School Vaccine Exemptions Continue To Stir Controversy

A bill to allow religious and philosophical exemptions to school entry vaccines like measles, mumps, rubella and polio failed in the legislature, but an executive order signed by Gov. Patrick Morrisey remains in place that does allow those exemptions. 

Friday, Michele Blatt, the state superintendent of schools, put out a statement saying, in part, that religious exemptions to student vaccines that were allowed for this school year would be honored through May, but would not be allowed for the 2025-2026 school year. 

“Moving forward, to ensure our counties are being consistent, I am recommending our school systems use the guidance below: 

• Any student that has been enrolled with a letter from  DoHS (Department of Human Services) Immunization Office prior to May 1st be allowed to finish out this school year. 
• Notify parents/guardians of students enrolled with DoHS letters that they will not be allowed to attend school in the Fall of 2025 without required immunizations. 
• Ensure during Pre-K or Kindergarten registrations that parents/guardians understand West Virginia Code 16-3-4 must be followed for the 2025-26 school year.” 

Within hours, Blatt sent out an email to county superintendents saying, at the governor’s request, she was rescinding that memo. The brief statement went on to say that her office was working with Gov. Patrick Morrisey’s office to provide clear guidance. Additionally, the West Virginia Department of Health will continue to review and grant religious exemptions and that counties should honor them. 

Del. Kathie Hess Crouse, R-Putnam, and a supporter of the exemptions, released a statement Monday “I will not sit quietly while state agencies act as though they are above the law,” she wrote. “Let’s be clear: the Executive Order still stands. It does not hinge on whether or not a bill passed during the legislative session. Executive Orders issued by the Governor are binding unless overturned by the courts or directly superseded by statute. Neither has happened.”

“Superintendent Blatt’s memorandum claims “county boards must continue to adhere to existing West Virginia State Code and State Board Policy.” It goes on to state “no changes to current immunization requirements for school enrollment” have taken place. She essentially instructed county boards and personnel to ignore the Executive Order entirely.”

Senate Bill 460 was passed by the state Senate during the 2025 legislative session, but met resistance and debate in the House of Delegates where it was eventually voted down by a vote of 42-56. Later during the regular session, the Senate Health committee, chaired by Sen. Laura Chapman, R-Ohio, attempted to resurrect the bill by amending it into another bill, but that was eventually declared not germaine and was removed. 

Currently public school children in the Mountain State are required to be vaccinated against diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella; and hepatitis B, unless they have a medical exemption for all or one of those vaccines. West Virginia is one of five states to not accept a personal or religious vaccine exemption. 

West Virginia has one of the lowest vaccination rates for children under five, then, for school-age children one of the highest vaccination rates. 

In 2024, the legislature narrowly passed a similar vaccine exemptions bill, but then-Gov. Jim Justice vetoed the bill.