SB 491 Virginia Senate · 2026 Regular Session

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

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Mar 2026
Signed into Law
Apr 2026
Introduced Jan 13, 2026 Signed Apr 13, 2026
Maddy AI version diff · 6 comparisons

What changed between versions

K-12 Subcommittee Subcommittee Substitute Chaptered · 3 edits
MINOR
The bill was finalized into law (Chaptered) by adding a new civil cause of action that allows individuals to sue for violations of the anti-discrimination provisions. The text was also cleaned up to remove internal draft markings and standardize formatting.
Scope change
The bill's scope expanded by adding a new enforcement mechanism (civil lawsuits) that was not present in the draft version.
ENFORCEMENT

Added a new subsection (E) creating a civil cause of action, allowing aggrieved parties to sue for injunctive relief and damages if the school or state violates the non-discrimination rules.

REQUIREMENT

Added a new requirement for the school division to investigate and address alleged violations within 15 days of receiving written notice before a lawsuit can be filed.

TECHNICAL

Removed draft-specific headers (e.g., 'HOUSE SUBSTITUTE', 'AMENDMENT IN THE NATURE OF A SUBSTITUTE') and standardized punctuation and spacing throughout the text.

Floor votes · Senate Feb 11, 2026 · House of Delegates Mar 9, 2026

How they voted

390
Passed
Total votes 39
Feb 11, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
54
Key actions
16
Committee
14
Apr 13, 2026
Signed into law
Approved by Governor-Chapter 681 (effective 7/1/2026)
executive
Mar 31, 2026
Lower · Passed
Signed by Speaker
lower
Mar 30, 2026
Upper · Passed
Signed by President
upper
Mar 30, 2026
Upper · Passed
Bill text as passed Senate and House (SB491ER)
upper
Mar 13, 2026
Lower · Passed
Conference report agreed to by House (64-Y 31-N 0-A)
lower
Mar 13, 2026
Upper · Passed
Conference report agreed to by Senate (21-Y 18-N 0-A)
upper
Mar 12, 2026
Legislature · Passed
Conference Report released
legislature
Mar 11, 2026
Committee
House requested conference committee
lower
Mar 9, 2026
Lower · Passed
Passed House with substitute (63-Y 34-N 0-A)
lower
Mar 4, 2026
Lower · Passed
Reported from Education with substitute (14-Y 7-N)
lower
Mar 3, 2026
Lower · Passed
House subcommittee offered
lower
Feb 26, 2026
Committee
Assigned HED sub: K-12 Subcommittee
lower
Feb 18, 2026
Committee
Referred to Committee on Education
lower
Feb 13, 2026
Upper · Passed
Read third time and passed Senate (21-Y 18-N 0-A)
upper
Feb 11, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Feb 10, 2026
Upper · Passed
Reported from Finance and Appropriations with substitute (10-Y 5-N)
upper
Feb 5, 2026
Upper · Passed
Reported from Education and Health with substitute and rereferred to Finance and Appropriations (9-Y 6-N)
upper
Feb 5, 2026
Upper · Passed
Senate committee offered
upper
Jan 22, 2026
Upper · Passed
Senate subcommittee offered
upper
Jan 22, 2026
Committee
Assigned Education sub: Public Education
upper
Jan 13, 2026
Committee
Referred to Committee on Education and Health
upper
1 primary · 4 co-sponsors

Sponsors