Yes
Charniele Herring4Yes
Kirk McPike5Yes
Richard Sullivan6Yes
Karen Keys-Gamarra7Yes
Irene Shin8Yes
Karrie Delaney9Yes
Dan Helmer10Yes

Bill history

  1. Prefiled and ordered printed; Offered 01-14-2026 26104918D

  2. Referred to Committee on Education and Health

  3. Assigned Education sub: Public Education

  4. Senate subcommittee offered

  5. Fiscal Impact Statement from Department of Planning and Budget (SB491)

  6. Senate committee offered

  7. Reported from Education and Health with substitute and rereferred to Finance and Appropriations (9-Y 6-N)

  8. Committee substitute printed 26106599D-S1

  9. Fiscal Impact Statement from Department of Planning and Budget (SB491)

  10. Reported from Finance and Appropriations with substitute (10-Y 5-N)

  11. Committee substitute printed 26107531D-S2

  12. Fiscal Impact Statement from Department of Planning and Budget (SB491)

  13. Rules suspended

  14. Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)

  15. Passed by for the day Block Vote (Voice Vote)

  16. Read second time

  17. Committee substitute rejected (Voice Vote)

  18. Committee substitute agreed to (Voice Vote)

  19. Engrossed by Senate - committee substitute (Voice Vote)

  20. Read third time and passed Senate (21-Y 18-N 0-A)

  21. Placed on Calendar

  22. Read first time

  23. Referred to Committee on Education

  24. Assigned HED sub: K-12 Subcommittee

  25. Subcommittee recommends reporting with substitute (7-Y 3-N)

  26. House subcommittee offered

  27. Reported from Education with substitute (14-Y 7-N)

  28. Committee substitute printed 26108808D-H1

  29. Fiscal Impact Statement from Department of Planning and Budget (SB491)

  30. Read second time

  31. Read third time

  32. committee substitute agreed to

  33. Engrossed by House - committee substitute

  34. Passed House with substitute (63-Y 34-N 0-A)

  35. House substitute rejected by Senate (0-Y 40-N 0-A)

  36. House insisted on substitute

  37. House requested conference committee

  38. Senate acceded to request Block Vote (40-Y 0-N 0-A)

  39. Conferees appointed by Senate

  40. Senate Conferees: Pekarsky, Favola, Craig

  41. Conferees appointed by House

  42. House Conferees: Rasoul, Cousins, Runion

  43. Conference Report released

  44. Conference report agreed to by Senate (21-Y 18-N 0-A)

  45. Conference report agreed to by House (64-Y 31-N 0-A)

  46. Enrolled

  47. Bill text as passed Senate and House (SB491ER)

  48. Signed by President

  49. Fiscal Impact Statement from Department of Planning and Budget (SB491)

  50. Signed by Speaker

  51. Enrolled Bill communicated to Governor on March 31, 2026

  52. Governor's Action Deadline 11:59 p.m., April 13, 2026

  53. Approved by Governor-Chapter 681 (effective 7/1/2026)

  54. Acts of Assembly Chapter text (CHAP0681)

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