States / Virginia / SB 491

SB 491 Enacted

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

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CHAPTER 681

An Act to amend the Code of Virginia by adding a section numbered 22.1-2.2 , relating to public schools; right to free public elementary and secondary education; discrimination based on immigration status prohibited; requirements; civil cause of action.

[S 491]

Approved April 13, 2026

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 22.1-2.2 as follows:

§ 22.1-2.2 . Right to a free public education; discrimination based on citizenship or immigration status prohibited; requirements; civil cause of action.

A. As used in this section:

"Directory information" means the same as that term is defined by the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g).

"Immigration or citizenship status" means the status applied to any individual based on such individual's citizenship in the United States or any other country or such individual's authority or lack thereof to be lawfully present or reside in the United States.

"Law-enforcement agent" includes any (i) law-enforcement officer, as defined in § 9.1-101 ; (ii) federal immigration officer; and (iii) law-enforcement officer of any agency of the Commonwealth or its political subdivisions or the federal government whose duties include immigration-related enforcement. "Law-enforcement agent" does not include any school resource officer employed by a school board acting in the scope of his normal duties.

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