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Subcommittee endorses bill to protect immigrant students’ privacy and set school warrant procedures, amid concerns about private lawsuits

Senate Education Subcommittee (Senate of Virginia) · January 23, 2026
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Summary

SB491 would codify student privacy protections and restrict school disclosures of immigration status, require warrant review procedures, and provide a private right of action for violations. Civil‑rights groups supported the bill; some school systems asked for tighter private‑action language. The committee voted to recommend reporting 4–2.

Sponsor described the Virginia Education Access and Privacy Act (SB491) as a measure to ensure students can attend school without fear of immigration enforcement, to prohibit collection and public disclosure of immigration status by schools, to require written policies for warrant reviews and law‑enforcement interactions, and to require parental notification prior to immigration enforcement accessing students.

Chelsea Delgado of the Legal Aid Justice Center and education staff described families’ fear and the bill’s role in restoring trust. Advocates emphasized existing federal uncertainty and cited Plyler v. Doe as foundational background. Some school system representatives expressed support for the bill’s goals but sought narrower private‑right‑of‑action language to avoid unintended litigation against school staff; Adventist Strategies (Alexandria City Public Schools) raised that issue directly.

After discussion the committee voted to recommend reporting SB491 4–2.