SB 394 Virginia Senate · 2026 Regular Session

Artificial intelligence; use of systems for student instruction.

Summary
Department of Education; artificial intelligence system use in instructional settings; development of AIS safety guidance required; AIS Innovation in Education Pilot Program established; report. Requires the Department of Education, in consultation with school divisions and other relevant stakeholders, to compile information on current uses of artificial intelligence systems (AIS) for student instruction in public schools in the Commonwealth and to establish and post in a publicly accessible location on its website guidance for the safe, ethical, and equitable use of AIS in instructional settings in public elementary and secondary schools. The bill requires each school board to establish, implement, and enforce policies consistent with the guidance developed by the Department in accordance with the provisions of the bill. The bill also directs the Department to establish and oversee the AIS Innovation in Education Pilot Program for the purpose of funding, evaluating, and scaling innovative uses of AIS in public elementary and secondary schools by providing support to school divisions in piloting AIS applications for instruction, tutoring, student engagement, operational efficiency, and teacher support and to submit an annual report to the Chairs of the House Committee on Education and the Senate Committee on Education and Health by December 1. The Pilot Program has an expiration date of July 1, 2030. This bill is identical to HB 1186.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Mar 2026
Signed into Law
Apr 2026
Introduced Jan 13, 2026 Signed Apr 13, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

K-12 Subcommittee Subcommittee Substitute Enrolled · 5 edits · Mar 31, 2026
MODERATE
The bill was finalized as an Enrolled Act, converting it from a House substitute draft into official Virginia law. The primary change is the formal amendment of the Code of Virginia to establish a permanent legal framework for regulating artificial intelligence in schools. This includes creating specific definitions for AI use, mandating the Department of Education to publish safety and ethical guidelines, and establishing a pilot program to fund and evaluate innovative AI applications in diverse school districts.
Scope change
The scope expanded from a single reporting requirement to a comprehensive regulatory framework including new definitions, mandatory safety guidelines, and a funded pilot program.
DEFINITION

Added specific legal definitions for 'AIS in instructional settings', 'artificial intelligence system', 'division-managed AIS platform', and 'division-managed environment' to clarify what technologies and environments are covered.

REQUIREMENT

Mandated the Department of Education to compile current usage data and publish detailed public guidance on safe, ethical, and equitable AI use, covering privacy, bias, and accessibility.

Required school boards to create and enforce policies that align with the Department's new safety and ethical guidelines.

FISCAL

Established the 'AIS Innovation in Education Pilot Program' to provide funding for school divisions to test AI applications for tutoring, engagement, and operational efficiency.

TIMELINE

Set an expiration date of July 1, 2030, for the pilot program's specific funding and evaluation provisions.

Floor votes · Senate Feb 13, 2026 · House of Delegates Mar 9, 2026

How they voted

340
Passed · 5 other
Total votes 39
Feb 13, 2026
D Democratic20
19 Yea 1
95% Yea
R Republican19
15 Yea 4
78% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
48
Key actions
14
Committee
13
Apr 13, 2026
Signed into law
Approved by Governor-Chapter 943 (effective 7/1/2026)
executive
Mar 31, 2026
Lower · Passed
Signed by Speaker
lower
Mar 30, 2026
Upper · Passed
Signed by President
upper
Mar 30, 2026
Upper · Passed
Bill text as passed Senate and House (SB394ER)
upper
Mar 13, 2026
Lower · Passed
Conference report agreed to by House (95-Y 0-N 0-A)
lower
Mar 13, 2026
Upper · Passed
Conference report agreed to by Senate (37-Y 2-N 0-A)
upper
Mar 12, 2026
Legislature · Passed
Conference Report released
legislature
Mar 11, 2026
Committee
House requested conference committee
lower
Mar 9, 2026
Lower · Passed
Passed House with substitute (96-Y 1-N 0-A)
lower
Mar 4, 2026
Lower · Passed
Reported from Education with substitute (20-Y 1-N)
lower
Mar 3, 2026
Lower · Passed
House subcommittee offered
lower
Feb 26, 2026
Committee
Assigned HED sub: K-12 Subcommittee
lower
Feb 23, 2026
Committee
Referred from Communications, Technology and Innovation and referred to Education (Voice Vote)
lower
Feb 19, 2026
Committee
Referred to Committee on Communications, Technology and Innovation
lower
Feb 16, 2026
Upper · Passed
Read third time and passed Senate (38-Y 1-N 0-A)
upper
Feb 13, 2026
Upper · Passed
Passed by for the day
upper
Feb 12, 2026
Upper · Passed
Reported from Finance and Appropriations (15-Y 0-N)
upper
Feb 12, 2026
Upper · Passed
Reported from Education and Health and rereferred to Finance and Appropriations (15-Y 0-N)
upper
Feb 5, 2026
Committee
Assigned Education sub: Public Education
upper
Jan 13, 2026
Committee
Referred to Committee on Education and Health
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Stella Pekarsky
Stella Pekarsky
DDemocratic
VA
36