The West Virginia Board of Education is preparing for a legal battle over a new state law that limits its authority. At the same time, the board has delayed taking any formal action on the contentious issue of school vaccination requirements—an issue that continues to spark debate between state officials.
During a meeting held Wednesday in Charleston, State Superintendent of Schools Michele Blatt announced that the board will challenge the constitutionality of House Bill 2755, legislation passed earlier this year by the West Virginia Legislature.
The law mandates that any policy or rule adopted by the Board of Education must now be submitted to the Legislature for review and approval.
Blatt read a brief statement on behalf of the board confirming its intent to pursue litigation. There was no further discussion on the matter during the meeting. “The board supports the state superintendent’s attempts … and will continue to work with the governor’s legislative liaison to find resolution to this issue,” she said.
The legislation has raised serious concerns among board members, who believe it weakens the Board of Education’s ability to make timely and independent decisions about public school policy. The legal challenge is expected to focus on whether the new law infringes upon the board’s constitutional powers.
In addition to the legal fight, the board has also been at the center of a growing conflict over school vaccination requirements. Although vaccination rules were not addressed during Wednesday’s session, they remain a hot-button issue following an executive order issued by Governor Patrick Morrisey.
His directive allows for religious and philosophical exemptions to the state’s compulsory school vaccination laws—exemptions that do not currently exist under West Virginia law.
Earlier this month, Blatt issued a memo to county school districts stating clearly that no legislation had passed to allow for such exemptions, meaning that current vaccine laws remained unchanged. However, that memo was later rescinded following Morrisey’s executive order. The conflicting guidance has left school administrators across the state unsure of how to proceed.
Governor Morrisey reaffirmed his position last week, stating that his order “still stands” and that he has no intention of reversing it. He urged the State Superintendent and county school boards to work alongside the Bureau for Public Health to ensure that students’ religious freedoms are protected.
“Students will not be denied access to public education because of their religious objections to compulsory vaccination,” Morrisey said in a public statement.
For now, the board has chosen to delay its decision on the vaccination issue until its next meeting, scheduled for June. Blatt stated that the matter would be formally reviewed at that time.
This ongoing standoff highlights a deepening divide between state educational leadership and executive authority over public health and constitutional governance. With the legal challenge to HB 2755 set to unfold and the vaccine debate far from settled, the upcoming June board meeting is expected to draw significant attention from both parents and policymakers.
The final outcome could have long-term consequences not just for West Virginia students and schools, but for the state’s overall approach to education and public health governance.
