Board Of Ed Pushes Back On Federal Vaccine Letter

The federal Department of Health and Human Services (HHS) has weighed in on back to school vaccines in West Virginia in a letter to the West Virginia Department of Health. 

The letter points to the federal Vaccines for Children Program (VCP), which requires that State plans must comply “with applicable state law, including any such law relating to any religious or other exemption.”

“The VCP ensures that children who are uninsured, Medicaid-eligible, or otherwise meet the eligibility criteria receive qualified pediatric vaccines. Providers participating in the VCP must comply ‘with applicable State law, including any such law relating to any religious or other exemption.’ Paula M. Stannard, director of the HHS Office for Civil Rights wrote. “By specifically mandating that a State’s plan for administering Medicaid must respect state laws regarding religious exemptions, Congress recognized the importance of Americans’ religious convictions regarding vaccines and laws protecting such.”

West Virginia does not have a state law that allows for religious exemptions in this case. The state Board of Education (WVBE) has appealed to the state Supreme Court of Appeals to make a determination in a case related to Gov. Patrick Morrisey’s executive order allowing for exemptions. 

The HHS letter goes on to state: “Gov. Patrick Morrisey issued Executive Order 7-25, directing West Virginia’s Commissioner of the Bureau for Public Health and the State Health Officer to establish an exemption process for those who want to send their children to public school, and who have religious or moral objections to receipt of one or more vaccines otherwise required by the State’s compulsory immunization law. The Executive Order explains that these exemptions are compelled by EPRA (Equal Protection for Religion Act of 2023). The Governor’s interpretation of EPRA was recently affirmed by Judge Froble of the Circuit Court of Raleigh County.”

The letter also noted that “West Virginia is a participant in the VCP and receives $1.37 billion from the Centers for Medicare & Medicaid Services each year as the federal Medicaid contribution. Therefore, West Virginia is obligated to ensure that its VCP providers comply with applicable state laws like EPRA, which requires recognition of religious exemptions from West Virginia’s Compulsory Vaccination Law.”

In a statement, the board noted this letter “has no impact on the WVBE’s position that the current compulsory school immunization law does not contain a religious exemption.”

“The WVBE will stay the course in its pursuit of legal relief from the West Virginia Supreme Court regarding compulsory immunizations and religious exemptions,” the statement continues.

“This Board will continue to uphold its duties as outlined in the West Virginia Constitution and laws as established by the West Virginia Legislature.”

Earlier this week, the state Attorney General JB McCuskey asked the courts to combine two contradicting lawsuits into one case.