West Virginia Legislation Could Allow Private Schools to Decide Their Own Vaccination Policies

A new vaccine bill passed West Virginia’s Senate 18-12, and now awaits Gov. Jim Justice’s approval before it can be signed into law.

A health worker vaccinates a student during a community drive-up clinic in Los Angeles, Calif., on Aug. 12, 2020. Valerie Macon/AFP via Getty Images

West Virginian private and parochial schools could soon be given the green light to develop their own vaccination policies, while public virtual school students might be exempt from vaccine requirements.

The proposed vaccine law passed West Virginia’s Senate 18-12 on March 10 and now awaits Gov. Jim Justice’s approval before it can be signed into law.

Originally, the bill was introduced to eliminate vaccine requirements for students in public virtual schools. However, the version that passed the West Virginia Senate was expanded to allow private schools to set their own vaccination standards. However, students who participate in activities resulting in competition, such as sports, will still need to follow the vaccine rules.

Parents will also be unable to sue private schools, school owners, administrators, boards, and staffers for implementing vaccine exemptions, provided the school has a notice for parents to sign acknowledging the policy annually and upon enrollment.

Another section that allowed a religious exemption was taken out in the Senate. The amended bill also clarifies that if a student is attending a mix of virtual and traditional in-person schooling, the student should follow the requirements of the live, in-person school.

Under current legislation, unless a medical exemption is in place, West Virginia law requires children to receive vaccines for contagious diseases such as chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and whooping cough.

The state is among five in the country that allows only medical exemptions for vaccine requirements rather than religious, philosophical, or other exemptions. A court case in West Virginia is still ongoing, aiming to enable religious vaccine exemptions for students in all elementary and secondary schools in the state.

Mississippi had similar policies until July last year when a judge ruled the state must allow religious exemptions for vaccine requirements.

Vaccine Bill Divides Opinions

Before the vaccine legislation was passed, the Senate Health Committee held a meeting on its merits. University School of Medicine Professor Dr. Alvin Moss said the bill was needed because West Virginia’s current compulsory vaccination policy didn’t allow for informed consent.

Former West Virginia Republican Delegate Chanda Adkins also argued for the new law. She believes that families who don’t want to vaccinate their children deserve the chance to opt-out on religious grounds.

Republican Senate Health and Human Resources Chair Mike Maroney called the bill “an embarrassment” that would harm the state. Trained as a doctor, Mr. Maroney said he couldn’t in good conscience vote for it.

“I took an oath to do no harm. There’s zero chance I can vote for this bill, it’s a bad bill for West Virginia, it’s a step backward. There’s no question, no question there will be negative effects,” Mr. Maroney said.

Former West Virginia Medical Association Dr. Lisa Costello also argued against the bill, saying West Virginia’s current vaccine policy is the “gold standard” and shouldn’t be changed.

“West Virginia is seen as a national leader when it comes to our routine, child immunizations,” she said.

“Measles does not care if you go to private school or public school. Measles does not differentiate depending on where you go to school.”

The Associated Press contributed to this report.