Legislative Report: 2026 General Assembly Outcome
At the conclusion of the 2025 General Assembly session, supporters of SB1031—legislation introduced by Senator Stella Pekarsky (Democrat, 36th District, Fairfax), that removed Virginia’s fundamental right to religious exemption and the privacy protections afforded to the homeschool community—signaled their intent to reintroduce the legislation during the 2026 General Assembly session.
Despite the stated intention, no such legislation was introduced. Nevertheless, the 2026 legislative session presented substantial challenges.
The Use of Public Funds
Expanded government regulation and oversight continue to threaten the educational freedom of families who choose home instruction, private schools, and other non-public models, as lawmakers advance efforts to direct public funds toward non-public school options.
Receiving national attention, HB359, introduced by Delegate Dan Helmer (Democrat, 10th District, Fairfax), subjected private schools to a comprehensive public school–style regulatory framework if they enrolled even one student receiving public funds.
Among myriad concerns, the bill would have required private schools to:
- abandon curriculum and religious freedom, including aligning with SOL standards, administering and funding SOL tests for all students, and providing opt-outs from religious instruction;
- face a stark choice—sacrifice their identity and independence or turn away more than 5,000 children who rely on public funding; and
- submit to extensive oversight, including audits, inspections, site visits, and fines, with loss of eligibility and admission freedom for noncompliance.
The funding source triggered this legislation—whether federal or state, paid directly or indirectly, including specified vouchers, scholarships, education savings accounts, and most other tax-favored funding mechanisms as defined in the bill.
On February 11, by voice vote, the House Appropriations Committee continued the bill to 2027, which means this legislation is set to return next year.
Relatedly, two companion bills, HB1204 and SB733, introduced by Delegate Phillip A. Scott (Republican, 63rd District) and Senator Glen H. Sturtevant Jr. (Republican, 12th District), respectively, would have allowed local governments the option to allocate a portion of state education funding to families who educate their children in nonpublic settings. SB732, also introduced by Senator Sturtevant, proposed a refundable tax credit exclusively for homeschool families residing in Planning District 15. Although these bills did not impose new regulations as HB359 did, they left open a framework for government regulation that we will be monitoring closely.
All three bills failed to advance.
Expanded Opportunity
HB551 and SB737, introduced by Delegate Jessica Anderson (Democrat, 71st District) and Senator J.D. “Danny” Diggs (Republican, 24th District), respectively, were bipartisan efforts to establish an accreditation pathway for nondegree workforce training programs for individuals—including homeschoolers aged 16 and older—to gain the skills needed for today’s workforce.
HB534, introduced by Delegate Karen Hamilton (Republican, 62nd District), proposed changing the home instruction law to allow evaluations from a person with a bachelor’s degree rather than a master’s degree.
While these bills could have expanded opportunities for homeschool families, none advanced, underscoring the continuing divide over educational freedom and opportunity for all Virginia students.
Looking Ahead
The 2026 Virginia General Assembly session concludes with a clear caution for our community: legislative efforts continue to expose a sharp partisan divide on issues of educational freedom, parental rights, and religious liberty, with children bearing the consequences.
Our community now begins the important fortifying work required to prepare for the 2027 legislative session. In the months ahead, we encourage families to:
- Visit Your Legislators. This is one of the most important and effective efforts our community can make. This year, make concerted efforts to meet at their office, introduce yourself at a community event, and invite them to speak at your local co-op. Download our “Meet Your Virginia Legislator” guide for printable tips
- Vote. Now more than ever, it is important to understand the issues and the positions of candidates at every level and ensure you have appropriate representation in Virginia’s legislature. Be sure to participate in the upcoming special election on April 21.
- Engage in Local Oversight: Legislative efforts often start at the local level. Beyond the important work of your HEAV School Board Monitoring Team, families should actively monitor their local governments for policies affecting education funding and related initiatives. Parents also retain the responsibility of ensuring that state law is properly followed in their school divisions. Contact HEAV with questions or if you suspect that your division’s practices are inconsistent with state law.
- Coming Soon: We are preparing to launch an opportunity for knowledgeable and dedicated volunteers to serve on HEAV’s legislative team as ambassadors in their legislative districts. Additional details will be available soon. Stay tuned!
The 2026 Virginia General Assembly session highlights the ongoing need to protect educational freedom, parental rights, and religious liberty. With your support, HEAV can remain on the frontlines of this critical work. Please give a gift of support for HEAV’s legislative team so it may continue to defend the right of families to educate their children in freedom.
We thank Home School Legal Defense Association (HSLDA) for collaborating with us to ensure the Virginia homeschool community remains free. Please consider joining HSLDA as we continue this work together.
Sincerely,
Callie Chaplow
Director of Government Affairs
Outcome of Additional Legislation of Interest to Homeschoolers
Passed and Waiting on the Governor’s Signature:
- HB333: The first of its kind in Virginia, this legislation mandates specific speech and instruction for exactly how public schools must present the events at the US Capitol on January 6, 2021.
- HB894 and SB341: Expand state authority over private elementary and secondary schools’ codes of conduct, requiring adoption of anti-bullying and cyberbullying policies and procedures.
- HB355: Directs a study and the development of best practices for annual mental health screenings for all public school students, including part-time students, in grades 6–12, and requires reporting on recommendations.
- HB1490 and SB640: Create a centralized intake system for reports or complaints of child abuse or neglect.
- SB699: Requires public bodies subject to FOIA to post the proposed agenda on the public body’s official government website, if any, prior to the meeting.
- HB1 and SB1: Allow the minimum wage to increase incrementally to $15.00 per hour by January 1, 2028.
- SJ59: Designates a National Day of Prayer.
Failed:
- SB50: Expanded the definition of lobbying to include influencing local government actions (including school boards) or soliciting others to do so, with penalties for knowingly falsifying lobbyist reports classified as a Class 5 felony.
- SB295: Required public and VHSL-member school athletic teams to be designated by biological sex or as coed, mandated physician verification for students, prohibited males from female teams, and created civil causes of action for violations.
- HB1146: Required all classrooms in public K–12 schools and institutions of higher education in Virginia to display the Ten Commandments according to specified size, translation, and context mandates.
- HB270: Granted veterans free entry and discounted services at state parks.
- HB417: Allowed children of certain active-duty military members and veterans to qualify for in-state tuition.
Continued to 2027 Session:
