West Virginia school vaccine law under Supreme Court review as CDC changes recommendations

The school vaccine debate in West Virginia has made it all the way to the state Supreme Court of Appeals while flu cases have reached record numbers and the CDC continues to step away from childhood vaccine requirements.

WEST VIRGINIA One issue potentially headed back to the Legislature following court action involves the relationship between West Virginia’s religious freedom law and long-standing school vaccination requirements.

The state Supreme Court is expected to review the issue sometime this year. At the same time, lawmakers could consider whether statutory changes are needed to clarify how the Equal Protection for Religion Act of 2023 interacts with vaccination law.

Governor Patrick Morrisey issued an executive order early last year directing families to seek religious exemptions through the state health department, but school systems have continued enforcing vaccination requirements as written in state code. A November injunction from Raleigh County Circuit Judge Michael Froble granted parents the ability to enroll their children in classes without meeting school vaccination requirements, a ruling that was appealed by the West Virginia Board of Education. The state Supreme Court of Appeals agreed in December to take direct review of the case and ordered a stay of the lower court ruling, leaving vaccination rules in place while the appeal moves forward.

Current law requires students entering school for the first time to show proof of immunization against a range of diseases unless they qualify for a medical exemption. The law does not provide for religious or philosophical exemptions.

A bill that would have added those exemptions failed in the House of Delegates last March. Prior to that bill’s failure, state lawmakers in 2024 did pass House Bill 5150, which would have removed vaccination requirements for students in virtual public schools and allow private and parochial schools to set their own standards. That bill, however, was vetoed by former Governor Jim Justice, who cited major opposition from the state’s medical community in his veto message. Legislative leaders have since indicated that there is no clear consensus to revisit the issue during the 2026 session, but court rulings could ultimately force legislative clarification.

The issue is back under the spotlight nationwide as the Centers for Disease Control and Prevention says flu cases are surging across the United States in record numbers.

The CDC says 45 states are showing high or very high flu activity. Roughly 11 million cases have been reported so far, with over 5,000 deaths reported within the 2025-26 flu season.

Health experts say the predominate flu type being found this year is Flu A/H3N2, which often comes with more severe symptoms. Moreover, the predominate strain detected has been the recent mutation designated as “Subclade K,” which is different from what this year’s flu shots are designed to combat. However, experts still say vaccination remains the best method to mitigate the most severe symptoms and avoid hospitalization.

This comes as the Trump administration continues its move away from vaccination policy. The CDC announced an overhaul to the childhood vaccine schedule, pulling recommendations for children getting vaccinated against the flu, as well as rotavirus, COVID, hepatitis A, hepatitis B and bacterial meningitis.

The CDC says those vaccinations will now be a matter of discussion between parents and healthcare providers.

PHOTO | Governor Tom Wolf / CCBY 2.0