The state Board of Education has indicated its intention to challenge a new law asserting ultimate say-so over education policies.
And the board is reviewing its options for dealing with Gov. Patrick Morrisey’s policy to allow religious exemptions to vaccination requirements.
State board President Nancy White made both positions clear during a regular monthly meeting on Wednesday.
West Virginia Schools Superintendent Michele Blatt discussed those issues Thursday on MetroNews Talkline.
Earlier this year, legislators passed and the governor signed a bill that would give the Legislature ultimate power to review regulations put forward by the state Board of Education.
The new law would require that all legislative rules enacted by the state board must first be authorized by the Legislative Oversight Commission on Education Accountability, which lawmakers call LOCEA. The proposed rules would then be submitted to the full Legislature for review.
Three years ago, West Virginians rejected a constitutional amendment that would have given the legislature authority to review and approve the state Board of Education’s rules and policies, leaving the board’s current constitutional authority intact.
The effort by legislators to take more control of state education policies not only runs up against the recent vote by the citizens, but it also runs in conflict with long-established precedent following state court reviews.
This issue was considered in 1988’s West Virginia Board of Education vs. Hechler, referring to then-Secretary of State Ken Hechler, whose office was being asked to file rules approved by the board.
The state Supreme Court, reviewing the situation, concluded that the Board of Education has “general supervision” of state schools under the Constitution and that any statutory provision that interferes with such rule-making is unconstitutional.
The current situation could follow a similar path through review by the state court system.
Blatt said on statewide radio that it’s important for the state board to maintain constitutional authority.
“One of the things that we know about effective schools research is, it takes three to five years to really turn around at school, and we’re trying to make gains across the entire state,” Blatt said.
“And I think that’s why it’s so important that the board maintains their constitutional authority, so that when we start to do initiatives, and things start to work and are progressing in the right way, that every time there’s an election, every couple years, there’s not a change of focus from the legislature, because the majority of the work that we do is mandated by what is in state code.”
On the vaccine issue, Governor 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.
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.”
A few days after that, the governor issued his own directive.
“For parents and guardians seeking an exemption,” he wrote, “while a statutory change to West Virginia’s compulsory vaccine statute did not pass in the 2025 Regular Legislative Session, my Executive Order 7-25 still stands and I have no intention of rescinding it.”
Near the end of a state board meeting on Wednesday, the board president said members would make no immediate decision about what to do — but would revisit the issue during an upcoming June meeting.
On radio today, Blatt said there is time to consider a path forward because the current school year is coming to an end and enrollment has not yet begun for the next school year.
“It’s important to note that our Board of Education decided that they’re eager to work in collaboration with the governor and with the Legislature, and, you know, a lot of things into consideration, as far as timelines with the where we are in the school year,” Blatt said.
“And so most of our schools are wrapping up in the next few weeks. And so they thought it was important to give our executive and legislative branch a time to possibly work out their differences.”