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.
HB836 adds a new section to the Code of Virginia establishing that no child in the Commonwealth may be denied a free public education through secondary school because of the child’s actual or perceived immigration or citizenship status, or that of the child’s parents. The bill applies to school boards, public elementary and secondary schools, school resource officers acting in their normal duties, and school employees, contractors, and agents. It prohibits exclusion from enrollment, denial of participation in programs or activities, and the use of policies or procedures that would have the effect of discouraging enrollment or parental involvement based on immigration-related status.
The bill also bars schools from requesting or collecting immigration or citizenship information except where required by state or federal law, from treating immigration-related information as directory information, and from threatening to disclose or actually disclosing a child’s or parent’s immigration status or related information to law-enforcement or immigration authorities, subject to a limited exception referenced in the statute. The measure is framed as implementing Virginia’s constitutional guarantee of public education and aligning with federal equal protection principles, and it includes a civil cause of action as part of its enforcement structure.
HB836 changes Virginia education law by creating an express statutory prohibition on discrimination in public elementary and secondary education based on citizenship or immigration status. It restricts school boards and school personnel from using immigration-related information in enrollment, access to programs, parental engagement, or disclosure practices, and it limits when such information may be requested or shared. The bill affects local school divisions, school resource officers, and other school-affiliated personnel, and it creates potential legal exposure through a civil cause of action for violations.
The available record suggests the bill was enacted without recorded committee debate or vote detail in the provided materials, so there is no documented split in the supplied context. The substance of the bill indicates a protective, access-to-education approach aimed at ensuring immigrant and mixed-status families can use public schools without fear of exclusion or disclosure. Overall, the measure appears to have been treated as a civil-rights and school-access bill rather than a controversial operational change in the provided record.
The main points of potential contention are the limits on school inquiries into immigration status and the restrictions on disclosure to law-enforcement or immigration authorities. Opponents of similar measures often argue that such rules may complicate school administration, data collection, or cooperation with authorities, while supporters emphasize student access, privacy, and equal treatment regardless of immigration status. The bill’s exception for disclosures required by state or federal law may also be a focal point in interpreting how far the nondiscrimination and nondisclosure rules extend.