CHARLESTON, W.Va. –– The Kanawha County Board of Education wants to move forward with legal help in determining what to do if a student enrolls in a Kanawha County School without the mandatory vaccinations.
The state law currently does not allow for religious exemptions to the vaccine mandate and lawmakers recently rejected a proposed bill that would’ve changed state code. However, Governor Patrick Morrisey has made it clear that the state will follow his executive order he signed in January which does allow for religious exemptions.
During a Thursday meeting, Kanawha County BOE members started conversation about the confusion, and referenced the Ohio County BOE’s recent decision to seek legal counsel on what to do moving forward.
Kanawha County Schools Superintendent Tom Williams made the suggestion to follow suit.
“I know the Ohio County Board of Education has asked for an outside legal opinion, and I think it would be a good idea to ask for an outside legal opinion,” Williams said during a meeting Thursday.
Williams says that Morrisey’s executive order should not trump the law.
“The law is very clear. There are no religious exemptions for vaccinations. The legislature did not change that law,” Williams said. “I am not an attorney, but I don’t know how an executive order can change a law. I thought we had three forms of government — the legislative, the courts, and the executive — and I don’t know how the executive branch can issue a statement saying something that’s completely against what the legislative branch has already placed into law many, many years ago.”
State School Superintendent Michelle Blatt issued a memo to county school systems earlier in the month that directs them to follow state law, which was not changed during the recent legislative session.
Blatt later sent out a second memo saying, “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.”
On Wednesday, the state board of education had its monthly meeting. Board member Nancy White stated that they would back Blatt’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.”
No immediate decision was made and the board made it known that they would revisit the matter during its next scheduled meeting in June.
Williams says that a county school system electing to seek guidance does nothing put provide board members with more information.
“An outside legal opinion does not obligate us to anything or obligate this board to anything, it would just give you all more knowledge, and frankly, is it okay for the executive to overturn what the legislature has said?” Williams said.
Board member Kate White, who joined the meeting via Zoom, said she wants as much information as possible before proceeding.
“I think as much information and knowledge as possible, for me as a board member to know how we should move forward, is something that I would want. I think it’s our due-diligence and our duty to do so,” White said.