Editor’s Note: This commentary was under draft when the WV Department of Education issued a note from State Superintendent Michele Blatt to county superintendents rescinding an order published earlier in the day. The writing is reflective of receiving that message during drafting. The piece was originally published Friday evening.
Friday brought clarity from West Virginia State School Superintendent Michele Blatt regarding vaccine exemptions. In a concise, one-page memo, Blatt informed all county superintendents that state law leaves no ambiguity on vaccination requirements for school enrollment.
Blatt accurately noted that the legislature did not pass a law allowing religious exemptions during its recent session. She underscored that current West Virginia law clearly mandates vaccinations as a prerequisite for enrollment in public schools. Moreover, Blatt pointed out the conflict between Governor Morrisey’s January executive order permitting religious exemptions and established state law.
Her guidance is straightforward: aside from students currently holding an exemption under Morrisey’s order—which will remain valid only through the end of this school year—students must comply with vaccination requirements or face exclusion from state schools next year.
Blatt’s directive is entirely correct. Here’s why.
1. Compliance with Established Law: WV §16-3-4 explicitly states, “No child or person may be admitted or received in any of the schools of the state or a state-regulated child care center until he or she has been immunized…” With the exception of medical exemptions, the code is clear and authoritative. Blatt is dutifully enforcing established law, as should be expected of any responsible public official.
2.Limits of Executive Authority: Governor Morrisey’s executive order does not override state legislation. He is a governor, not a king. The Governor’s authority does not extend to nullifying established state statutes. Blatt acknowledges this explicitly, noting in her memo the continued intention of the Department of Human Services to issue non-enforcement letters under the executive order. She rightly affirms that state law remains unchanged and authoritative – the driver behind her guidance. While some may argue the Governor’s order possesses legitimacy through West Virginia’s Equal Protection for Religion Act, that assertion is without merit.
3. Public Health Responsibility: Immediate action on this issue is critical. West Virginia has maintained a high vaccination rate, protecting its population from outbreaks experienced in states with lower vaccination adherence. Timely clarification from Blatt reduces risk, preventing potential outbreaks of communicable diseases like measles, which have resurged elsewhere due to declining vaccination rates.
Governor Morrisey’s response to Blatt’s memo remains to be seen, particularly regarding his department’s issuance of exemptions. Blatt’s action demonstrates courage and responsible leadership, prioritizing the health and safety of West Virginia’s children…
*** WAIT, This Just In ***
An update from the Department of Education hits my iPhone.
“At the Governor’s request, I am rescinding the memo I sent earlier today regarding vaccine exemptions. We are working collaboratively with the Governor’s office to issue clear guidance to counties on how to comply with Executive Order 7-25. The Governor’s office has informed me that the West Virginia Department of Health will continue to review and grant religious exemptions to compulsory school vaccine requirements, and counties should honor those exemption requests that have been duly granted.”
And so, one public official’s move is overruled by another’s move.
You, the citizens of West Virginia, can decide who was right and who was wrong.
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