Several concerned residents spoke at the West Virginia Board of Education’s public meeting Wednesday about religious and philosophical vaccine exemptions possibly being allowed in public schools in the coming year.
Although lawmakers did not pass a bill to loosen the state’s immunization requirements for public school children, Gov. Patrick Morrisey continues to push an executive order that allows religious and philosophical exemptions.
State Superintendent Michele Blatt sent a memo to county superintendents earlier this month recommending that parents and guardians be told their children may not attend school in fall 2025 without required immunizations. But the memo was rescinded less than two hours later with the message that schools should instead comply with the executive order.
State code requires proof of immunizations for diphtheria, pertussis, measles and polio unless a medical exemption is provided.
Blatt said after Wednesday’s meeting that the board will honor the executive order for now and work to find a resolution between the West Virginia Legislature, Governor’s Office and the Department of Human Services.
She said there was confusion about vaccine exemptions originally, leading her to send out the memo.
“I think it’s just a matter of, since the Legislature had not passed anything, that we just ... go back to that and then move forward,†Blatt said.
“The intent was definitely never to not work with the governor as we move through that, and we’ve had a lot of communications ... to discuss how we move forward and understand that they also are working with the legislature to see if they can get resolution.â€
Board member Nancy White read a statement saying, “The board supports the state superintendent’s attempt to follow compulsory vaccination law and direct her to continue to work with the governor and with our legislative liaison and find resolution to this issue.â€
White said the board will reconsider the issue during its next meeting on June 11.
‘What’s the point of having a Legislature?’
Of eight people who spoke during a public comment period on immunizations, all were in favor of the superintendent sticking to her original objective.
“The governor is not the Legislature, and we don’t run our state by royal edict or by executive order, especially when you have a model law in place that is so protective against dangerous and preventable, I emphasize, preventable diseases,†Robin Godfrey, a lawyer and former McDowell County teacher, said after the meeting.
Godfrey said he taught in a one-room school in McDowell County and a three-room school in Grant County. He said that, back then, no one seemed to think twice about the subject.
“This is just part of your duty as a responsible citizen to protect your children, other people’s children and adults who are immunocompromised,†he said.
“I went to all the hearings during this last session, and I heard a lot about personal freedom, but I never heard the word ‘responsibility,’†he added. “When you don’t want your children vaccinated, I thought at first, ‘You’re playing with fire.’ But it’s worse than that; you’re really asking your children to play with fire.â€
Godfrey said he hopes Blatt will reissue her original memo.
“Her job is simple here,†he said. “Just follow the law.â€
Delegate Mike Pushkin, D-Kanawha, told the board the Legislature spoke “loudly and clearly†when it rejected vaccine exemptions.
“If the governor can simply unilaterally make laws from his office, then what’s the point of having a Legislature? What’s the point of having a board of education? Be strong,†he told the board.
By Caity Coyne, Amelia Ferrell Knisely and Lori Kersey
West Virginia Watch
9 min to read
Puskin said House Bill 3042, passed in 2023 — the Religious Freedom Restoration Act that Morrisey points to in his order — is not “clear law†and instead serves as a “litmus test†to use in a court of law to decide if there is a compelling interest with regard to religious freedom.
“If the governor wanted to use that, [Morrisey] would have to sue and then prove in a court of law that the government — the state board — does not have a compelling interest in keeping our children safe. Good luck with that,†he said.
More reactions to school vaccination law
Dr. James McJunkin, a retired pediatrician, told the board he fears the resurgence of preventable diseases his younger colleagues have rarely witnessed.
“As a child growing up in West Virginia, the pre-polio vaccine era of the 1950s, I saw friends and neighbors who suffered permanent paralysis from polio,†he said. “Although the polio virus is primarily spread from person-to-person contact, polio can be a water-borne disease, especially if poor water and sewer system infrastructure allow for contamination.
“As I think about West Virginia, which has the highest rates of — is among the highest rates of — drinking water violations in the United States, I shudder to think how that could be a perfect storm for a polio outbreak.â€
McJunkin said the near absence of these diseases in recent years has created a “false sense of security,†but people should understand what can happen if immunization rates fall.
Kim McAdoo, a mother and former teacher, has an infant child. As children cannot be immunized against measles until 12 months, she said she is worried that her older children could be exposed at school and potentially bring the virus home to their younger sibling.
“Kids love to share germs, and they love to share viruses. And so, any way that we can protect our kids is important to me,†McAdoo said. “We’re not talking about a new vaccination that just was approved. This is something that we’ve been doing for decades. These are serious illnesses.â€
McAdoo said of Blatt’s decision, “I don’t think the fight’s over. I just think that she probably took a step back.â€
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