West Virginia school vaccine requirements remain in effect as legal challenge continues

As the new school year approaches, West Virginia health officials are reminding parents that the state's school vaccination requirements remain in effect.

Vaccination requirements remain in effect for students in West Virginia's public school system as a legal battle that's been happening since Governor Patrick Morrisey took office is considered by the state Supreme Court of Appeals

West Virginia school vaccine requirements remain in effect as legal challenge continues in state Supreme Court of Appeals

Robert Fields | WVOW News

CHARLESTON Although Governor Patrick Morrisey issued an executive order in January 2025 seeking to allow religious exemptions for required school vaccinations, that policy has not taken effect. The order remains on hold while the West Virginia Supreme Court of Appeals considers a legal challenge.

For now, state law and West Virginia Department of Education policy continue to require students attending public schools to receive mandatory immunizations unless they qualify for a medical exemption. Students who do not meet the requirements at the start of the school year may be sent home until their vaccinations are complete.

The case before the state's highest court stems from a November 2025 ruling by Raleigh County Circuit Court Judge Michael Froble, who granted an injunction allowing parents to enroll their children without meeting the state's vaccination requirements. State education officials appealed that decision, and the Supreme Court stayed the lower court's ruling in December, leaving existing vaccination requirements in place while the appeal proceeds.

In court filings submitted earlier this year, education officials argued that West Virginia's vaccination law has helped protect public health for decades. They noted the state consistently has one of the nation's highest childhood vaccination rates and experiences relatively few outbreaks of vaccine-preventable diseases.

The brief also points out that the West Virginia Legislature has repeatedly considered, but declined to approve, proposals creating religious exemptions to the state's school vaccination law. Education officials argued those decisions have helped prevent outbreaks like those recently reported in several other states.

The appeal centers on whether the state's Equal Protection for Religion Act permits exemptions from West Virginia's longstanding school vaccination requirements.

The issue has also sparked debate among state lawmakers.

A survey released in June by the Infectious Disease Prevention Network and Cygnal Polling and Analytics found 69 percent of voters opposed eliminating school vaccine requirements. The poll also found 57 percent of likely Republican voters opposed ending the mandates.

Berkeley County Delegate Chris Anders, who supports expanding vaccine exemptions, questioned the survey's methodology, saying respondents were not specifically asked about medical, religious or philosophical exemptions. He argued vaccination decisions should remain between families and their medical providers.

Kanawha County Delegate Mike Pushkin pointed to the survey as evidence of continued public support for childhood immunizations, saying West Virginia's longstanding vaccination requirements have helped the state avoid outbreaks experienced in other nearby states.

Health officials encourage parents to schedule vaccinations as soon as possible before classes begin, warning that waiting until the last minute could result in appointment delays or temporary vaccine shortages.

PHOTO | File