W.Va. Board of Education votes to keep vaccine requirements, going against executive order


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West Virginia education officials vote to follow state vaccine requirements, going against an executive order issued by Gov. Patrick Morrisey. (WCHS)

West Virginia education officials have weighed in on an executive order from Gov. Patrick Morrisey allowing for childhood vaccine exemptions.

During a meeting held Wednesday, the state Board of Education voted to maintain current immunization requirements, despite a contradictory executive order issued earlier this year by Morrisey.

"I think that the state board members believe that they've taken a oath to uphold the Constitution," said State Superintendent of Schools Michele Blatt. "They will follow state law, and they believe that with state law not being changed in this past session, that they need to adhere to West Virginia Code 1634."

Among Morrisey’s first actions as governor included making school choice a top priority and ensuring religious exemptions for vaccines would be recognized for children attending public schools and day care facilities.

The governor’s office responded hours after the vote Wednesday, calling the vote a “wrong-headed decision.”

“The West Virginia Board of Education is trampling on the religious liberties of children, ignoring the state’s religious freedom law, and trying to make the state an extreme outlier on vaccine policy when there isn’t a valid public policy reason to do so," the governor's communications director, Alex Lanfranconi, said in the statement. "This decision isn’t about public health — it’s about making West Virginia more like liberal states such as California and New York.

While under current law, the Board doesn’t report to the Governor, today’s actions show the dangers of having an unelected state school board unaccountable to the people.

"Despite today’s wrong-headed decision, we will continue supporting West Virginia families who rely upon our religious freedom law," the statement continued. "At the Governor’s direction, the Department of Health will continue to grant religious exemptions consistent with the state’s religious freedom law."

Lawmakers failed to pass a bill that would have allowed philosophical exemptions for chickenpox, diphtheria, hepatitis b, measles, meningitis, mumps, polio, rubella, tetanus and whooping cough.

After the bill was rejected by delegates, State Superintendent of Schools Michele Blatt sent a memorandum asking schools to follow state law, noting that exemptions wouldn’t be permitted for the next school year.

Morrisey ordered that memo to be rescinded and the governor followed up with guidance on how schools and parents could attain exemptions.

The executive order caused confusion in school systems and was recently challenged in court.

Blatt said if parents are confused, they should reach out for clarification.

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An amendment to the state’s vaccination law filtered through the Legislature in 2024, but the bill was vetoed by Gov. Jim Justice.