Virginia HB 912: Public schools; right to free public elementary and secondary education, discrimination, etc.

Bill Text

2026 SESSION

INTRODUCED

26102214D

HOUSE BILL NO. 912

Offered January 14, 2026

Prefiled January 13, 2026

A BILL 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.

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Patrons—Lopez, McClure, Bennett-Parker, Convirs-Fowler, Price, Reaser and Shin; Senators: Salim and Srinivasan

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Referred to Committee on Education

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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.

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 of 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" does not include any school resource officer employed by a school board acting in the scope of his normal duties.

B. In accordance with Article VIII, § 1 of the Constitution of Virginia and consistent with the requirements of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, no child in the Commonwealth shall be denied a free public education through secondary school on the basis of the actual or perceived immigration or citizenship status of such child or the child's parents. 

C. Pursuant to subsection B, no school board or public elementary or secondary school shall:

1. Exclude from or prohibit enrollment in the school division of any child of school age that resides within the school division pursuant to § 22.1-3 on the basis of the actual or perceived immigration or citizenship status of such child or the child's parents;

2. Exclude a child from participation in or deny a child the benefits of any program or activity on the basis of the actual or perceived immigration or citizenship status of such child or the child's parents;

3. Implement or use any policies or procedures or otherwise engage in processes that would have the effect of (i) excluding a child from participation in or denying such child the benefits of any program or activity available to other students or (ii) excluding the participation of a child's parent form any parental engagement activities or programs available to other parents of students, on the basis of the actual or perceived immigration or citizenship status of such child or the child's parents, including any policy, procedure, or practice:

a. Requesting or collecting information or documentation from a student or the student's parent about immigration or citizenship status, except to the extent required by state or federal law; and

b. Designating immigration or citizenship status, country of origin or birth, nationality, or national origin, as directory information; or

4. Perform any of the following actions:

a. Threaten to disclose any matter relating to the actual or perceived immigration or citizenship status of a child, the parent of a child, or another person associated with the child to any other person or entity, including an immigration or law enforcement agency;

b. If the school board or school does not have direct knowledge of the actual immigration or citizenship status of a child, the parent of a child, or another person associated with the child, disclose any matter or information relating to the perceived immigration or citizenship status of a child, the parent of a child, or another person associated with the child to any other person or agency, including an immigration or law enforcement agency, except as provided in subsection D; or

c. If the school board or school does have direct knowledge of the actual immigration or citizenship status of a child, the parent of a child, or another person associated with the child, disclose any matter or information relating to the actual immigration or citizenship status of a child, the parent of a child, or another person associated with the child to any other person or agency, including an immigration or law enforcement agency, except as provided in subsection D.

D. Nothing in subdivision C 4 shall be construed to (i) permit the disclosure of student records or information without complying with the requirements of applicable state and federal law relating to the disclosure of such records or information or (ii) prohibit or restrict a school board, school, or other entity from sending to or receiving from the U.S. Department of Homeland Security or any other federal, state, or local governmental entity information relating to