Virginia legislation · 2026 Regular Session
Virginia SB394: An Act to amend the Code of Virginia by adding a section numbered 22.1-20.2:1, relating to Department of Education; artificial intelligence system use in instructional settings; development of AIS safety guidance required; AIS Innovation in Education Pilot Program established; report.
Status: Chaptered, April 13, 2026
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.
What the bill says
An Act to amend the Code of Virginia by adding a section numbered 22.1-20.2:1, relating to Department of Education; artificial intelligence system use in instructional settings; development of AIS safety guidance required; AIS Innovation in Education Pilot Program established; report. [S 394] Approved April 13, 2026 1. That the Code of Virginia is amended by adding a section numbered 22.1-20.2:1 as AIS Innovation in Education Pilot Program established; guidance. A. As used in this section: "AIS in instructional settings" means the use of artificial intelligence systems to support teaching, lea.
From the enrolled text, April 13, 2026:
An Act to amend the Code of Virginia by adding a section numbered 22.1-20.2:1, relating to Department of Education; artificial intelligence system use in instructional settings; development of AIS safety guidance required; AIS Innovation in Education Pilot Program established; report. [S 394] Approved April 13, 2026 1. That the Code of Virginia is amended by adding a section numbered 22.1-20.2:1 as AIS Innovation in Education Pilot Program established; guidance. A. As used in this section: "AIS in instructional settings" means the use of artificial intelligence systems to support teaching, learning, assessment, or school operations. "Artificial intelligence system" or "AIS" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" or "AIS" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers. "Division-managed AIS platform" means an AIS technology solution deployed within a division-managed environment that (i) aligns with the Standards of Learning and high-quality instructional materials; (ii) provides administrators visibility into platform usage; and (iii) prohibits the use of school or …