HB 359 Virginia House of Delegates · 2026 Regular Session

Private elementary or secondary school; use of public funds for tuition, standards.

Summary

Use of public funds for private elementary or secondary school tuition; standards. Establishes several requirements and conditions relating to the use of certain public funds enumerated in the bill to fund student tuition at private elementary and secondary schools in the Commonwealth, including (i) requiring all students enrolled at schools who receive such funds to take Standards of Learning assessments; (ii) requiring all such schools to receive accountability ratings from the Board of Education; and (iii) prohibiting such schools from discriminating in admissions, enrollment, discipline, retention, or access to educational programs and services on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity or expression, disability, special education status, language proficiency, or socioeconomic status.

Issues: ✓ Education

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 12, 2026 Last action Feb 11, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Education Substitute · 6 edits

MODERATE

The bill was amended from its original introduction to a House substitute version, primarily to exclude certain state tax credit scholarship programs from the new accountability requirements. The amendment narrows which private schools and funding sources must comply with the new standards, specifically exempting the Education Improvement Scholarship Tax Credits program that was originally included.

Scope change

The bill's scope was narrowed to exclude specific state tax credit scholarship programs (Education Improvement Scholarship Tax Credits) from the new accountability requirements. Originally, these programs and their associated schools were required to comply with the new standards, but the amendment removes them from coverage.

ELIGIBILITY

Removed Education Improvement Scholarship Tax Credits (Article 13.3 of Title 58.1) from the list of public tuition assistance vehicles that must comply with the new standards.

DEFINITION

Added new definition for 'Public tuition assistance vehicle' that explicitly excludes tax credit scholarships from Article 13.3 of Title 58.1.

Added exclusion language to 'Scholarship-granting organization' definition to exclude scholarship foundations operating under Article 13.3 of Title 58.1.

Added exclusion language to 'Tax-favored educational funding mechanism' definition to exclude tax credit scholarships from Article 13.3 of Title 58.1.

REQUIREMENT

Modified subdivision 3 of 'Participating private school' definition to exclude scholarship foundations approved pursuant to § 58.1-439.27.

TECHNICAL

Changed section numbering from 22.1-101.2 through 22.1-101.16 to 22.1-101.2 through 22.1-101.17, indicating a new section was added or renumbered.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 11, 2026

Lower · Passed

Subcommittee recommends continuing to (Voice Vote)

lower

Feb 9, 2026

Committee

Assigned HAPP sub: Elementary & Secondary Education

lower

Feb 9, 2026

Lower · Passed

Reported from Education with substitute and referred to Appropriations (13-Y 7-N)

lower

Feb 6, 2026

Lower · Passed

House committee offered

lower

Jan 12, 2026

Committee

Referred to Committee on Education

lower

1 primary · 0 co-sponsors