The state Board of Education is assessing options for dealing with Gov. Patrick Morrisey’s policy to allow religious exemptions to vaccination requirements, with the governor directing public school officials to comply and asking private schools to do so.
Morrisey’s administration is standing behind an executive order issued during the governor’s first week in office. Morrisey described the basis as the “Equal Protection for Religion Act,” which went into law in 2023.
Morrisey had called for legislation this year specifically allowing West Virginia families to declare religious and philosophical exemptions to the state’s school vaccination requirements. However, on March 24, the House of Delegates voted 42-56 to kill a bill reflecting that policy.
So what remains in West Virginia code is a requirement that West Virginia students entering school for the first time show proof of immunization against diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella, and hepatitis B unless properly medically exempted.
Early this month, the state Department of Education provided and then rescinded its own guidance about how to handle school vaccinations and exemption requests, noting that state law had not changed.
Superintendent Michele Blatt originally issued a directive to county school boards to follow current law, with medical exemptions only.
Later she wrote, “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.”
Near the end of a state board meeting on Wednesday, President Nancy White said members would make no immediate decision about what to do — but would revisit the issue during an upcoming June meeting.
“The board supports the state superintendent’s attempt to follow compulsory vaccination law and direct her to continue to work with the governor and with our legislative liaison to find resolution to this issue, and we’ll reconsider this vaccination issue at our next meeting in June,” White said.
This week, the Ohio County school board agreed to seek the opinion of legal counsel about granting religious exemptions to required vaccinations for school children.
Other counties are also considering what to do.
“We are currently reviewing the executive order and its accompanying guidance to fully understand its implications for our students, families, and staff,” said Christopher Williams, communications director for Kanawha County Schools.
“As always, KCS will follow the guidance provided by the West Virginia Department of Education and the Governor’s Office. Our priority remains the health, safety, and well-being of all students and staff as we determine the appropriate steps moving forward.”
In Cabell County, “We are still evaluating the effects of the executive order. We will have an answer with a thorough analysis prior to the start of school,” said Ashley Stephens, communications director.
The state board meeting on Wednesday drew public comment on the vaccination issue from about a dozen speakers.
John Doyle, retired from Kanawha schools, was one of the speakers and asked the state board to stand strong.
“I congratulate the superintendent for initial resistance to Executive Order 725. No religious sect that I can find forbids members to vaccinate children, and West Virginia law allows a documented medical exemption,” he said.
“The law upholds the free exercise of religion unless that conflicts with a compelling government interest. Safe school attendance in a time of epidemic disease is a compelling government interest, and the disease outbreaks in other states confirm the wisdom of our current law, which is the least restrictive application of this government interest.”
Rick Staton, a former majority leader in the state House of Delegates, told the board that the executive order is unprecedented in its scope and unsupported by statute, rule or caselaw.
“My request is simple, enforce the law as it exists, no more, no less. If change is to come, then let it come through the proper legislative process,” Staton said.
“Specifically, I ask that you uphold the original guidance issued by the state Superintendent of Schools, guidance that is grounded in current law and precedent. When you do that, you honor your oath, you affirm the public’s trust, and I assure you the people West Virginia will stand behind you and defend your actions.”
Sarah Gottlieb, a nurse in Kanawha County schools, said she was relieved the House of Delegates vote essentially maintained the vaccine requirements in current law. “So I support our current legislation.”
Kim McAdoo, Putnam County mother, said many families are deeply concerned about loosening the state’s vaccination policies.
“As a mother, it’s incomprehensible to me that anyone would oppose measures to protect our babies from the most severe illnesses like measles and polio,” she said.
“I want to express my gratitude to the West Virginia Board of Education, the State Superintendent of Schools, and our county boards of education for their unwavering commitment to protecting our most vulnerable, our babies, our children, our communities and schools.”