West Virginia’s vaccine exemption policy for school-age children has become a tug-of-war between public health officials and political leadership, creating widespread confusion for parents and educators.
On Friday, the West Virginia Department of Education released a memo to county superintendents outlining the current stance on vaccine exemptions for the 2025-26 school year.
The memo reminded schools that, according to state law, there is no provision for religious or philosophical exemptions to the state’s mandatory immunization requirements. These include vaccines for diseases like polio, measles, mumps, rubella, hepatitis B, and more. Only medical exemptions are legally recognized.
However, the memo didn’t last long. By Friday evening, State Superintendent of Schools Michele Blatt withdrew the guidance under direct pressure from Governor Patrick Morrisey’s office. Blatt informed superintendents that her earlier statement was being rescinded while the Department of Education worked with the Governor’s office to clarify instructions for compliance with Executive Order 7-25.
This executive order, issued by Morrisey in January, invokes the 2023 Equal Protection for Religion Act to allow religious and conscientious objections to school vaccination mandates. It directs the state’s health officer to establish a process where parents can request exemptions by simply submitting a written request.
Blatt’s original memo acknowledged the executive order but pointed out the conflict with state law, which has not been amended by the legislature. Her guidance indicated that students with religious or philosophical exemptions approved by the Department of Health before May 1, 2025, could remain enrolled for the time being. However, it also warned that students entering school in fall 2025 would not be permitted without proper immunizations or a valid medical exemption.
That approach changed dramatically after the Governor’s office intervened. Blatt’s follow-up email stated that school districts should honor any religious exemptions granted by the Department of Health in accordance with the executive order.
This back-and-forth has left schools, parents, and health officials uncertain about what rules they’re expected to follow. According to documents obtained through a Freedom of Information Act (FOIA) request by West Virginia Watch, the Department of Health has already issued 186 religious or philosophical vaccine exemptions since late March. That’s more than three times the number of medical exemptions granted throughout all of 2023.
Efforts to cement these exemptions in law have failed so far. Senate Bill 460, which would have added religious and philosophical exemptions to school immunization requirements, passed the state Senate but was defeated in the House of Delegates. A separate attempt to insert a similar exemption into another health bill in April was also withdrawn.
Despite the legislative setbacks, the Governor’s executive order remains in effect. The Department of Health continues processing exemption requests, effectively bypassing existing law, even as education officials try to walk a fine line between respecting that order and following codified immunization requirements.
This legal and political uncertainty places schools in a difficult position as they prepare for the upcoming school year. Without clear, consistent guidance, school administrators are left to interpret conflicting directives from state agencies and political leaders, while parents are left guessing whether their children will be allowed to attend school in the fall.
As of now, the West Virginia Department of Education and Governor’s office have promised to work together to provide clearer instructions moving forward. However, until legislation aligns with executive action—or vice versa—the situation is likely to remain murky.
