File Photo State Superintendent of Schools Michele Blatt speaks with media following her appointment by the West Virginia Board of Education in June 2023.

CHARLESTON — A memorandum to county superintendents issued Friday by the West Virginia Department of Education requiring schools to abide by the state’s required immunization program for school-age children was rescinded later that evening after pressure from Gov. Patrick Morrisey.

State Superintendent of Schools Michele Blatt issued the memorandum to county superintendents Friday to provide guidance for the 2025-26 school year beginning in the fall regarding an executive order by Morrisey requiring state health officials to allow requests for religious or philosophical exemptions to the state’s mandatory immunization schedule to students enter public and private schools in West Virginia,

Legislation to allow for religious/philosophical vaccine exemptions failed earlier this year.

“With the 2025 Legislative session behind us, it is time to consider the status of the religious exemption vaccine issue,” Blatt wrote. “While it is our understanding (the Department of Health) intends to continue to issue non-enforcement letters under the Governor’s 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.”

Morrisey signed Executive Order 7-25 on Jan. 14, citing the 2023 Equal Protection for Religion Act to allow for religious and conscientious objections to the state’s school vaccination mandates.

State code requires children attending school to show proof of immunization for diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella and hepatitis B unless proof of a medical exemption can be shown.

The executive order required the commissioner for the Bureau of Public Health/state health officer to establish a process for parents/guardians to request religious or philosophical exemptions to school-age vaccines, only requiring a request in writing from the parent/guardian.

According to information obtained through a Freedom of Information Act request by West Virginia Watch, the Department of Health had issued 186 vaccine exemption requests since the end of March – more than three times the number of medical exemptions granted in 2023 alone, according to department reports.

A bill introduced on behalf of the Governor’s Office — Senate Bill 460 — included a religious and philosophical exemption to school-age vaccines when it passed the Senate in a 20-12 vote in February.

The bill was amended by the House of Delegates to allow for at least a religious exemption for school-age vaccines, but it was defeated in a 42-56 vote in March.

An attempt in April by Senate Health and Human Resources Committee Chairwoman Laura Wakim Chapman, R-Ohio, to amend a limited religious vaccine exemption into another bill had to be walked back.

Despite SB 460 being voted down, the state remains under Morrisey’s executive order.

The Department of Education memorandum instructed county superintendents to honor any student enrolled in public schools with state-issued vaccine exemptions prior to May 1.

But counties were instructed to notify parents/guardians that students with approved religious/philosophical vaccine exemptions would not be permitted to attend public school in the fall.

Counties were also instructed to make sure parents/guardians enrolling their children for pre-kindergarten and kindergarten in 2025-26 understood state law regarding required vaccines.

By Friday night, Blatt sent an email to county superintendents walking back her memorandum at the urging of the Governor’s Office.

“At the Governor’s request, I am rescinding the memo I sent earlier today regarding vaccine exemptions,” Blatt wrote. “We are working collaboratively with the Governor’s office to issue clear guidance to counties on how to comply with Executive Order 7-25.

The Governor’s 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.”

A request for comment from the Governor’s Office was not returned.