West VirginiaƵs top education official issued Ƶ then quickly rescinded on Friday Ƶ guidance reaffirming the stateƵs strict school vaccination requirements, after Gov. Patrick Morrisey intervened, directing his executive order allowing religious and philosophical exemptions remain in effect.
In State Superintendent Michele BlattƵs initial to superintendents across the state, she indicated they should direct schools to abide by the stateƵs current required immunization program for school-age children due to the legislatureƵs lack of action in creating a bill that dictated otherwise.
Ƶ she noted, legislation to allow for vaccine exemptions on religious or philosophical grounds failed to pass the West Virginia Legislature earlier this year. currently requires schoolchildren to show proof of immunization for various vaccines, including diphtheria, pertussis, measles and polio, unless they provide a medical exemption.
In her statewide correspondence, Blatt wrote, ƵWhile it is our understanding (the Department of Human Services) intends to continue to issue non-enforcement letters under the GovernorƵs Executive Order to parents seeking religious exemptions, we are faced with the fact that state law has not been changed by the Legislature and there is no religious exemption provided for in West Virginia law.Ƶ
However, less than two hours later, Blatt rescinded her memo, apparently at the governorƵs request. In her update, she noted that schools should follow MorriseyƵs Jan. 14 , which invokes 2023Ƶs , nicknamed the Equal Protection for Religion Act, to allow for religious and other objections to the stateƵs school vaccination mandates.
The executive order requires the commissioner for the Bureau of Public Health to establish a process for parents/guardians to request religious or philosophical exemptions to school-age vaccines. A simple note from a parent or guardian will suffice.
Blatt said, ƵAt the (governorƵs) request, I am rescinding the memo I sent earlier today regarding vaccine exemptions. We are working collaboratively with the GovernorƵs office to issue clear guidance to counties on how to comply with Executive Order 7-25. The GovernorƵs office has informed me that the West Virginia Department of Health will continue to review and grant religious exemptions to compulsory school vaccine requirements, and counties should honor those exemption requests that have been duly granted.Ƶ
Morrisey praised BlattƵs about-face on the issue.
ƵIƵm glad the State Superintendent rescinded her memo, and I look forward to working closely with the Department of Education to give clear and straightforward direction to counties on how to comply with my executive order. Counties should be honoring the religious exemptions to vaccine requirements granted by the West Virginia Department of Health.Ƶ
Legislator, school officials respond
In an op-ed published by Ƶ News, Delegate Kathie Hess Crouse, R-Putnam, defended MorriseyƵs directive.
ƵThe Executive Order created a vital pathway for parents to protect their children based on sincerely held religious beliefs or philosophical objections Ƶ rights that are recognized in nearly every other state in the nation,Ƶ Hess Crouse wrote, in part. ƵSuperintendent BlattƵs memo was wrong, both legally and morally. The Executive Order remains in effect and should be enforced. School boards do not have the legal authority to defy the Executive Branch, and no bureaucrat has the power to erase parental rights with a single-page memo.Ƶ
It appears that Tom Williams, superintendent of Kanawha County Schools, and Tim Hardesty, superintendent of Cabell County Schools, will follow MorriseyƵs executive order.
Williams said in a statement, ƵKanawha County Schools is committed to ensuring the health and safety of all students while adhering to state and federal laws. Ƶ such, we will follow what the law dictates regarding vaccine exemptions. We respect the legal processes in place and will continue to comply fully with all applicable regulations and guidance provided by the West Virginia Department of Education and the governorƵs office.Ƶ
Hardesty echoed WilliamsƵ sentiment.
ƵƵ of now, Cabell County Schools will be continuing the practice of honoring religious vaccine exemption requests that have been granted a Ƶ DOHS exemption letter. We appreciate the opportunity to work with the DOHS and ƵDE as we continue servicing our students.Ƶ
Can an executive order supersede a state law?
Pat McGinley, retired law professor at West Virginia University, said MorriseyƵs executive order on school vaccinations may be problematic.
ƵThe chief executive power is vested in the governor, and his responsibility is to take care that the laws be faithfully executed, not to make law,Ƶ McGinley said Monday, emphasizing the current vaccination statute does not provide for religious or personal exemptions and was designed to comprehensively protect students by mandating vaccinations.
Instead of citing West VirginiaƵs as a way to establish an executive order allowing vaccine exemptions, McGinley said, it would be better for people who feel their religious freedom is burdened to use the act as a claim or defense in court.
For that reason, in part, McGinley said he feels the governorƵs use of executive orders in this context is attempting to Ƶenlarge the power of the government versus the authority of the legislative branch whose responsibility is to make the law.Ƶ
MorriseyƵs ƵexcessiveƵ use of executive orders, McGinley said, mirrors a trend coming from the federal government and expanding nationwide.
ƵThe legislature, which is the most representative branch of West Virginia government, represents people throughout the state,Ƶ he said. ƵGovernor Morrissey is ignoring the majority will. This is really a power grab by executives throughout many states and the Office of the President to gain power over what are supposed to be the co-equal branches of government.Ƶ
McGinley also criticized that Ƶno weight was given by Morrisey to the superintendent or the Board of EducationƵs perspective on ... their own legal analysis.Ƶ He suggested the proper recourse for challenging vaccination requirements would be through the court system. The lifespan of an executive order, which do not have an automatic end date unless otherwise stated, depend on whether it aligns with existing laws or are overturned.
ƵThe governor is not the state official who has authority to determine whether existing statutes (or the state Constitution) are being violated.Ƶ
Requests for comments from the Department of Education were not returned Monday.
This was originally reported by ƵMetroNews.
