West Virginia public schools will not accept religious exemptions from compulsory-vaccination requirements for the 2026-2027 school year, forcing some parents to choose between violating their religious convictions and removing their children from the government-school system.
Although families may still apply for religious exemptions through the state Department of Health, public schools have been directed not to honor resulting certificates. “You can apply for one, and they will give you a certification from the medical director, but they’re not accepted in the schools,” West Virginia nurse Jennifer Lilly told WTAP.
Under West Virginia Code §16-3-4, children entering state-regulated childcare centers or public, private, or parochial schools must be vaccinated against chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and whooping cough. The statute currently authorizes exemptions only when a licensed physician provides medical evidence that a vaccine is contraindicated or requires a specific precaution.
Governor Patrick Morrisey issued Executive Order 7-25 on January 14, 2025, directing state health officials to establish a religious-exemption process based on the First Amendment, West Virginia Constitution, and the state’s Equal Protection for Religion Act of 2023. The West Virginia Board of Education directed county school systems to follow §16-3-4 as written, arguing that the Legislature had not expressly added religious exemptions to the compulsory-vaccination statute. The Department of Health continued processing exemption requests, but the board refused to recognize certificates.
Parents challenged this policy in Raleigh County Circuit Court. In November 2025, Judge Michael Froble issued an injunction allowing families with sincere religious objections to claim exemptions. The West Virginia Supreme Court of Appeals stayed that ruling on December 2, 2025, prompting the Board of Education to reinstate its policy of refusing religious-exemption certificates until court guidance is provided.
In May, Morrisey filed an amicus brief with the state Supreme Court arguing parents should not be forced to choose between their religious beliefs and children’s education. “This case is not about whether vaccines are effective or whether families may choose them,” Morrisey stated. “It is about whether the government can ignore a law designed to protect sincere religious exercise.”
In January 2026, West Virginia lawmakers introduced House Bill 4947 to provide religious, conscientious, and personal exemptions from compulsory immunization requirements. The bill was referred to committee and has not been enacted. Some parents are exploring educational alternatives such as FreedomProject Academy, which offers greater control over children’s health, education, and moral formation. Initiatives like the John Birch Society’s Save Our Children project encourage parents to withdraw children from government schools and work toward ending the state-run school system.