SB 491 VA

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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.

• Stella G. Pekarsky Democratic · primary

1. Jan 13, 2026 Prefiled and ordered printed; Offered 01-14-2026 26104918D · upper
2. Jan 13, 2026 Referred to Committee on Education and Health · upper
3. Jan 22, 2026 Assigned Education sub: Public Education · upper
4. Jan 22, 2026 Senate subcommittee offered · upper
5. Jan 29, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB491) · upper
6. Feb 5, 2026 Senate committee offered · upper
7. Feb 5, 2026 Reported from Education and Health with substitute and rereferred to Finance and Appropriations (9-Y 6-N) · upper
8. Feb 6, 2026 Committee substitute printed 26106599D-S1 · upper
9. Feb 6, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB491) · upper
10. Feb 10, 2026 Reported from Finance and Appropriations with substitute (10-Y 5-N) · upper
11. Feb 11, 2026 Committee substitute printed 26107531D-S2 · upper
12. Feb 11, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB491) · upper
13. Feb 11, 2026 Rules suspended · upper
14. Feb 11, 2026 Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A) · upper
15. Feb 11, 2026 Passed by for the day Block Vote (Voice Vote) · upper
16. Feb 12, 2026 Read second time · upper
17. Feb 12, 2026 Committee substitute rejected (Voice Vote) · upper
18. Feb 12, 2026 Committee substitute agreed to (Voice Vote) · upper
19. Feb 12, 2026 Engrossed by Senate - committee substitute (Voice Vote) · upper
20. Feb 13, 2026 Read third time and passed Senate (21-Y 18-N 0-A) · upper
21. Feb 18, 2026 Placed on Calendar · lower
22. Feb 18, 2026 Read first time · lower
23. Feb 18, 2026 Referred to Committee on Education · lower
24. Feb 26, 2026 Assigned HED sub: K-12 Subcommittee · lower
25. Mar 3, 2026 Subcommittee recommends reporting with substitute (7-Y 3-N) · lower
26. Mar 3, 2026 House subcommittee offered · lower
27. Mar 4, 2026 Reported from Education with substitute (14-Y 7-N) · lower
28. Mar 4, 2026 Committee substitute printed 26108808D-H1 · lower
29. Mar 4, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB491) · upper
30. Mar 6, 2026 Read second time · lower
31. Mar 9, 2026 Read third time · lower
32. Mar 9, 2026 committee substitute agreed to · lower
33. Mar 9, 2026 Engrossed by House - committee substitute · lower
34. Mar 9, 2026 Passed House with substitute (63-Y 34-N 0-A) · lower
35. Mar 10, 2026 House substitute rejected by Senate (0-Y 40-N 0-A) · upper
36. Mar 11, 2026 House insisted on substitute · lower
37. Mar 11, 2026 House requested conference committee · lower
38. Mar 12, 2026 Senate acceded to request Block Vote (40-Y 0-N 0-A) · upper
39. Mar 12, 2026 Conferees appointed by Senate · upper
40. Mar 12, 2026 Senate Conferees: Pekarsky, Favola, Craig · upper
41. Mar 12, 2026 Conferees appointed by House · lower
42. Mar 12, 2026 House Conferees: Rasoul, Cousins, Runion · lower
43. Mar 12, 2026 Conference Report released · legislature
44. Mar 13, 2026 Conference report agreed to by Senate (21-Y 18-N 0-A) · upper
45. Mar 13, 2026 Conference report agreed to by House (64-Y 31-N 0-A) · lower
46. Mar 30, 2026 Enrolled · upper
47. Mar 30, 2026 Bill text as passed Senate and House (SB491ER) · upper
48. Mar 30, 2026 Signed by President · upper
49. Mar 31, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB491) · upper
50. Mar 31, 2026 Signed by Speaker · lower
51. Mar 31, 2026 Enrolled Bill communicated to Governor on March 31, 2026 · upper
52. Mar 31, 2026 Governor's Action Deadline 11:59 p.m., April 13, 2026 · executive
53. Apr 13, 2026 Approved by Governor-Chapter 681 (effective 7/1/2026) · executive
54. Apr 13, 2026 Acts of Assembly Chapter text (CHAP0681) · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Chaptered · PDF
• Chaptered · HTML
• Enrolled · PDF
• Enrolled · HTML
• Conference Report · HTML
• Conference Report Substitute · PDF
• Conference Report Substitute · HTML
• Education Substitute · PDF
• Education Substitute · HTML
• Education Substitute · PDF
• Education Substitute · HTML
• K-12 Subcommittee Subcommittee Substitute · PDF
• K-12 Subcommittee Subcommittee Substitute · HTML
• Finance and Appropriations Substitute · PDF
• Finance and Appropriations Substitute · HTML
• Education and Health Substitute · PDF
• Education and Health Substitute · HTML
• Education and Health Substitute · PDF
• Education and Health Substitute · HTML
• Education and Health Substitute · PDF
• Education and Health Substitute · HTML
• Introduced · PDF
• Introduced · HTML