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The West Virginia Board of Education is revoking its school vaccination policy after the state Supreme Court upheld a lower court decision allowing parents to opt out of required vaccinations for children.
The state Supreme Court issued a stay Tuesday following last week’s ruling by a Raleigh County Circuit Judge in the class action. Froble said in his appeal that children whose parents were denied by the state requirement for religious reasons will be allowed to go to school and participate in extracurricular sports.
Froble’s decision barred the settlement of appeals in this case.
The board said in a statement that it “rescinds its directive to County boards of education not to adopt immunization regulations in immunization regulations. This guidance will go into effect anew.”
Judge rules West Virginia parents can use religious beliefs to opt out of school immunization requirements
West Virginia was among only a few states to offer a few medical supplies from medical vaccinations when the gov. Patrick Morrisey issued a major order earlier this year allowing religious exemptions. (Andrew Harnik/Getty Images)
In addition, the Board said its priority is to ensure compliance with state immunization laws “and protect the health and welfare of all students throughout Virginia.”
The vaccination mandate was suspended by the Board last week after Froble’s ruling, which was said to be a federal policy that undermines equal religious tolerance, which was enacted in 2023 by Republican Gim Justice.
West Virginia was among the few places to offer only medical treatments from medical vaccinations when the gov. Patrick Morrisey, also a Republican, issued an executive order earlier this year allowing religious amnesty.
But the board voted in June to teach public schools to ignore the governor’s order and follow it for a long time Immunization Requirements for Schools defined in federal law.
Two groups planned to stop Morrisey’s order, arguing that the legislature, not the governor, has the authority to make these decisions.
The West Virginia Board of Education reinstated its school vaccination policy after the U.S. Supreme Court overturned a lower court’s decision. (Stock)
Legislation that would have allowed religious exclusion was approved by the State Senate and rejected by the House of Representatives earlier this year.
Froble said in his opinion that the failure to pass the law did not determine the implementation of the 2023 law. He rejected the defendants’ argument that religious exemptions can only be established through the operation of law.
“Legislative intent is not absolute and does not control the interpretation of a statute or determine its application; at least, it is a factor,” Froble said.
A group of parents sued the state and local boards of education and the Raleigh County Schools Superintendent. One parent received a religious exemption from the state Department of Health’s Immunization Division and enrolled her child in elementary school for the current school year before receiving an email from the local school’s certificate, according to the lawsuit.
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The parent group was led by the State and Boards of Education and the Raleigh County Schools Superintendent. (Stock)
Last month, Froble certified the case as a class action involving 570 families who had received religious exemptions in other parts of the state. He said the class action also applies to parents seeking religious exemptions in the future.
Froble said the total number of exemptions so far involved only a small portion of the population in the state and “would not have reduced vaccination rates or increased health risks.”
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Federal law requires children to get chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, rubella, pertussis vaccines before going to school.
At least 30 states have it Religious Freedom Laws. The laws were amended after the Financial Freedom Restoration Act, which was signed into law in 1993 by Bill Clinton, allowing federal policies that interfere with religious beliefs to be challenged.
The accompanying device contributed to this report.
