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West Virginia Education Department Rescinds Vaccine Exemption Guidance Amid Legal Confusion

The West Virginia Department of Education (WVDE) has retracted a memorandum issued earlier this month that provided guidance on religious and philosophical vaccine exemptions for schoolchildren, following a request from Governor Patrick Morrisey’s office.

On May 2, State Superintendent Michele Blatt released a memo instructing county superintendents to honor vaccine exemptions granted prior to May 1, 2025, but also to inform parents that such exemptions would not be recognized for the upcoming 2025–26 school year due to existing state law.

However, later that same day, Blatt issued a follow-up communication rescinding the earlier memo. She stated that the WVDE is collaborating with the Governor’s office to provide clear guidance on complying with Executive Order 7-25, which allows for religious and philosophical exemptions to school vaccination requirements.

Governor Morrisey signed Executive Order 7-25 in January 2025, citing the state’s Equal Protection for Religion Act to permit such exemptions. Despite this, the West Virginia Legislature has not amended state law to codify these exemptions, leading to legal ambiguity.

Earlier this year, Senate Bill 460, which sought to establish religious and philosophical exemptions to school vaccination mandates, passed the Senate but was defeated in the House of Delegates. The bill’s failure has left the status of vaccine exemptions in a state of uncertainty.

As of now, the West Virginia Department of Health continues to process exemption requests under the Governor’s executive order. However, without legislative action, the long-term enforceability of these exemptions remains unclear.

The WVDE and the Governor’s office have indicated that further guidance will be issued to clarify the implementation of vaccine exemption policies for the upcoming school year.

Parents and guardians are advised to stay informed on this evolving issue and consult with their local school districts for the most current information regarding vaccination requirements and exemptions.

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