State School Board Reinstates Vaccination Requirements After Supreme Court Order 

The West Virginia Board of Education has reinstated its directive to county boards of education not to accept religious exemptions to compulsory vaccination laws.

This means public schools will not accept students that are unvaccinated due to religious or philosophical reasons. West Virginia allows only medical exemptions to school-entry vaccination requirements. A bill seeking to modify the state’s vaccination requirements did not pass the West Virginia Legislature this year.

The board released the following statement Tuesday evening: 

“In light of the West Virginia Supreme Court’s stay of the class certification order and the permanent injunction order entered in Raleigh County Circuit Court, the West Virginia Board of Education is reinstating its directive to county boards of education not to accept religious exemptions to compulsory vaccination laws. This directive will be in effect until the Supreme Court issues further guidance. Our priority is to ensure compliance with W. Va. Code §16-3-4 and safeguard the health and well-being of all students across West Virginia.”

The board’s announcement comes after the West Virginia Supreme Court of Appeals issued an order halting a Raleigh County Circuit Court order requiring religious exemptions be accepted.

Last week, Raleigh County Judge Michael Froble granted a permanent injunction against the board in Miranda Guzman v. State Department of Education, requiring the board to accept religious and philosophical exemptions to the state’s compulsory vaccine law (CVL).

The state school board suspended the state’s compulsory vaccination requirements after that decision.

The Supreme Court’s decision is the latest in the yearlong legal battle over school vaccination requirements stemming from an executive order Gov. Patrick Morrisey issued in January granting religious and philosophical exemptions to the state school vaccination requirements.