Virginia AI Law

Browse Virginia law and bill articles, dated legislative records, and the historical tracker below. A date in an entry identifies the recorded event or source check; it does not imply that every measure has been rechecked today.

Statutory school internet-safety instruction

Under Code of Virginia § 22.1-70.2, as amended by 2026 Chapter 48, each local school board must review, amend if necessary, and approve its division’s acceptable internet-use policy every two years. The policy’s instructional internet-safety component must address online scams, misinformation and AI-generated content. Divisions must post their policies online and certify compliance annually to the Department of Education. The Superintendent of Public Instruction must issue instructional guidelines covering the specified topics.

The section separately addresses filtering by qualifying private schools that receive federal internet-access funds. It does not establish a general ban on educational AI tools. See government use and procurement.

Statutory guidance for instructional AI

Code of Virginia § 22.1-20.2:1 requires the Department of Education, in consultation with school divisions and other stakeholders, to compile information on instructional AI use and publish guidance for safe, ethical and equitable use in public elementary and secondary schools. Each school board must establish, implement and enforce policies consistent with that guidance.

The guidance must address student privacy and data agreements, teacher training, transparency, bias, accessibility, and protocols prohibiting sole reliance on AI for certain high-stakes decisions defined by the Department. The guidance must include suggestions for functional guardrails that prioritize division-managed platforms. Approved instructional use must provide teachers with student-interaction transcripts and enable teacher and administrator monitoring through dashboards, alerts and audit logs.

Subsection D, which expires July 1, 2030, establishes an AIS Innovation in Education Pilot Program subject to appropriated funds. It prioritizes diverse, high-poverty, rural and under-resourced divisions, requires professional development and evaluation plans, and directs annual reports to legislative education committees by December 1. The statutory provision does not establish that funds have been appropriated, participants selected or guidance already issued.

Independent AI verification study and report

Virginia’s 2026 Chapter 425 (HB 797) directs the Joint Commission on Technology and Science (JCOTS) to evaluate independent organizations assessing AI systems against harm-prevention standards. The study must consider risks, measurable metrics, mitigation standards, evaluation methods, other states’ practices and fiscal effects. If JCOTS recommends a framework, it must further evaluate licensing and an agency to administer it. Recommendations and findings were due to four legislative committee chairs no later than November 1, 2026.

The General Assembly’s reports catalog now lists RD734, Independent Verification Organizations (IVO) and AI Oversight in Virginia – November 2026. Prepared for JCOTS by Virginia State University’s Center for Responsible AI, it supports careful design and testing for higher-risk uses before broader requirements. It compares waiting, a limited public-sector pilot and a risk-based hybrid approach. The catalog establishes publication; it does not give an exact release day or establish when committee chairs received it.

The study draws on 21 participants and sources, including 17 survey respondents. Its small, nonrepresentative sample records stakeholder expectations, not demonstrated verification performance. It identifies evaluator independence, evidence access, operational testing, reassessment after changes, consequences of adverse findings, proportionate costs and interstate compatibility as design questions. Costs and implementation timelines were not measured. These are report recommendations; the study duty and report do not themselves establish an operating licensing system. See organizational governance.

Regulations and executive actions

• Executive Order 22 — AI task force and data-centre accountability — signed September 18, 2026; creates a task force and planning unit and directs transparency, environmental and energy measures.

Executive Directive 6: AI cyber preparedness

Executive Directive 6, signed and effective October 23, 2026, directs the public safety secretary to establish a Cyber Consortium under Virginia’s Unified Readiness Framework and adopt cyberattack prevention, response and infrastructure-hardening plans. Executive agencies must cooperate on request. It addresses existing AI threats and prospective recursive self-improvement risks; issuance does not establish that the plans are complete.

The AI Task Force must seek participation from developers, researchers and public authorities, request relevant confidential reports shared with other governments, and ensure an independent privacy and security review team. The secretary must endeavor to hold at least quarterly risk briefings, including an annual tabletop exercise. Other states are invited to participate subject to confidentiality conditions. Requests for developer cooperation should be distinguished from a new generally applicable mandatory company-reporting law. See October 24 news coverage.

Historical tracker

May 1, 2026 tracker snapshot

These entries retain the historical NCSL snapshot used by the former state directory. Status labels, including “pending,” “enacted,” “failed,” and “vetoed,” describe that snapshot, not a current-status assessment. This is not a complete inventory of enacted law.

NCSL’s May 1, 2026 snapshot lists 29 AI-related 2026 measures for Virginia.

Enactments and resolutions recorded in the snapshot

• VA HJR 32 — Artificial Intelligence Use Policies; adopted; Relates to a study, relates to the Joint Legislative Audit and Review Commission, relates to artificial intelligence use policies at institutions of hig.... Topics: Education Use, Studies.
• VA H 171 — School Internet Safety; enacted; Provides that every two years, each local school board shall review, amend if necessary, and approve the school division's acceptable use policy for the.... Topics: Deepfake, Education Use, Education/Training.
• VA S 384 — Information Technologies Agency; enacted; Directs the Joint Commission on Technology and Science to evaluate the feasibility and impact of developing a framework for any person or entity seeking.... Topics: Government Use, Responsible Use.
• VA S 394 — AI Safety Innovation in Education Pilot Program; enacted; Relates to Board of Education, relates to artificial intelligence use in instructional settings, relates to development of AI safety guidance required,.... Topics: Education Use.
• VA H 580 — Artificial Intelligence Fraud and Abuse; enacted; Creates in the Department of Law a Division of Consumer Counsel that shall represent the interests of the people as consumers, provides that the divisio.... Topics: Criminal Use, Studies.
• VA H 797 — State Information Technologies Agency; enacted; Directs the Joint Commission on Technology and Science to evaluate the feasibility and impact of developing a framework for any person or entity seeking.... Topics: Government Use.
• VA H 1186 — School Board Policies; enacted; Relates to Department of Education, relates to artificial intelligence use in instructional settings, relates to development of AIS safety guidance requ.... Topics: Education Use.

Other measures recorded in the snapshot

• VA H 1252 — State Residential Landlord and Tenant Act; pending; Relates to Virginia Residential Landlord and Tenant Act, relates to algorithmic pricing device use by certain landlords, relates to civil penalties, req.... Topics: Housing, Private Sector Use.
• VA H 1257 — Law Enforcement Agencies; pending; Relates to law-enforcement agencies, relates to use of certain technologies and interrogation practices, relates to forensic laboratory accreditation, d.... Topics: Government Use, Studies.
• VA H 1261 — Law Enforcement Agencies; pending; Relates to law-enforcement agencies, relates to use of certain technologies and interrogation practices, relates to forensic laboratory accreditation, d.... Topics: Government Use, Studies.
• VA H 1294 — Artificial Intelligence Based Tools; pending; Relates to use of artificial intelligence-based tools, relates to covered artificial intelligence, relates to disclosure of use, requires the use of cov.... Topics: Government Use, Notification.
• VA H 1295 — Law Enforcement; pending; Relates to law enforcement, requires all law-enforcement agencies, defined in the bill as any state or local law-enforcement agency or sheriff's departm.... Topics: Government Use.
• VA H 1521 — Digital Innovation and Infrastructure; pending; Relates to digital innovation and infrastructure, relates to establishing rights in digital property and technology resources, relates to requiring risk.... Topics: Government Use, Private Sector Use.
• VA H 635 — Artificial Intelligence Chatbots Act; pending; Relates to artificial Intelligence Chatbots Act established, relates to prohibited practices, relates to penalties, creates the Artificial Intelligence.... Topics: Notification, Private Sector Use.
• VA S 269 — Artificial Intelligence Mental Health Use; pending; Relates to use of artificial intelligence system by mental health service providers, relates to civil penalty, permits the use of an artificial intellig.... Topics: Health Use, Notification.
• VA S 365 — Artificial Intelligence Act; pending; Relates to fostering Access, Innovation, and Responsibility in Artificial Intelligence Act established, establishes the Fostering Access, Innovation, an.... Topics: Notification, Private Sector Use, Responsible Use.
• VA S 586 — Health Carriers; pending; Relates to health carriers, relates to use of artificial intelligence, relates to disclosures, relates to right to expedited external review, relates to.... Topics: Health Use, Notification, Oversight/Governance, Private Sector Use.
• VA S 796 — Artificial Intelligence Companion Chatbots and Minors; pending; Relates to Artificial Intelligence Companion Chatbots and Minors Act established, relates to enforcement, relates to civil penalties, relates to individ.... Topics: Health Use, Notification, Private Sector Use, Private Right of Action.
• VA H 1170 — Covered Artificial Intelligence Systems; failed; Relates to Department of Criminal Justice Services, relates to law-enforcement agencies and sheriff's departments, relates to policy on use of covered a.... Topics: Government Use, Studies.
• VA H 1250 — Technology Governance and Coordination Program; failed; Relates to Department of Law, relates to Technology Governance and Coordination Program, relates to report, directs the Office of the Attorney General t.... Topics: Impact Assessment, Studies.
• VA H 1514 — Employment Decisions; failed; Relates to employment decisions, relates to automated decision systems, relates to civil penalty, provides that the Director of the Department of Human.... Topics: Effect on Labor/Employment, Notification, Private Sector Use.
• VA H 310 — Artificial Intelligence Workforce Impact Act; failed; Relates to Artificial Intelligence Workforce Impact Act, relates to report, establishes reporting requirements for each state agency relating to the imp.... Topics: Government Use, Effect on Labor/Employment, Studies.
• VA H 668 — Artificial Intelligence System; failed; Relates to use of artificial intelligence system by mental health service providers, relates to civil penalty, permits the use of an artificial intellig.... Topics: Health Use, Notification.
• VA H 669 — Chatbot Impersonation of Licensed Professionals; failed; Relates to professions and occupations, relates to impersonation of certain licensed professionals by chatbot, relates to notice, relates to civil liabi.... Topics: Deepfake, Health Use.
• VA H 713 — Fostering Responsible Artificial Intelligence; failed; Relates to Fostering Access, Innovation, and Responsibility in Artificial Intelligence Act established, establishes the Fostering Access, Innovation, an.... Topics: Appropriations, Notification, Responsible Use.
• VA H 758 — Artificial Intelligence Chatbots and Minors Act; failed; Relates to Artificial Intelligence Chatbots and Minors Act established, relates to prohibited practices, relates to penalties, creates the Artificial In.... Topics: Deepfake, Health Use.
• VA H 999 — State Human Rights Act; failed; Relates to Virginia Human Rights Act, relates to equal credit opportunities, relates to Virginia Fair Housing Law, relates to nondiscrimination by autom.... Topics: Housing, Private Sector Use, Responsible Use.
• VA S 141 — Political Campaign Advertisements; failed; Relates to elections, relates to political campaign advertisements, relates to synthetic media, relates to penalty, prohibits electioneering communicati.... Topics: Deepfake, Elections.
• VA S 585 — State Fair Housing Law; failed; Relates to State Fair Housing Law, relates to State Residential Property Disclosure Act, relates to State Residential Landlord and Tenant Act, relates t.... Topics: Housing, Private Sector Use, Private Right of Action.