Del. Cia Price

Virginia Residential Landlord and Tenant Act; duties of landlord; mold remediation; civil penalty. Provides that a tenant, authorized occupant, or guest or invitee of a tenant or authorized occupant may bring a personal injury or wrongful death action for exposure to mold arising from the condition within the interior of a dwelling unit or for any property damage claims arising out of the landlord-tenant relationship to recover (i) compensatory damages, including medical bills, lost wages, and injury to personal property; (ii) punitive damages; and (iii) reasonable attorney fees and costs, if the mold is caused solely by the gross negligence or willful misconduct of the landlord or managing agent. The bill also mandates a landlord to require a tenant to temporarily vacate the dwelling unit in order for the landlord to perform mold remediation in accordance with professional standards if it has been determined by a physician or other qualified medical professional and certified by a written medical statement that the mold condition in the dwelling unit materially affects the health or safety of the tenant or any authorized occupant.

School division accessibility challenges and barriers; reports, summary, and plan. Requires each school board or division superintendent to review and report to the Department of Education no later than August 1, 2026, certain challenges and barriers relating to the accessibility of public elementary and secondary school buildings and grounds in the local school division. The bill requires the Department to consolidate all such reports into a summary document and submit (i) such document, (ii) a plan for achieving full compliance with the federal Americans with Disabilities Act of 1990 across all school divisions in the Commonwealth, and (iii) any legislative and budgetary recommendations for fully executing such plan to the Chairs of the Senate Committee on Education and Health, the Senate Committee on Finance and Appropriations, the House Committee on Appropriations, and the House Committee on Education no later than November 1, 2026.

Earned income tax credit. Removes the sunset from and makes permanent the increase in Virginia's refundable earned income tax credit from 15 percent to 20 percent of the allowable federal earned income tax credit. Under current law, the Virginia refundable earned income tax credit expires in taxable year 2027, and Virginia's nonrefundable earned income tax credit, which has no expiration date, is equal to 20 percent of the federal credit.

Public schools; right to free public elementary and secondary education; discrimination based on immigration status prohibited; requirements; 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 prohibits any school board or public elementary or secondary school 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 also requires each public elementary and secondary school to develop and implement procedures for reviewing and authorizing requests from law enforcement agents to enter a public school or public school facility. The bill establishes a civil cause of action for any party aggrieved by conduct that violates the provisions of the bill, in accordance with the provisions of the bill. Finally, the bill directs (i) the Department of Education to develop and make available to each school board by August 1, 2026, guidance for school personnel on the requirements of the bill and training guidelines and materials for the training of all public school principals and administrators on compliance with the provisions of the bill, and (ii) each school board to (a) develop and implement by August 1, 2026, policies and procedures in accordance with the provisions of the bill and (b) require each public school principal and administrator to complete training on compliance with the provisions of the bill by the beginning of the 2026–2027 school year. This bill was incorporated into HB 836.

Constitutional amendment (voter referendum); fundamental right to reproductive freedom. Provides for a referendum at the November 3, 2026, election to approve or reject an amendment to the Constitution of Virginia relating to the right to make one's own decisions related to reproductive health care, including access to abortion. The amendment protects patients and their doctors and nurses from being punished for making such decisions. The amendment allows the state to place restrictions on access to abortion during the third trimester of pregnancy except when the patient's life or physical or mental health is at risk or the pregnancy cannot survive. This bill is identical to SB 449.

Constitutional amendment (voter referendum); qualifications of voters; right to vote; persons not entitled to vote. Provides for a referendum at the November 3, 2026, general election to approve or reject an amendment that would provide for the fundamental right to vote in the Commonwealth, revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and update the existing prohibition on voting by persons found to be mentally incompetent to instead apply to persons who have been found to lack the capacity to understand the act of voting. This bill is identical to SB 6.

School breakfast; availability at no cost to students. Requires each school board to require each public elementary and secondary school in the local school division to participate in the federal National School Lunch Program and the federal School Breakfast Program administered by the U.S. Department of Agriculture and to make breakfast available to any student who requests such a meal at no cost to the student, unless the student's parent has provided written permission to the school board to withhold such a meal from the student. The bill clarifies that the provision of a breakfast by a school to a student at no cost to the student shall not be construed as creating a disincentive for the school or local school division to participate in the federal Community Eligibility Provision program. Additionally, the bill provides that schools shall maximize the number of students who participate in the school breakfast program by implementing one or more suggested service models to increase access to such program. The bill requires the Department of Education to reimburse each public elementary and secondary school for each eligible school breakfast served to a student, with a maximum of one reimbursable breakfast per student per school day, and provides the formula for determining the state reimbursement rate for such meals. Finally, the bill repeals a provision of law relating to the federal School Breakfast Program that is rendered obsolete by the provisions of the bill. This bill is a recommendation of the Virginia Commission to End Hunger.

Protected areas; certain federal immigration enforcement prohibited; penalty. Prohibits any employee or agent acting on behalf of a protected area from knowingly permitting any person to enter a nonpublic area of such protected area for the purpose of federal immigration enforcement. The bill defines protected area as any place or facility that is owned or operated by the Commonwealth or any political subdivision thereof and is (i) a hospital or other facility providing health care services; (ii) a school, including a preschool, primary school, or secondary school, vocational or trade school, or public institution of higher education; (iii) an office of an attorney for the Commonwealth; or (iv) any other place or facility designated by the Attorney General. The bill creates a Class 1 misdemeanor for any violation of such provision, subject to certain exceptions. The bill also makes the performance of certain acts for the purpose of identifying, arresting, or otherwise imposing a penalty upon a person for federal immigration enforcement punishable by a Class 1 misdemeanor.

An Act to amend and reenact Items 5 and 6 and Enactments 14, 15, and 16 of Chapter 725 of the Acts of Assembly of 2025, which appropriates the public revenues for two years ending, respectively, on June 30, 2025, and June 30, 2026, and to amend Chapter 725 of the Acts of Assembly of 2025, which appropriates the public revenues for two years ending, respectively, on June 30, 2025, and June 30, 2026, by adding an item numbered 78.10 and by adding enactments numbered 17, 18, 19, and 20 which appropriates the public revenues for two years ending, respectively, on June 30, 2025, and June 30, 2026; and to provide for the submission to the voters of proposed amendments to the Constitution of Virginia by amending Section 6 of Article II and by adding in the Schedule a section numbered 6; and to repeal § 30-13 of the Code of Virginia, relating to the general appropriation act; Department of Elections.

Public elementary and secondary schools and public institutions of higher education; certain federal immigration investigation and enforcement activities; certain notifications and prohibitions. Requires, no later than July 1, 2027, and subject to certain enumerated conditions and requirements, (i) the written school crisis, emergency management, and medical emergency response plan for each public elementary or secondary school to include (a) a requirement that whenever the division superintendent confirms that an individual is present on the property of a public elementary or secondary school in the school division to investigate compliance with, enforce, or assist in the investigation for compliance with or enforcement of any federal civil immigration law or any federal criminal immigration law that penalizes an individual's presence in, entry or reentry into, or employment in the United States, each school board employee at such school and the parents of each student enrolled in such school shall be notified of such presence and (b) a prohibition against any individual present on the property of a public elementary or secondary school in the school division to investigate compliance with, enforce, or assist in the investigation for compliance with or enforcement of any federal civil immigration law or any federal criminal immigration law that penalizes an individual's presence in, entry or reentry into, or employment in the United States from accessing any nonpublic area of such school property without a warrant signed by a judge or magistrate and (ii) each public institution of higher education to (a) notify all students, faculty, and staff whenever the institution confirms that an individual is present on campus to investigate compliance with, enforce, or assist in the investigation for compliance with or enforcement of any federal civil immigration law or any federal criminal immigration law that penalizes an individual's presence in, entry or reentry into, or employment in the United States and (b) prohibit any individual present on campus to investigate compliance with, enforce, or assist in the investigation for compliance with or enforcement of any federal civil immigration law or any federal criminal immigration law that penalizes an individual's presence in, entry or reentry into, or employment in the United States from accessing any nonpublic area of campus without a warrant signed by a judge or magistrate.