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SB563 • 2026

Public elementary and secondary schools; parent's right to opt children out of certain ed. content.

<p class=ldtitle>A BILL to amend the Code of Virginia by adding a section numbered 22.1-1.1, relating to parents of public elementary and secondary school children; fundamental right to opt children out of certain educational content.</p>

Children Education
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Sturtevant
Last action
2026-02-12
Official status
Failed
Effective date
Not listed

Plain English Breakdown

The term 'drag shows' in the context of school activities may need further clarification to understand what specific types of events or content are covered.

Parents' Right to Exclude Children from Certain School Activities

This law gives parents and students aged 18 or older the right to opt their children out of school activities involving gender identity, sexual orientation, transgenderism, or drag show themes without facing penalties.

What This Bill Does

  • Gives parents the right to opt their children out of any instruction, reading, discussion, presentation (including audio-visual), school assembly, or activity that includes gender identity, sexual orientation, transgenderism, or drag show themes.
  • Allows students who are 18 years old or older to request to be excluded from these activities themselves.
  • Requires schools to make reasonable accommodations during the opt-out period.

Who It Names or Affects

  • Parents of public elementary and secondary school children
  • Public secondary school students aged 18 or older

Terms To Know

Opt-out
The process of removing a child from specific educational activities.
Reasonable accommodations
Changes made by the school to support students who are not participating in certain activities during the opt-out period.

Limits and Unknowns

  • Does not specify what 'reasonable accommodations' means exactly.
  • The law does not provide details on how schools should handle opt-out requests or penalties for non-compliance.

Bill History

  1. 2026-02-12 Education and Health

    Passed by indefinitely in Education and Health (9-Y 4-N)

  2. 2026-02-05 Public Education

    Assigned Education sub: Public Education

  3. 2026-01-22 Senate

    Fiscal Impact Statement from Department of Planning and Budget (SB563)

  4. 2026-01-14 Senate

    Prefiled and ordered printed; Offered 01-14-2026 26102633D

  5. 2026-01-14 Education and Health

    Referred to Committee on Education and Health

Official Summary Text

Parents of public elementary and secondary school children; fundamental right to opt children out of certain educational content.
Provides that parents of public elementary and secondary school children have the fundamental right to opt their children out, without penalty, of any instruction, reading, discussion, presentation, including any audio-visual presentation, school assembly, or activity that includes any gender identity, sexual orientation, transgenderism, or drag show theme or content, and the elementary or secondary school shall make reasonable accommodations during such opt-out period. The bill also requires any public secondary school student who is 18 years of age or older to, by request of such student, opt-out, without penalty, of any such instruction, reading discussion, presentation, including any audio-visual presentation, school assembly, or activity, and requires the secondary school to make reasonable accommodations during such opt-out period.

Current Bill Text

Read the full stored bill text
A BILL to amend the Code of Virginia by adding a section numbered
22.1-1.1
, relating to parents of public elementary and secondary school children; fundamental right to opt children out of certain educational content.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered
22.1-1.1
as follows:

§
22.1-1.1
. Parents
of
public
elementary
and secondary
school children
; fundamental right
to opt children out of certain educational content.

Consistent with §
1-240.1
and the Free Exercise Clause of the First Amendment to the Constitution of the United States
,
p
arents
of public elementary
and secondary
school children
have the fundamental right to opt their child
ren
out
and any public secondary school student who is 18 years of age or older shall
be permitted to
,
by request of such student,
opt-out
, without penalty,
of any instruction, reading, discussion, presentation,
including any
audio
-
visual presentation, school assembly
,
or activity that includes
any
gender identity, sexual orientation, transgenderism, or drag show
theme
or content
,
and the
elementary
or secondary
school shall make reasonable accommodations

during
such
opt-out period.