Bill Would Allow Private Schools to Set Their Own Policies
The West Virginia House of Delegates is set to vote on Monday on legislation that would loosen some of the nation’s strictest school vaccination laws. The House recently amended Senate Bill 460, restoring religious exemptions initially included in the bill and allowing private and parochial schools to determine their own vaccination policies.
On Friday, Delegate David Green (R-McDowell) introduced an amendment reinstating the religious exemptions that Governor Patrick Morrisey mandated in an executive order. Green emphasized the importance of religious freedom, stating, “This country was founded on religious liberties… This is not about removing vaccine mandates but giving people the ability to opt out based on religious beliefs.” The House approved his amendment with a 52-44 vote.
Background on Vaccination Laws
Currently, all 50 states require school students to be vaccinated against infectious diseases such as measles and polio. However, West Virginia is one of only five states that do not permit religious or philosophical exemptions to these mandates. On his second day in office, Governor Morrisey issued an executive order allowing religious exemptions, a move that aligned with the initial version of Senate Bill 460.
As passed by the Senate, SB 460 would have allowed families to submit a written statement to school administrators claiming a religious objection to vaccinations. The bill also sought to ease the medical exemption process, giving families more flexibility in seeking exemptions.
House Revisions and Committee Debate
The House Committee on Health and Human Resources had previously removed religious exemptions from the bill, focusing only on reforming medical exemptions. Under the committee’s version, medical exemptions would have required a licensed physician, physician assistant, or nurse practitioner to submit a written statement if a vaccination was deemed unsafe for a child. The decision-making authority of the state’s immunization officer would have been removed.
Committee Chairman Evan Worrell (R-Cabell) defended this approach, stating that his committee focused on solving issues within the medical exemption process. “We saw a problem with the current medical exemption system and aimed to improve it,” Worrell said.
However, on Friday, the House reintroduced religious exemptions and granted private and parochial schools the right to establish their own vaccination policies. This marks a departure from the Senate’s original stance, which had rejected a similar proposal.
Reaction from Religious and Medical Communities
The Catholic Diocese of Wheeling-Charleston, which oversees 24 schools with more than 4,600 students, has supported West Virginia’s existing vaccination laws. Even after the Legislature passed House Bill 5105 last year, allowing private schools to set their own vaccine requirements, the diocese maintained its policy of requiring vaccinations.
Tim Bishop, the diocese’s director of marketing and communications, reaffirmed their stance: “We have always maintained our constitutional right to order our schools as we see fit in accord with our beliefs.”
On the other hand, medical professionals and public health officials have voiced strong opposition to altering vaccination requirements. In a joint letter on Friday, three former West Virginia state health officers—Dr. Matthew Christiansen, Dr. Ayne Amjad, and Dr. Cathy Slemp—urged lawmakers to reject non-medical exemptions.
“We respectfully urge you not to pass SB 460 in any form that would add non-medical exemptions or weaken the protections keeping our children, families, and communities safe,” the letter stated.
Next Steps
The House is expected to vote on the amended bill Monday. If approved, the bill will return to the Senate for reconsideration. The Senate will then decide whether to accept the House’s modifications or negotiate further changes.
