CHARLESTON – The elected leaders of Berkeley County Schools will continue to follow West Virginia’s law requiring certain immunizations for students entering schools in August despite the legal threats from a local lawmaker, Del. S. Chris Anders, R-Berkeley.

In a statement Friday morning, Berkeley County Schools said it would continue to follow State Code 16-3-4, requiring children attending public and private 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.

“Berkeley County Schools is committed to operating within the boundaries of West Virginia law and following guidance from state agencies,” the county board said. “While we recognize there are differing views regarding West Virginia Code §16-3-4, the Governor’s Executive Order, and directives from the West Virginia Board of Education, we are obligated to follow what we understand to be the controlling and enforceable law until further clarification is provided by the courts or Legislature.”

The West Virginia Board of Education held a unanimous vote on June 11 requiring State Superintendent of Schools Michele Blatt to issue guidance to county school systems that they follow the current state code on school-age vaccinations for the 2025-2026 school year after Gov. Patrick Morrisey signed an executive order in January allowing for religious and conscientious objections to the state’s school vaccination mandates.

The Morrisey administration released guidance to parents and schools in May requiring counties to honor religious exemptions granted by the state Department of Health. The ACLU-WV filed suit that same month challenging the legality of Morrisey’s executive order.

Raleigh County parent Miranda Guzman filed a lawsuit last month on behalf of her child seeking a preliminary and permanent injunction against the state board, Blatt, and the Raleigh County Board of Education requiring county schools to follow Morrisey’s executive order. Morrisey joined Guzman’s attorney, noted vaccine requirement opponent Aaron Siri, at a June press conference announcing the lawsuit.

The Berkeley County Board of Education could be forced to defend itself in a lawsuit if Anders makes good on his legal threat. He sent an email to county board members Wednesday to “demand compliance” with Morrisey’s religious vaccine exemption executive order.

“Governor Patrick Morrisey has issued clear and unambiguous Executive Orders requiring that school districts across West Virginia recognize and honor both religious and philosophical exemptions to forced vaccination,” Anders wrote. “These orders are not suggestions – they are legally binding directives issued by the highest executive authority in the state.”

Anders said Morrisey’s vaccine exemption executive order is in line with House Bill 2129, passed during the recent 60-day regular legislative session, creating a Parent’s Bill of Rights. That bill states that parents have the right to direct the education and religious training of their children, as well as the right to make health care decisions for their children “unless otherwise prohibited by law.”

“Let me be clear: neither unelected bureaucrats nor elected officials have the authority to override the natural, God-given rights of parents to make medical decisions for their children,” Anders wrote. “West Virginia Code, along with the newly passed Parents’ Bill of Rights, affirms that parents – not the state – hold primary responsibility for the upbringing, education, and medical care of their children.

“Your continued refusal to honor religious and philosophical exemptions is not only an act of lawlessness, it is a direct assault on liberty,” Anders continued. “You do not have the power to compel medical procedures under the color of government, especially when those procedures violate the deeply held convictions of West Virginia families.”

Anders said if the Berkeley County Board of Education insists on following state law for school-age immunizations, he and others would pursue all legal options to stop the board, as well as place political pressure on the elected non-partisan board. Despite these threats, the Berkeley County Board of Education said it was willing to discuss its decision with the public.

“Even in areas of disagreement, we remain committed to respectful dialogue and to serving the families of Berkeley County with integrity, consistency, and care,” the board members said.