Schools
SB738
Chief Patron:
Stella Pekarsky
(D)
Current Status: Acts of Assembly Chapter
Summary as Introduced:
Directs each school board to develop and each public elementary and secondary school to implement age-appropriate and developmentally appropriate policies relating to the possession and use of cell phones by students on school property during regular school hours. The bill requires such policies to (i) restrict, to the fullest extent possible, student cell phone possession and use in the classroom during regular school hours; (ii) aim to reduce or prevent any distraction in or disruption to the learning environment, including bullying or harassment, that could be caused or facilitated by student cell phone possession and use on school property during regular school hours; (iii) ensure that implementation and enforcement of the policy is the responsibility of the administration, minimizes, to the extent possible, any conflict with the instructional responsibilities of teachers or any disruption to instructional time, and does not involve any school resource officer; (iv) include exceptions to such policies permitting any student, pursuant to an Individualized Education Plan or Section 504 Plan or if otherwise deemed appropriate by the school board, to possess and use a cell phone on school property, including in the classroom, during regular school hours to monitor or address a health concern; and (v) expressly prohibit any student from being suspended, expelled, or removed from class as a consequence of any violation of such policies. Finally, the bill clarifies that (a) no violation of any such student cell phone possession and use policy shall alone constitute (1) sufficient cause for a student's suspension or expulsion from attendance at school or (2) disruptive behavior authorizing a teacher to remove a student from class and (b) that any such violation that involves, coincides with, or results in an instance of disruptive behavior, as that term is defined in applicable law, shall be addressed in accordance with the regulations on codes of student conduct adopted by each school board pursuant to applicable law.
Drafting
Long before the session started, Senator Pekarsky worked with Virginia's Division of Legislative Services (DLS) to put this bill in proper legal form. During this phase, legislators describe their policy goals, and DLS provides nonpartisan legal and research support. This is called the "prefiling period," and typically begins in late fall and ends shortly before the session starts in January.
Sep. 18
Prefiling
Senator Pekarsky submitted this bill for pre-filing with the Virginia Division of Legislative Services (DLS) on Sept. 18, 2024.
It was given a title, assigned a unique number and became Senate Bill 738 (SB738) of the 2025 Regular Session.
At this point its text was entered into the official public record. This allows anyone interested in the bill, including citizens and interest groups, to review the proposed legislation in advance.
Official Description: "Public elementary & secondary schools; bell-to-bell student cell phone & smart device possession."
Assigned to Committee
SB738 was referred to a Senate committee:
Education & Health.
In the Senate, the Clerk of the Senate refers bills to a standing committee based on the subject matter of the bill and the jurisdiction of the committees. The Virginia Senate Rules provide guidelines for which topics go to which committees.
The Senate President (usually the Lieutenant Governor) and majority party leadership often play an informal role in these decisions.
In the U.S. Congress, committee jurisdictions — where bills should go — is more strictly defined, so leadership in Congress has more power to decide where bills should be assigned. Another difference is that bills in the GA are generally assigned to a single committee in each chamber, where in Congress bills are frequently referred to multiple committees in the House and sometimes in the Senate.
Jan. 16
Assigned to Subcommittee
SB738 was referred to a Senate subcommittee:
Public Education.
Subcommittees are smaller groups within a committee that review bills in detail and make recommendations to the full committee. In contrast to the federal government, subcommittees in Virginia's General Assembly are typically smaller, faster-moving, and more focused on specific issues. In Congress, subcommittees often conduct extensive hearings and may hold bills for long periods for debate or amendment.
Jan. 23
Reprinted
SB738 was "substitute printed," meaning that enough changes were made to the original bill that a new ("substitute") version was called for.
Approved by Committee
SB738 has "reported" from committee, where lawmakers have voted to send it on for consideration by the full body. It now goes to the floor of the full chamber for debate, possible further amendments, and votes.
The official record reads: "Reported from Education and Health with substitute (9-Y 6-N)"
Jan. 24
Rules Suspended
Legislators voted to temporarily set aside or bypass standard rules of procedure. This may be to allow a bill to be considered, or voted on without following the usual steps, such as waiting for the required number of days or readings.
Reading Skipped
The Senate voted to dispense with the
First
Reading.
The Virginia Constitution requires that bills need to be formally read three times in each chamber before they can be passed. To streamline the process, legislators can vote to dispense with the reading on one or more of the required days.
The official record reads: "Constitutional reading dispensed (on 1st reading) (37-Y 0-N)"
Passed by for the Day
SB738 was temporarily set aside in the Senate. Legislators may need more time to review the bill or gather information, there may be ongoing discussions or negotiations, or there may not have been enough time to work on all the bills on the day's agenda.
Jan. 27
Impact Statement
A fiscal impact statement reports on the bill's potential financial effects: costs or savings to the state budget or local governments (e.g., hiring new staff, implementing programs).
Legislators requested a fiscal impact statement from the Department of Planning and Budget.
Impact statements provide legislators with factual, nonpartisan data, helping them weigh the benefits and drawbacks of a bill.
Second Reading
An official reading of the bill in the Senate as required by the Virginia Constitution.
The Second Reading allows discussion and potential modification of the bill before a final vote; this is when debate and amendments typically happen.
Reading Skipped
The Senate has chosen not to formally read aloud the full text of the new ("substitute") version of the text of the bill before debate or voting.
The official record reads: "Reading of substitute waived"
New Version Approved
Legislators voted to approve the new ("substitute") version of the text of the bill.
The official record reads: "Education and Health Substitute agreed to"
Finalized for a Vote
The Virginia Senate has completed its work on SB738, including any debate and voting. The bill is now "engrossed" and prepared in its official format, with any amendments or changes made in the Senate.
The version of the bill that was engrossed is the "committee substitute," the version created and adopted by the committee that reviewed the bill.
The official record reads: "Engrossed by Senate - committee substitute"
Jan. 28
Won Vote in the Senate
SB738 got a floor vote in the Senate: lawmakers of the full chamber weighed in on whether or not it should proceed.
SB738 won that vote and will now proceed
to "conference," where the House and Senate work together to reconcile any differences in the version of the bills they passed.
If the vote had been a tie and Lieutenant Governor Winsome-Sears were present, she would have been able to cast the deciding vote. The Lieutenant Governor is the President of the Senate and acts as a tiebreaker the same way a vice president does in the U.S. Senate. If the Lieutenant Governor is not present for a tie vote, the motion fails, the same way it does in the House.
The official record reads: "Read third time and passed Senate (21-Y 18-N)"
Feb. 3
First Reading
An official reading of the bill in the House as required by the Virginia Constitution.
In the First Reading, the bill is read by title only, with no debate or votes.
Placed on Calendar
SB738 has been scheduled for consideration by the full chamber (the House of Delegates) on a specific legislative day. This happens when a bill passes out of committee or is being reconsidered. If a bill is on the calendar, it is active and awaiting action.
Assigned to Committee
SB738 was referred to a House committee:
Education.
In the House of Delegates, the Speaker of the House (Don Scott) assigns bills to committees based on the subject matter of the bill and the jurisdiction of the committees. The House Rules provide guidelines for which topics go to which committees (Download House Rules). The Speaker has considerable decision-making power in determining which committee is most appropriate.
In the U.S. Congress, committee jurisdictions — where bills should go — is more strictly defined, so leadership in Congress has more power to decide where bills should be assigned. Another difference is that bills in the GA are generally assigned to a single committee in each chamber, where in Congress bills are frequently referred to multiple committees in the House and sometimes in the Senate.
Feb. 5
Reprinted
SB738 was "substitute printed," meaning that enough changes were made to the original bill that a new ("substitute") version was called for.
Approved by Committee
SB738 has "reported" from committee, where lawmakers have voted to send it on for consideration by the full body. It now goes to the floor of the full chamber for debate, possible further amendments, and votes.
The official record reads: "Reported from Education with substitute (14-Y 6-N)"
Feb. 6
Impact Statement
A fiscal impact statement reports on the bill's potential financial effects: costs or savings to the state budget or local governments (e.g., hiring new staff, implementing programs).
Legislators requested a fiscal impact statement from the Department of Planning and Budget.
Impact statements provide legislators with factual, nonpartisan data, helping them weigh the benefits and drawbacks of a bill.
Feb. 7
Second Reading
An official reading of the bill in the House as required by the Virginia Constitution.
The Second Reading allows discussion and potential modification of the bill before a final vote; this is when debate and amendments typically happen.
Feb. 10
Third Reading
An official reading of the bill in the House as required by the Virginia Constitution.
In the Third Reading, the bill is read a third and final time.
No further amendments can be made on the floor.
A recorded final vote is taken to decide whether the bill will move forward.
New Version Approved
Legislators voted to approve the new ("substitute") version of the text of the bill.
The official record reads: "Education Substitute agreed to "
Finalized for a Vote
The Virginia Senate has completed its work on SB738, including any debate and voting. The bill is now "engrossed" and prepared in its official format, with any amendments or changes made in the Senate.
The version of the bill that was engrossed is the "committee substitute," the version created and adopted by the committee that reviewed the bill.
The official record reads: "Engrossed by House - committee substitute"
Won Vote in the House
SB738 got a floor vote in the House: lawmakers of the full chamber weighed in on whether or not it should proceed.
SB738 won that vote and will now proceed
to "conference," where the House and Senate work together to reconcile any differences in the version of the bills they passed.
If the vote had been a tie, the motion would have failed. Unlike the Senate, the House has no tiebreaking procedure.
The official record reads: "Passed House with substitute (67-Y 28-N)"
Feb. 12
New Version Rejected
Legislators voted to reject the new ("substitute") version of the text of the bill.
The official record reads: "House substitute rejected by Senate (0-Y 37-N)"
Feb. 13
"Insist and Request" by House
The bill has passed both chambers but in different forms. Those differences need to be resolved for the bill to move forward.
An "Insist and Request" is a
procedural motion
used when one chamber refuses to accept changes made by the other chamber. In this case the House is not willing to accept changes made by the Senate.
Conference Committee Requested
The House has formally requested a conference committee to resolve the differences.
This allows further negotiation rather than forcing one chamber to accept the other's version. Each chamber appoints three members (conferees) to negotiate a compromise. The conferees meet privately to discuss the bill and agree on a final version, which will go back to both chambers for approval.
Feb. 17
Monday, February 17 was the last day for committee action on remaining bills.
Senate Agreed to Conference
The official record reads: "Senate acceded to request (39-Y 0-N)"
Conferees Appointed by Senate
The official record reads: "Conferees appointed by Senate"
Conferees Appointed by Senate
The official record reads: "Senators: Pekarsky, Hashmi, Pillion"
Feb. 18
Conferees Appointed by House
The official record reads: "Conferees appointed by House"
Conferees Appointed by House
The official record reads: "Delegates: Rasoul, Cousins, Green"
Feb. 20
Thursday, February 20 was the last day to act on remaining bills and appoint conferees.
New Version from Conference Committee
The conference committee made changes to the bill to resolve differences between the House and Senate versions.
Reprinted
SB738 was "substitute printed," meaning that enough changes were made to the original bill that a new ("substitute") version was called for.
Feb. 21
Won Vote in the House
The House voted to
adopt
the "conference report," the final compromise version that was negotiated.
The official record reads: "Conference report agreed to by House (73-Y 23-N)"
Won Vote in the Senate
The Senate voted to
adopt
the "conference report," the final compromise version that was negotiated.
The official record reads: "Conference report agreed to by Senate (21-Y 18-N)"
Mar. 7
Enrolled
SB738 was "enrolled": it has passed both chambers in its final form. Legislative staff will prepare a clean final copy of the bill, incorporating any amendments, and it will be signed by presiding officers (Speaker of the House, Senate President, or clerks) before being presented to the Governor Youngkin to sign. This is the same process at the federal level, where the U.S. Congress and Senate pass a bill in identical form and present it to the President.
Reprinted
SB738 was "substitute printed," meaning that enough changes were made to the original bill that a new ("substitute") version was called for.
Impact Statement
A fiscal impact statement reports on the bill's potential financial effects: costs or savings to the state budget or local governments (e.g., hiring new staff, implementing programs).
Legislators requested a fiscal impact statement from the Department of Planning and Budget.
Impact statements provide legislators with factual, nonpartisan data, helping them weigh the benefits and drawbacks of a bill.
Signed by Speaker
SB738 was certified by a presiding officer for the House:
the Speaker of the House, Don Scott.
Mar. 10
Signed by President
SB738 was certified by a presiding officer for the Senate:
Senate President Winsome Earle-Sears.
Mar. 11
Sent to Governor
The final form of SB738 was formally presented to the Governor for approval.
Deadline
The official record reads: "Governor's Action Deadline 11:59 p.m., March 24, 2025"
Mar. 24
New Version from Governor
Governor Youngkin has returned the bill to the General Assembly with suggested changes, rather than signing it as-is or vetoing it outright. These changes can be anything from minor fixes (e.g., typos, grammar) to major policy changes.
This process doesn't exist at the federal level, where the President doesn't have the power to suggest changes or partially approve a bill. Also, a Governor's recommendation is different from a "line-item veto," which allows Governors to reject specific parts of bills before signing. In Virginia, Governors can use line-item vetoes on budget bills. The President cannot, and must either sign or veto an entire bill, without recommendations or line-item vetoes.
The official record reads: "Governor's recommendation received by Senate"
Reprinted
SB738 was "substitute printed," meaning that enough changes were made to the original bill that a new ("substitute") version was called for.
Apr. 2
Senate Agreed to New Version
The Senate has accepted the Governor's changes to the bill.
The official record reads: "Senate concurred in Governor's recommendation (40-Y 0-N)"
House Agreed to New Version
The House has accepted the Governor's changes to the bill.
The official record reads: "House concurred in Governor's recommendation (91-Y 2-N)"
Governor's recommendation adopted
The Governor's changes to the bill have been accepted by the legislature, and the bill will become law with his recommendations included.
Reenrolled
The Rolls of the Commonwealth are the official, final records of laws passed by the Virginia General Assembly. A "Reenrolled" bill has had the Governor's changes incorporated and has been prepared in its final form. The Clerk of the House of Delegates is the Keeper of the Rolls of the Commonwealth.
Signed by President as reenrolled
SB738 was certified by a presiding officer for the Senate:
Senate President Winsome Earle-Sears.
Signed by Speaker as reenrolled
SB738 was certified by a presiding officer for the House:
the Speaker of the House, Don Scott.
Enacted
SB738 has succeeded and will become law! It is now part of the official legal record in Virginia: the Rolls of the Commonwealth.
It will go into effect on July 1 unless a different date has been spelled out in the bill.
"Codified" bills — general, permanent bills — are incorporated into the Code of Virginia by subject matter. "Uncodified" bills aren't given a Code section number. Budget bills (which aren't permanent) and local bills (which aren't general) are examples of uncodified bills.
SB738 is a codified bill and will be incorporated into the Code. Until then, it has a new name: Chapter 606 of the 2025 Acts of Assembly. This is how it will be referenced in official records and citations until its has a section number in the Code. The Acts of Assembly is Virginia's annual book of passed laws, and list all the bills enacted. If you want to look up a law by subject matter, you use the Code; if you want to look it up by when it passed, you use the Acts of Assembly. The federal equivalent of the Acts of Assembly is the Statutes at Large; the equivalent of the Code of Virginia is the United States Code (U.S.C.).
The official record reads: "Enacted, Chapter 606 (Effective 07/01/2025) "
Reprinted
SB738 was "substitute printed," meaning that enough changes were made to the original bill that a new ("substitute") version was called for.