Members of the state school board today voted to direct Superintendent Michele Blatt to issue guidance to the county school systems that they follow the current compulsory school vaccination law that does not permit religious exemptions for students.
Board members heard a description of the motion, but did not comment on it in the open forum. This is a step toward a policy clash with the governor, who appoints members of the state school board to 9-year terms.
The vote came after the governor’s in-house counsel asked state school board members for cooperation with a directive to allow religious exemptions to vaccination requirements.
Governor Patrick 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.
Last month, the state Department of Education provided and then rescinded its own guidance about how to handle school vaccinations and exemption requests, noting that state law had not changed.
A few days after that, the governor issued his own directive.
It directed families who want to pursue a religious exemption to send basic information to VaccineExemption@wv.gov, which is monitored by the state Bureau for Public Health, the agency that would determine whether the exemption is granted.
Morrisey’s directive pointed toward the state’s Equal Protection for Religion Act of 2023.
Now state and local education systems are trying to figure out what to do.
Sean Whelan, general counsel for the governor, made reference to all of that when he spoke to state school board members during the public comment period of a regular monthly meeting.
“The governor is not second guessing the science on vaccines, or ignoring or defying the law passed by the Legislature,” Whelan said.
“Instead, he is reading that vaccine law together with another law, the Equal Protection for Religion Act of 2023 which prohibits government action that substantially burdens a person’s exercise of religion unless it serves a compelling government interest and is the least restrictive means of achieving that interest.”
Whelan said the governor feels strongly that the religious freedom law shouldn’t be ignored.
“But I want to be clear, he is not directing or ordering the state Board of Education or any county boards of education to do anything. That’s why the executive order only directs the actions of the health officials that are under his purview,” Whelan said.
“But he is asking for your partnership and support in applying the Equal Protection for Religion act that has been on the books since 2023 and, until he came into office, wasn’t applied.”
Other members of the public who spoke to the state Board of Education urged compliance with existing vaccination requirements as written in state code.
Dr. Allison Holstein, who described herself as a pediatrician and mother, said immunizations are a critical tool for keeping children safe.
“I want to voice my full support for directives that our schools follow the law regarding immunization requirements, which has made West Virginia a leader in prevention of vaccine preventable diseases, including measles — which we have had 13 states with outbreaks, including every state that’s surrounding us,” she said.
“There’s a reason we have not had an outbreak here.”
She described a compelling interest in providing a safe and healthy learning environment for every student.
“I want to thank the superintendent and this board for taking this responsibility seriously,” she said. “I urge you to continue your work prioritizing the health and the well being of our students.”
Rev. Eric Miller, rector of St. Johns Episcopal Church also urged officials to stick with West Virginia’s current immunization standards.
“God’s creation is to care, and one of the ways that we have been willing and able to care for and love each other for generations now is through vaccinating our children before attending our schools,” he said, “so that they are protected from the unnecessary spread of illness and disease.
“By immunizing our children, we are not only protecting them, but we’re also protecting the rest of the staff and our society and elderly as a whole, I encourage our state Board of Education to continue to protect our kids, respecting their dignity and their well being by holding to the current immunization requirements.”