Superintendent: district will continue enforcing WV immunization code; medical exemptions only
Summary
Superintendent told the board Berkeley County Schools has not been directed to stop enforcing West Virginia Code 16-3-4 and will continue to follow district immunization policy; the district stated the compulsory law recognizes only medical exemptions and referenced a Sept. 24, 2025 circuit court order filed in litigation involving the district.
The Berkeley County Schools superintendent updated the board on Dec. 1 that, absent an authoritative directive, the district will continue to enforce West Virginia Code 16‑3‑4 and its local immunization policy.
District leadership said the compulsory school immunization statute provides only a medical exemption and does not recognize a religious exemption. The superintendent referenced a Berkeley County Circuit Court order dated Sept. 24, 2025 in litigation involving the district and said the statute itself has not changed and the district will follow the law until instructed otherwise by an appropriate court or the State Board of Education.
The board did not take formal action on immunization policy at the meeting; several parents used the citizen‑comment period to press the board about religious exemptions and a judge’s order they said applied statewide. Board members repeatedly stressed that they could receive comment during citizen input but could not deliberate or vote on matters raised from the public comment portion of the meeting.
What happens next: district officials said they are monitoring legal developments and will comply with any binding directive from a court or the State Board of Education.
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