Virginia SB 190: Certified student support agencies; DOE to assess impact of developing program for students.

Bill Text

2026 SESSION

INTRODUCED

26101635D

SENATE BILL NO. 190

Offered January 14, 2026

Prefiled January 9, 2026

A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 14 of Title 22.1 a section numbered 22.1-289.01:1, relating to public schools; student support services; student personal information and data security; certification; requirements; grants; report.

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Patrons—Williams Graves; Delegate: Anthony

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Referred to Committee on Education and Health

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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 5 of Chapter 14 of Title 22.1 a section numbered 22.1-289.01:1 as follows:

§ 22.1-289.01:1. Student support services; certified student support agencies; student personal information and data security; requirements; grants; report.

A. As used in this section:

"Certified student support agency" means a nonprofit organization certified by the Commonwealth pursuant to subsection B to provide student support programs to students enrolled in a public elementary or secondary school.

"Personal profile" does not include account information that is collected and retained by a student support agency and remains under control of a student, parent, or elementary or secondary school.

"Secure data transfer" means a method of transmitting data, including personally identifiable information, through the use of certain technical and organizational measures and protocols, including data encryption and authentication, to ensure that the integrity and confidentiality of such data is not compromised during such transfer and is only accessible by authorized recipients.

"Student personal information" means information collected through a student support program that identifies a currently or formerly enrolled individual student or is linked to information that identifies a currently or formerly enrolled student.

"Student support program" means a program administered for the purpose of providing direct services to at-risk students, including housing stabilization, case management, tutoring or instructional support, youth mentoring and development, or summer enrichment services.

"Targeted advertising" means advertising that is presented to a student and selected on the basis of information obtained or inferred over time from such student's online behavior, use of applications, or sharing of student personal information.

B. Each nonprofit organization seeking to provide student support programs to students enrolled in a public elementary or secondary school shall register and maintain status as a certified student support agency. In order to register and maintain status as a certified student support agency, each such nonprofit organization shall:

1. Provide at the time of registration and once every three years thereafter or upon request of the Department (i) documentation establishing the organization's nonprofit status; (ii) a copy of the organization's (a) privacy policy and procedures, (b) background check policy and procedures, and (c) mandated reporting policy and procedures; and (iii) a description of each student support program that such organization provides;

2. Agree to provide at least 30 days' notice to the Department prior to the cessation of providing any student support program to public school students in the Commonwealth; and

3. Comply with the provisions of subsections D and E.

C. The Department shall be responsible for administering and overseeing the certification of any certified student support agency, in accordance with the provisions of subsection B. In administering and overseeing the certification of any certified student support agency, the Department shall:

1. Develop a certification process;

2. Establish and maintain a registry of each certified student support agency;

3. Develop policies and procedures for the secure disposal of student personal information upon such student's withdrawal from a student support program, upon the cessation of any such program, or upon such student's graduation or transfer from the school division;

4. Develop and implement compliance monitoring and enforcement mechanisms and subsequent penalties for noncompliance to ensure that each certified student support agency complies with the provisions of this section, any Department policies established in accordance with this section, and any other applicable state or federal law or regulation, including any policies and procedures necessary for the implementation and administration of a regular audit;

5. Develop a model memorandum of understanding and guidelines and policies for the implementation of such memorandum of understanding to facilitate and establish requirements and limitations relating to the exchange of student personal information between certified student support agencies and school boards in the Commonwealth. Such model memorandum of understanding shall:

a. Act as template for the memorandum of unde