CHARLESTON, W.Va. (WBOY) — The West Virginia Supreme Court of Appeals has refused to expedite consideration for the Raleigh County case that could impact the future of school vaccine requirements in West Virginia.
The case is No. 25-528, WVBOE, et al vs Miranda G., et al, a lawsuit against the West Virginia Board of Education by several parents over the state’s vaccine requirements to enter public school. Currently, those students are allowed to attend public school in Raleigh County without the state-mandated vaccinations under an injunction granted by the Raleigh County Circuit Court back in July.
The WV Supreme Court of Appeals made the decision to refuse to expedite the case on Sept. 3 and established a timeline for the case, it announced Thursday. The refusal to expedite the case does not mean the court will not hear the case, but it does mean that the case has been pushed until at least the beginning of 2026.
Under the Scheduling Order, the Board of Education must perfect its appeal by Dec. 12 for the appeal to move forward. Once that is submitted, the parents will have 45 days to respond, and after that, the Board of Education will have another 20 days to reply.
Once those deadlines have passed, which according to the scheduling order is Feb. 16, the West Virginia Supreme Court of Appeals will consider hearing the case.
However, this is not the only lawsuit related to vaccine requirements in West Virginia. The ACLU of West Virginia recently re-filed a lawsuit against Gov. Patrick Morrisey’s executive order that calls for vaccine exemptions. And unvaccinated students in several counties, including Gilmer County, are attending school under injunctions similar to the one in Raleigh County.
It’s also a hot topic nationally. Health leaders are concerned after Florida officials announced plans to eliminate childhood vaccine mandates, and Secretary of Health Robert F. Kennedy Jr. is making moves to overhaul the CDC’s vaccine recommendations.
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