Law / United States / 
Virginia
Artificial intelligence system use and safety in instructional settings: Department guidance, school board policies and the AIS Innovation in Education Pilot Program
Va. Code Ann. § 22.1-20.2:1 (2026 Acts, chs. 937 and 943)
In force since .
An AI sector rules rule binding government bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Governance, Reporting
- Audit expectation
- continuous
- Who audits it
- Self
What it requires
- If you are the Virginia Department of Education, in consultation with local school divisions and other relevant stakeholders, compile information on current uses of artificial intelligence systems for student instruction in public schools and post on your website guidance for the safe, ethical, and equitable use of an artificial intelligence system in instructional settings in public elementary and secondary schools (section 22.1-20.2:1(B)).
- Address in that guidance student data privacy and security, including compliance with the Family Educational Rights and Privacy Act and the Children's Online Privacy Protection Act, and data privacy agreements with the school division that prohibit using division-level or student data to train or improve any external artificial intelligence system model (section 22.1-20.2:1(B)(1)).
- Include in that guidance suggestions for functional guardrails that prioritize division-managed platforms operated within division-managed environments, and ensure that any approved use of an artificial intelligence system in instruction gives teachers access to transcripts of student interactions with it and lets teachers and administrators monitor use through dashboards, automated alerts, and audit logs (section 22.1-20.2:1(B)(2) and (3)).
- If you are a Virginia school board, establish, implement, and enforce policies consistent with the guidance the Department of Education develops (section 22.1-20.2:1(C)).
- With funds appropriated for the purpose, the Department of Education establishes and oversees the AIS Innovation in Education Pilot Program, requires each participating school division to include professional development for educators and to submit an evaluation plan, and submits an annual report on the Pilot Program by December 1 to the chairs of the House Committee on Education and the Senate Committee on Education and Health (section 22.1-20.2:1(D)).
These lines are LexLint's reading of the law's text.
What record it asks for
What the log must hold
Input reference, Output reference
Logging duty
The Department's guidance must ensure that any approved use of an artificial intelligence system in instruction gives teachers access to transcripts of student interactions and lets teachers and administrators monitor use through audit logs. The section names no retention period.
- Kind
- Explicit
- As of
- Provision
- Va. Code Ann. 22.1-20.2:1(B)(3)
- Trigger
- all_systems
What this law does
Chapter 937 of the 2026 Acts of Assembly, enacted as House Bill 1186, added section 22.1-20.2:1 to the Code of Virginia. Senate Bill 394, which is identical to House Bill 1186, was also approved by the Governor as Chapter 943 of the 2026 Acts of Assembly, effective . Chapter 937 took effect on .
The Department of Education, in consultation with local school divisions and other relevant stakeholders, must compile information on current uses of artificial intelligence systems for student instruction in public schools in the Commonwealth. The Department must post on its website guidance for the safe, ethical, and equitable use of an AIS in instructional settings in public elementary and secondary schools.
The guidance must address student data privacy and security, including compliance with the federal Family Educational Rights and Privacy Act and the Children's Online Privacy Protection Act. The guidance must address data privacy agreements with the applicable school division that prohibit the use of any division-level or student data for training or improving any external AIS models.
The guidance must include suggestions for functional guardrails that prioritize the use of division-managed AIS platforms operated within division-managed environments. The guidance must ensure that any approved use of an AIS in instruction provides teachers with access to transcripts of student interactions with an AIS and allows teachers and administrators to monitor use through dashboards, automated alerts, and audit logs.
Each school board must establish, implement, and enforce policies consistent with the guidance developed by the Department. With such funds as are appropriated for such purpose, the Department must establish and oversee the AIS Innovation in Education Pilot Program. The Department must require each school division selected for the Pilot Program to include professional development for educators on AIS literacy and responsible use and to develop and submit evaluation plans.
The Department must submit to the chairs of the House Committee on Education and the Senate Committee on Education and Health by December 1 of each year a report on the Pilot Program. The Pilot Program provisions of subsection D expire on .
When LexLint raises it
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