West Virginia State Board of Education Reinstates Vaccination Policy

The West Virginia State Board of Education has decided to reinstate its vaccination policy for schools after the state Supreme Court intervened. This came about when the Supreme Court overruled a lower court’s decision that permitted parents to refuse vaccines for their children based on religious beliefs.

On Tuesday, the state Supreme Court issued an injunction following a recent ruling by Raleigh County Circuit Court Judge Michael Froble. This ruling had allowed children with religious exemptions to attend school and engage in extracurricular activities. However, Judge Froble’s decision has been put on hold while the appeals process unfolds.

In a statement, the commission noted, “We are reinstating the directive to county boards of education not to accept religious exemptions to mandatory immunization laws. This will remain in effect until the Supreme Court provides further direction.”

Interestingly, the discussion around religious exemptions became more heated when Governor Patrick Morrissey enacted an executive order endorsing such exemptions earlier in the year. Before this order, West Virginia had only allowed medical exemptions for school vaccinations.

In June, the board chose to ignore the governor’s executive order, insisting that schools stick to established laws regarding vaccinations. This conflict arose after a pair of groups challenged Morrissey’s authority, suggesting that any changes to vaccination policy should rest solely with the Legislature—not the governor.

A bill proposing religious exemptions was approved by the state Senate earlier this year but ultimately failed in the House of Delegates. Judge Froble stated that the lack of legislative approval for the bill does not negate the existing law established in 2023. He emphasized that legislative intent is not an absolute factor in interpreting laws.

In an ongoing case, a group of parents initiated legal action against the state and local education boards after receiving religious exemptions from the vaccine mandate. One parent reported that after enrolling their child in school with the exemption, the local superintendent later rescinded it via email.

Froble has categorized the litigation as a class-action suit, which now includes about 570 families who have obtained similar exemptions in other areas of the state. He pointed out that these exemptions only represent a minor fraction of the student population and shouldn’t drastically impact vaccination rates or health risks.

As it stands, West Virginia law mandates vaccinations for several diseases, including chickenpox, hepatitis B, measles, meningitis, and more, for children attending school.