Virginia SB 394 (2026) — AI Use and Safety in Instructional Settings; DOE Guidance and Education Pilot Program
Virginia · Va. Code 22.1-20.2:1 (new); SB 394 (2026)
Virginia directed its Department of Education to study how AI is currently used in public-school instruction and publish guidance for safe, ethical, and equitable AI use in the classroom, addressing student data privacy, teacher training, transparency, and bias. Each local school board must adopt aligned policies. The law also creates an 'AIS Innovation in Education' pilot program, prioritizing high-poverty, rural, and under-resourced divisions, sunsetting July 1, 2030.
Technical detail
SB 394 (2026) creates Va. Code 22.1-20.2:1, requiring the Department of Education to compile information on instructional AI use and publish guidance, requiring each school board to adopt aligned policies, and establishing the AIS Innovation in Education Pilot Program (expiring July 1, 2030).
Who is protected: Public-school students and educators affected by AI use in instruction, with emphasis on under-resourced divisions.
Who must comply: The Virginia Department of Education and local school boards/divisions.
Key facts
| Jurisdiction | Virginia |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2026-07-01 |
| Enacted | 2026-04-13 |
| Citation | Va. Code 22.1-20.2:1 (new); SB 394 (2026) |
| Enforced by | Virginia Department of Education (guidance and oversight); local school boards (policy adoption). |
| Private right of action | No — agency enforcement only |
| Topics | education AI · government use of AI |
| Last verified | 2026-07-22 |
| Official source | Virginia LIS — SB 394 (2026): Artificial intelligence use and safety in instructional settings ↗ |
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Related education AI rules elsewhere
- Blanchester OH schools AI policy EDEC (Jun. 29, 2026) · In effect
- Portland Public Schools genAI pause (Jun. 23, 2026) · In effect
- CA AB 2148 no-AI school employees (2026) · Enacted (not yet in effect)
- SF5231 · Proposed / pending
- HF5125 · Proposed / pending
- ED AI in Education Report · In effect
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