Del. Irene Shin

Public schools; right to free public elementary and secondary education; discrimination based on immigration status prohibited; civil cause of action. Prohibits any child in the Commonwealth from being denied a free public education through secondary school on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents, in accordance with the Constitution of Virginia and consistent with the requirements of the Fourteenth Amendment to the United States Constitution. The bill also, among other things, prohibits any school board, public elementary or secondary school, school resource officer employed by a local law-enforcement agency in any public elementary or secondary school, or any individual who is an employee, contractor, or agent of a school board from engaging in certain enumerated actions and practices that involve or result in the denial of a free public education, or denial of the benefits or exclusion from participation in any program or activity thereof, of a child on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents. The bill establishes a civil cause of action for violations of the foregoing prohibitions. The bill requires the Department of Education, in collaboration with the Office of the Attorney General, to develop and make available to each school board by August 1, 2026, guidance and resources on developing policies and procedures to implement the requirements set forth in the bill and requires each school board to develop and implement by December 31, 2026, such policies and procedures and to require each public elementary and secondary school principal and administrator in the school division to complete training on compliance with the provisions of the bill as soon as is practicable but not later than the beginning of the 2027–2028 school year, consistent with the guidance and resources developed and made available by the Department of Education. This bill incorporates HB 912 and is identical to SB 491.

Protection of employees; coercion or threat based on immigration status; civil penalty. Prohibits an employer, including the Commonwealth and its agencies and political subdivisions, from using coercion or issuing a threat to an employee based on immigration status in furtherance of committing a violation of the Virginia Minimum Wage Act or provisions related to the payment of wages. An aggrieved employee is permitted to file a complaint with the Commissioner of Labor and Industry within 180 days of the alleged coercive action or threat. The bill authorizes the Commissioner to investigate such complaints and, if the allegation is substantiated, to impose a civil penalty in the following amounts: (i) up to $5,000 for the first violation, (ii) up to $9,000 for the second violation, and (iii) up to $12,000 for any subsequent violation. The bill provides that any such penalty assessed shall be paid to the Commissioner for deposit into the General Fund. The bill also authorizes the Commissioner to seek injunctive relief as may be necessary for enforcement.

Department of Social Services; requests for records or information concerning applicants for and recipients of public assistance; public notice required. Requires the Commissioner of Social Services to make a public notice available on the Department of Social Services' website within 10 days of receiving a request for a record or information concerning 25 or more applicants for or recipients of public assistance or child support for a purpose not directly connected to the administration of such programs. If a local department of social services receives a request for information that meets the requirements of the bill, such local department of social services is required to notify the Commissioner of such request. The bill establishes the form of such public notice and requires such notice to be made available (i) regardless of whether such information has been previously been shared; (ii) regardless of the identity of the requestor, unless such request is permitted under existing law; and (iii) even when a request is made in compliance with state and federal law and regulation.

Virginia Residential Landlord and Tenant Act; rental payment methods; prohibited fees. Requires a landlord subject to the Virginia Residential Landlord and Tenant Act to accept payment of periodic rent and any security deposit by check and money order. The bill additionally prohibits such a landlord from requiring a tenant to pay any fee to submit periodic rent payments or other amounts due in excess of the actual out-of-pocket expenses charged to the landlord by a third party to process a payment. Finally, the bill prohibits a landlord from requiring a tenant to pay any fee for the maintenance or repair of any dwelling unit unless the repair is necessitated by the tenant's violation of the Virginia Residential Landlord and Tenant Act. This bill is identical to SB 313.

Government Data Collection and Dissemination Practices Act; dissemination of personal information to federal government; civil penalties. Provides that any agency or political subdivision of the Commonwealth shall only disseminate personal information (i) to the extent necessary to comply with state or federal law, including the federal Health Insurance Portability and Accountability Act; (ii) to the extent necessary to carry out the administration of a state or federal program pursuant to state or federal law; (iii) to comply with a subpoena, court order, or administrative proceeding; (iv) to the extent necessary to ensure fulfillment of the obligations of a purchase or contract made in accordance with the Virginia Public Procurement Act or a memorandum of understanding or management agreement made in accordance with the Restructured Higher Education Financial and Administrative Operations Act; (v) when the data subject has given consent; or (vi) to the extent necessary to accomplish a proper purpose of the agency. The bill also prohibits an agency or political subdivision from selling personal information. The bill authorizes a court, in the case of a willful and knowing violation, to subject a specific public officer, appointee, or employee of any agency to civil penalties.

Inspection of water distribution systems; lead status inspections for water service lines. Permits any locality that operates a water distribution system or any water authority that operates a water distribution system, or their respective duly authorized agents, to, at reasonable times and under reasonable circumstances, enter upon the exterior areas of any property, public or private, for the purpose of accessing and inspecting a water service line necessary to make the required system-side and customer-side service line material classifications for lead status to comply with federal law. The bill requires any such inspector to maintain a record of such inspections, including the date, time, and result of the inspection, and, further, requires the inspector to inform the customer of the result of the inspection. The bill also requires the locality or water authority to deliver notice to the customer at least 14 days prior to the inspection. The bill has an expiration date of July 1, 2028.

Joint Commission on Health Care; comprehensive assessment of the quality of care, resident safety, and operational practices of nursing facilities in the Commonwealth; report. Directs the Joint Commission on Health Care to conduct a comprehensive assessment of the quality of care, resident safety, and operational practices of nursing facilities in the Commonwealth and report its findings and recommendations to the Governor and the Chairs of the House Committees on Appropriations and Health and Human Services and the Senate Committees on Finance and Appropriations and Education and Health by December 1, 2027.

Virginia Residential Landlord and Tenant Act; landlord remedies; rental agreement noncompliance; victim of family abuse. Removes the requirement that a tenant who is a victim of family abuse provide the landlord prompt notification should the perpetrator return to the dwelling unit to prevent the landlord from terminating a lease solely due to such act of family abuse occurring in the dwelling unit or on the premises by a perpetrator barred from the dwelling unit. Under the bill, if the tenant provides the landlord with a copy of the protective order, should the perpetrator not already be barred from the unit by the landlord, the lease shall not be terminated due solely to an act of family abuse against the tenant by a perpetrator barred from the dwelling unit.

Department of Education; School Health Services Committee; annual mental health screenings for public school students in grades six through 12; recommendations on guidance and best practices. Directs the School Health Services Committee (the Committee), in collaboration with the Department of Education, to study and make recommendations on best practices for annual mental health screenings for public school students in grades six through 12 that utilize evidence-based tools. The bill directs the Committee to include its findings and recommendations in its annual report required pursuant to applicable law.

State Council of Higher Education for Virginia; public institutions of higher education; certain annual student demographic data; report. Requires the State Council of Higher Education for Virginia to annually report on the enrollment of Virginia students, non-Virginia students, and international students at each public institution of higher education in the Commonwealth and submit a report of its findings to the Chairs of the House Committee on Education and the Senate Committee on Education and Health no later than February 1 each year.