Free Public Education Regardless of Immigration Status

LegiScan Virginia

Published March 30th, 2026

Detected March 31st, 2026

Summary

Virginia General Assembly passed HB836 prohibiting public schools from denying free public education based on the actual or perceived immigration or citizenship status of students or their parents. The bill creates a civil cause of action for violations and prohibits school boards, schools, and school personnel from engaging in discriminatory practices. This bill incorporates HB 912 and is identical to SB 491.

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What changed

Virginia HB836 establishes that no child in Virginia shall be denied free public elementary or secondary education based on immigration or citizenship status, consistent with the Fourteenth Amendment. The bill prohibits school boards, public schools, school resource officers, and school employees, contractors, or agents from engaging in enumerated discriminatory actions. It creates a civil cause of action for violations of these prohibitions.

Virginia schools and school boards must immediately ensure compliance with the new nondiscrimination requirements and review existing policies and practices to eliminate any provisions that may deny education or educational benefits based on immigration status. Failure to comply with these mandates may expose school divisions to civil litigation under the cause of action established by the bill.

What to do next

Review and revise school division policies to eliminate discrimination based on immigration status
Train school staff and administrators on prohibited discriminatory practices under the bill
Establish procedures to ensure no student is denied enrollment or access to educational programs based on immigration or citizenship status

Penalties

Civil cause of action established for violations

Source document (simplified)

VA HB836 | 2026 | Regular Regular Session

Virginia House Bill 836

VA State Legislature page for HB836
- Summary
- Sponsors
- Texts
- Votes
- Research
- Comments
- Track

Status

Sponsorship: Partisan Bill (Democrat 10)
Status: Enrolled on March 30 2026 - 75% progression
Action: 2026-03-30 - Bill text as passed House and Senate (HB836ER)
Text: Latest bill text (Enrolled) [HTML]

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. This bill incorporates HB 912 and is identical to SB 491.
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Title

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

Roll Calls

2026-03-13 - Senate - Conference report agreed to by Senate (21-Y 18-N 0-A) (Y: 21 N: 18 NV: 0 Abs: 1) [PASS]
2026-03-13 - House - Conference report agreed to by House (62-Y 34-N 0-A) (Y: 62 N: 34 NV: 0 Abs: 3) [PASS]
2026-03-06 - Senate - Senate insisted on amendments (40-Y 0-N 0-A) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2026-03-04 - House - Senate substitute rejected by House (0-Y 95-N 0-A) (Y: 0 N: 95 NV: 0 Abs: 4) [FAIL]
2026-03-02 - Senate - Passed Senate with substitute (21-Y 19-N 0-A) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2026-02-27 - Senate - Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A) (Y: 37 N: 0 NV: 0 Abs: 3) [PASS]
2026-02-26 - Senate - Reported from Education and Health with substitute (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]
2026-02-17 - House - Read third time and passed House (61-Y 34-N 0-A) (Y: 61 N: 34 NV: 0 Abs: 5) [PASS]
2026-02-11 - House - Reported from Education with substitute (14-Y 7-N) (Y: 14 N: 7 NV: 0 Abs: 1) [PASS]
2026-02-10 - House - Subcommittee recommends reporting with substitute and referring to Appropriations (7-Y 3-N) (Y: 7 N: 3 NV: 0 Abs: 1) [PASS]

History

| Date | Chamber | Action |
| --- | --- | --- |
| 2026-03-30 | House | Bill text as passed House and Senate (HB836ER) |
| 2026-03-30 | House | Enrolled |
| 2026-03-13 | Senate | Conference report agreed to by Senate (21-Y 18-N 0-A) |
| 2026-03-13 | House | Conference report agreed to by House (62-Y 34-N 0-A) |
| 2026-03-12 | | Conference Report released |
| 2026-03-10 | Senate | Senate Conferees: Pekarsky, Favola, Craig |
| 2026-03-10 | Senate | Conferees appointed by Senate |
| 2026-03-10 | House | House Conferees: Rasoul, Cousins, Runion |
| 2026-03-10 | House | Conferees appointed by House |
| 2026-03-09 | House | House acceded to request |
| 2026-03-06 | Senate | Senate requested conference committee |
| 2026-03-06 | Senate | Senate insisted on amendments (40-Y 0-N 0-A) |
| 2026-03-04 | House | Senate substitute rejected by House (0-Y 95-N 0-A) |
| 2026-03-04 | House | Fiscal Impact Statement from Department of Planning and Budget (HB836) |
| 2026-03-02 | Senate | Passed Senate with substitute (21-Y 19-N 0-A) |
| 2026-03-02 | Senate | Engrossed by Senate - committee substitute |
| 2026-03-02 | Senate | Education and Health Substitute agreed to |
| 2026-03-02 | Senate | Read third time |
| 2026-03-02 | House | Fiscal Impact Statement from Department of Planning and Budget (HB836) |
| 2026-02-27 | Senate | Committee substitute printed 26108790D-S1 |
| 2026-02-27 | Senate | Passed by for the day Block Vote (Voice Vote) |
| 2026-02-27 | Senate | Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A) |
| 2026-02-27 | Senate | Rules suspended |
| 2026-02-26 | Senate | Reported from Education and Health with substitute (9-Y 6-N) |
| 2026-02-18 | Senate | Referred to Committee on Education and Health |
| 2026-02-18 | Senate | Constitutional reading dispensed (on 1st reading) |
| 2026-02-17 | House | Read third time and passed House (61-Y 34-N 0-A) |
| 2026-02-16 | House | Engrossed by House - committee substitute |
| 2026-02-16 | House | committee substitute agreed to |
| 2026-02-16 | House | Read second time |
| 2026-02-13 | House | Read first time |
| 2026-02-11 | House | Committee substitute printed 26107335D-H1 |
| 2026-02-11 | House | Reported from Education with substitute (14-Y 7-N) |
| 2026-02-11 | House | Incorporates HB912 (Lopez) |
| 2026-02-10 | House | Subcommittee recommends reporting with substitute and referring to Appropriations (7-Y 3-N) |
| 2026-02-10 | House | House subcommittee offered |
| 2026-02-05 | House | Assigned HED sub: K-12 Subcommittee |
| 2026-01-29 | House | Fiscal Impact Statement from Department of Planning and Budget (HB836) |
| 2026-01-13 | House | Referred to Committee on Education |
| 2026-01-13 | House | Prefiled and ordered printed; Offered 01-14-2026 26104919D |

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