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---
type: "Bill"
title: "Artificial intelligence; use of systems for student instruction."
description: "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."
jurisdiction: "us/states/va"
legislature: "Virginia General Assembly"
session: "2026"
identifier: "SB 394"
citation: "Virginia SB 394 (2026)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: ["Stella G. Pekarsky"]
version_count: 6
action_count: 48
vote_count: 12
first_action: "2026-01-13"
last_action: "2026-04-13"
source: "openstates"
source_identifier: "ocd-bill/0cb3d96d-d1bc-4f3a-922c-4ef02022340a"
source_url: "https://lis.virginia.gov/bill-details/20261/SB394"
source_hash: "ea2eefbd9963bc6c0c9de75d82b50f25ca99fef99c29f3d84cd3b4137cb8810a"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-va"]
---
# Virginia SB 394 (2026) — Artificial intelligence; use of systems for student instruction.
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.
## Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
1. **Introduced** (filed) — [source](https://lis.blob.core.windows.net/files/1089895.PDF)
2. **Conference Report** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1209164.HTML)
3. **Conference Report Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1209160.PDF)
4. **Education Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1192120.PDF)
5. **K-12 Subcommittee Subcommittee Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1190144.PDF)
6. **Enrolled** (enrolled) — [source](https://lis.blob.core.windows.net/files/1213754.PDF)
## Votes
- Subcommittee recommends reporting with substitute — **91** (pass) · lower
- H VOTE: — **950** (pass) · lower
- Adopt Conference Committee Report R — **372** (pass) · upper
- H VOTE: — **961** (pass) · lower
- Accede Conference Committee R — **400** (pass) · upper
- Constitutional reading dispensed R — **350** (pass) · upper
- Passage R — **381** (pass) · upper
- Reported from Finance and Appropriations — **150** (pass) · upper
- Reported from Education and Health — **150** (pass) · upper
- Reported from Education with substitute — **201** (pass) · lower
- Constitutional reading dispensed (on 3rd reading) — **390** (pass) · upper
- Concur House Substitute R — **040** (fail) · upper
## Sponsors
- Stella G. Pekarsky — primary (person)
## Timeline
The legislative action history — every referral, reading, and vote.
- **2026-01-13** Prefiled and ordered printed; Offered 01-14-2026 26105454D `filing, introduction`
- **2026-01-13** Referred to Committee on Education and Health `referral-committee`
- **2026-02-02** Fiscal Impact Statement from Department of Planning and Budget (SB394)
- **2026-02-05** Assigned Education sub: Public Education `referral-committee`
- **2026-02-12** Reported from Education and Health and rereferred to Finance and Appropriations (15-Y 0-N) `committee-passage`
- **2026-02-12** Reported from Finance and Appropriations (15-Y 0-N) `committee-passage`
- **2026-02-13** Rules suspended
- **2026-02-13** Constitutional reading dispensed (on 1st reading) (35-Y 0-N 0-A)
- **2026-02-13** Passed by for the day
- **2026-02-16** Read second time `reading-2`
- **2026-02-16** Engrossed by Senate Block Vote (Voice Vote)
- **2026-02-16** Rules suspended
- **2026-02-16** Constitutional reading dispensed Block Vote (on 3rd reading) (39-Y 0-N 0-A)
- **2026-02-16** Read third time and passed Senate (38-Y 1-N 0-A) `passage, reading-3`
- **2026-02-19** Placed on Calendar
- **2026-02-19** Read first time `reading-1`
- **2026-02-19** Referred to Committee on Communications, Technology and Innovation `referral-committee`
- **2026-02-23** Referred from Communications, Technology and Innovation and referred to Education (Voice Vote) `referral-committee`
- **2026-02-26** Assigned HED sub: K-12 Subcommittee `referral-committee`
- **2026-03-03** Subcommittee recommends reporting with substitute (9-Y 1-N) `substitution`
- **2026-03-03** House subcommittee offered
- **2026-03-04** Reported from Education with substitute (20-Y 1-N) `committee-passage`
- **2026-03-04** Committee substitute printed 26108797D-H1 `substitution`
- **2026-03-05** Fiscal Impact Statement from Department of Planning and Budget (SB394)
- **2026-03-06** Read second time `reading-2`
- **2026-03-09** Read third time `reading-3`
- **2026-03-09** committee substitute agreed to `substitution`
- **2026-03-09** Engrossed by House - committee substitute `substitution`
- **2026-03-09** Passed House with substitute (96-Y 1-N 0-A) `passage`
- **2026-03-10** House substitute rejected by Senate (0-Y 40-N 0-A)
- **2026-03-11** House insisted on substitute `substitution`
- **2026-03-11** House requested conference committee `referral-committee`
- **2026-03-12** Senate acceded to request Block Vote (40-Y 0-N 0-A)
- **2026-03-12** Conferees appointed by Senate
- **2026-03-12** Senate Conferees: Pekarsky, Favola, Head
- **2026-03-12** Conferees appointed by House
- **2026-03-12** House Conferees: Rasoul, Maldonado, Cherry
- **2026-03-12** Conference Report released
- **2026-03-13** Conference report agreed to by Senate (37-Y 2-N 0-A) `committee-passage-favorable`
- **2026-03-13** Conference report agreed to by House (95-Y 0-N 0-A) `committee-passage-favorable`
- **2026-03-30** Enrolled `enrolled`
- **2026-03-30** Bill text as passed Senate and House (SB394ER) `passage`
- **2026-03-30** Signed by President `passage`
- **2026-03-31** Fiscal Impact Statement from Department of Planning and Budget (SB394)
- **2026-03-31** Signed by Speaker `passage`
- **2026-03-31** Enrolled Bill communicated to Governor on March 31, 2026 `enrolled, executive-receipt`
- **2026-03-31** Governor's Action Deadline 11:59 p.m., April 13, 2026 `executive-receipt`
- **2026-04-13** Approved by Governor-Chapter 943 (effective 7/1/2026) `executive-signature`
## Source
OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/0cb3d96d-d1bc-4f3a-922c-4ef02022340a`. Confidence: reported (aggregated from official Virginia legislature records).