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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.
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).
"
I
mmigration or citizenship status" mea
ns 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 parent
s.
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 availabl
e 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, d
i
sclose 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 subs
ection 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 the immigration or citizenship status of an individual under 8 U.S.C. §
§
1373 and 1644.
E. E
ach public elementary and secondary school shall develop and implement procedures for reviewing and authorizing requests from law enforcements agents attempting to enter a public school or public school facility, consistent with the provisions of this section, that include, at a minimum
, procedures for
:
1. Reviewing and contacting a designated authorized person at the school or school facility and the division superintendent's office or other office of the school board, who can contact the school board's legal counsel, and permitting such authorized person or legal counsel to revie
w requests to enter a school or school facility, including any judicial warrants, nonjudicial warrants, and subpoenas;
2. Monitoring or accompanying law enforcement agents and documenting all interactions with law enforcement agents while on public school premises; and
3. Notifying and seeking consent from a student's parent or, if the stud
ent is 18 years of age or
older, the student, if a law enforcement agent requests access to a student for purposes relating to immigration enforcement, except in the case that such access is in compliance with a judicial warrant or subpoena that restricts the disclosure of the information to the student's parent or guardian.
F.
Any party aggrieved by conduct that violates the provisions of this section
may
bring a civil action
for injunctive relief, damages, and other relief available under law
. The court, u
pon such violation occurred,
may gra
n
t
such relief as it deems appropriate, including actual damages for willful
violations, injunctive relief, and temporary restraining orders.
T
he court shall award reasonable attorney's fees to a plaintiff who is a prevailing party in any a
ction brought under this subsection. In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought.
Any civil action brought under this subsection shall be brought no later than two years after the
violation occurred.
2. That the Department of Education shall develop and make available to each school board by August 1, 2026, (i) guidance for school personnel, including administrative and front office staff, on the requirements of the first enactment of this act and (ii) training guidelines and materials for the training of all public elementary and secondary school principals and administrators on compliance with the provisions of the first enactment of this act.
3. That each school board shall (i) develop and implement by August 1, 2026, and post in a publicly accessible location on its website by the beginning of the 2026–2027 school year, policies and procedures in accordance with the first enactment of this act and (ii) require each public elementary and secondary school principal and administrator in the school division to complete training on compliance with the provisions of the first enactment of this act by the beginning of the 2026–2027 school year, consistent with the training materials and guidance developed by the Department of Education pursuant to the second enactment of this act.