School Dashboard
February 2026 | VOLUME 4 | NUMBER 2
“He has told you, O man, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God?”
– Micah 6:8
Welcome to the February edition of the ACCS Legal Update!
In this edition, I will provide a brief status update on HB 359, a bill posing a significant threat to private education in Virginia (as discussed in the January edition). And, on a related note, we will examine a recently proposed law in Maryland (HB 649) which seeks to impose intrusive government controls upon private schools receiving tax funds.
Update on Virginia HB 359
As reported in last month’s email, House Bill 359 was introduced to the Virginia House of Delegates by Del. Dan Helmer (D), on January 14th. HB 359 seeks to implement strict control over “any private elementary or secondary school located in the Commonwealth that enrolls one or more students whose tuition is paid, in whole or in part, by one of the following public tuition assistance vehicles, regardless of whether such school accepts tuition payments directly from a family or indirectly through an intermediary vehicle.”
• State standardized exams for all students (regardless of whether they are receiving public funds)
• Meeting “Eligibility and Compliance” standards
• Nondiscrimination standards for admission (with no ability to reject students based on “race, color, religion, national origin, sex, sexual orientation, gender identity or expression, disability, special education status, language proficiency, or socioeconomic status”
• And many more
The bill was sent to the Virginia House Appropriations Committee and, on February 11th, was “continued to 2027.” And while this does represent a temporary victory for private schools receiving state funds, the key word is temporary. The bill, or a similar substitute, could be introduced to the Virginia legislature next year.
Maryland HB 649
On January 30th, HB 649 (“Advancing Equal Educational Opportunities for All Students in Maryland”) was given its first reading before the House Government, Labor, and Elections Committee, and its first hearing is scheduled for Tuesday, February 24th.
HB 649 reads somewhat like a “toned-down” version of Virginia HB 359. While this Maryland bill does not require standardized testing or curriculum changes, it does prohibit any school–public or private–that receives public funds from discriminating based on “race, color, national origin, ethnicity, ancestry, religion, sex, pregnancy, sexual orientation, gender identity, disability, age, or marital status.”
Further, the bill empowers the Maryland Commission on Civil Rights to enforce the
nondiscrimination prohibition and creates a “private right of action, allowing individuals who believe they have experienced discrimination in education to file a civil lawsuit in court, in addition to or instead of pursuing a complaint through the Commission.”
HB 649 does pay lip service to religious schools by permitting them to discriminate on the basis of religion. However, religious schools are prohibited from discrimination on the other bases, including “sexual orientation” and “gender identity.” And, as seen in Zinski v. Liberty University, many are attempting to legally isolate sexual orientation and gender identity from religion, meaning religious schools have little or no legal protection under HB 649’s wording. Given the allowance for civil lawsuits created by this bill, religious schools could face severe legal and financial consequences for violating the law.
Things to Consider:
-
For the time being, Virginia’s HB 359 is not moving forward, and thanks be to God for that! Pray it remains that way in 2027.
-
School leaders in Maryland should contact their representative(s) and voice their concerns regarding HB 649. You can search for them here. Additionally, we should all be praying for the continual defeat of such legislation.
-
And, as has been mentioned in previous editions, school leaders need to remain diligent in keeping up with their state laws regarding any and all school choice initiatives. If your school participates in such programs, make sure you know what strings (if any) are being attached.
Grace & Peace,
Grace & Peace,
Brian Phillips, Ed.D.
Brian Phillips is the pastor of Holy Trinity Reformed Church (CREC – Concord, NC) and teaches History & Literature at Scholé Academy and Oaks Classical Christian Academy (Albemarle, NC). He served as the Director of Consulting for The Circe Institute, Head of Upper School at Covenant Classical School (Concord, NC), and was an adjunct faculty member of Belmont Abbey College.
Dr. Phillips has an M.A. in Theological Studies, an M.A. in Classical Studies, an Ed.D. in Classical Education, and completed paralegal training at Duke University. He is also the author/editor of several books, including Sunday Mornings: An Introduction to Biblical Worship, Tales of Wonder (Vol. I & II) and the Canon Classics Guides to Dante’s Inferno and the Meditations of Marcus Aurelius. Brian and his wife, Shannon, live in North Carolina with their four children and their German Shepherd, Ajax the Great.