West Virginia Board Stands firm on vaccination policy as legal battle unfolds
The West Virginia State Board of Education opened its meeting with President Paul Hardesty framing the ongoing debate over vaccines as a real-world civics lesson for the state’s 55 counties. He underscored the importance of understanding the separation of powers as the board navigates a contentious issue that pits public health policy against religious exemptions.
At the close of Wednesday’s session, the board voted to send a letter to the West Virginia Professional Charter School Board (PCSB) regarding vaccination requirements. The move serves as a reminder that public virtual and in-person charter schools must adhere to the same vaccination policies as traditional public schools, meaning religious exemptions are not accepted under current policy.
The PCSB has stated that it has been honoring religious exemptions since January and will continue to do so. The board’s action comes amid an ongoing dispute with Attorney General Patrick Morrisey over vaccine policy. State law does not permit religious exemptions, but Morrisey contends that the law could be interpreted to allow them. The matter is before the state’s highest court.
Hardesty used the moment to defend the board’s role and admonished what he described as name-calling from Morrisey, who has referred to the board as “unelected bureaucrats.” He stressed that the board is appointed by the governor and confirmed by the Senate, functioning within the checks and balances of the legislative and executive branches, with final judicial authority resting with the state’s Supreme Court.
Morrisey has publicly argued that nine-year terms for state board members are too long and suggested reforms. He also contends that allowing religious exemptions via executive order would align with his interpretation of the religious freedom framework overlaying vaccine policy. He said change is coming and criticized the school board for what he described as out-of-touch overreach.
The dispute has already reached the courtroom in Raleigh County, where Judge Michael Froble issued a preliminary injunction on July 24 allowing three Raleigh County children with religious exemption forms to attend school. The injunction covers only the families who filed suit, and a September hearing could lead to a more permanent ruling. An appeal by the state board could affect the timing and scope of that hearing.
Public comment during Wednesday’s meeting included support for the board’s stance from Chris Zinn, a retired nurse and member of the West Virginia Rural Health Association. She praised the board’s position on immunizations, stressing their safety and effectiveness. A counterpoint came from Melissa Lane, who argued that religious freedom is not negotiable and that the board’s authority should not override the law.
Hardesty said the board would await the Supreme Court’s decision and would comply with the high court’s ruling, not with any executive order that conflicts with state law. He emphasized the board’s commitment to following constitutional processes and the rule of law.
James Paul, executive director of the WV Professional Charter School Board, said as of 3:30 p.m. Wednesday he had not received any communication from the state board. He noted that the PCSB’s guidance has been consistent since January 2025: charter schools may enroll students without full vaccination proof only if those students possess an exemption letter issued by the West Virginia Bureau for Public Health; if such a letter exists, enrollment should proceed.
What this means for West Virginia students and schools is that the vaccination policy for charter schools remains under intense scrutiny as the state’s highest court reviews the relevant law and interpretations. The board’s actions signal a continued commitment to uniform public health standards across all publicly funded schooling options, while the legal process plays out.
Summary
– The West Virginia State Board of Education reaffirmed that charter schools must follow the same vaccination policies as public schools, excluding religious exemptions.
– The PCSB has been honoring religious exemptions since January; the board requested a formal stance from the PCSB on the matter.
– A legal fight between the state board and Attorney General Morrisey continues, with the issue before the state’s Supreme Court.
– Raleigh County cases have influenced the legal conversation, with a preliminary injunction allowing certain students to attend school under religious exemptions.
– Public comment reflected a split between supporters of stricter vaccine policies and those defending religious exemptions.
– The board intends to follow the Supreme Court’s decision and not override state law or constitutional requirements.
Commentary
– This ongoing clash highlights the complex balance between safeguarding public health and protecting religious freedoms in education. As the state awaits the Supreme Court’s guidance, districts may face ongoing uncertainty about how vaccine policies will be implemented in charter schools. A resolution could set a precedent for how religious exemptions are treated under WV law and how executive actions interact with statutory protections. Positive takeaway: the process demonstrates active civic engagement and a commitment to rule-of-law governance across branches of government, with student safety and rights at the heart of the debate.