Virginia HB 836: Public schools; right to free public elementary and secondary education, discrimination, etc.

Bill Text

2026 SESSION

INTRODUCED

26104919D

HOUSE BILL NO. 836

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—Rasoul, McClure, Shin, Bennett-Parker, Cousins, Hope, Keys-Gamarra, LeVere Bolling, Price and Tran

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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 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.

"Nonjudicial warrant" means a warrant issued by a federal, state, or local agency authorized with the power to arrest or detain individuals or manage the custody of detained individuals for any law-enforcement purpose, including immigration enforcement, that has not been issued or signed by a judge or magistrate upon a determination of probable cause consistent with the requirements of the Fourth Amendment to the Constitution of the United States.

"School resource officer" means the same as that term is defined in § 9.1-101.

B. In accordance with Article VIII, Section 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, 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 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; or

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 any law-enforcement agent or 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