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OP ED: Governor’s Orders Can’t be Trumped by Bureaucrats

Op Ed by Op Ed
Monday, May 5, 2025 12:07 pm

State Superintendent of Schools Michelle Blatt issued a memorandum to all county superintendents late last week that directly challenged the authority of Governor Patrick Morrisey’s Executive Order 7-25, signed in January 2025. That Executive Order granted West Virginia families the right to obtain religious and philosophical exemptions from mandatory vaccination requirements for school attendance. Superintendent Blatt quickly rescinded the memo, but it’s worthwhile to note it not only was misguided, but it also served as an open attempt to undermine lawful executive authority. 

I will not sit quietly while state agencies act as though they are above the law. Let’s be clear: the Executive Order still stands. It does not hinge on whether or not a bill passed during the legislative session. Executive Orders issued by the Governor are binding unless overturned by the courts or directly superseded by statute. Neither has happened.

Superintendent Blatt’s memorandum claims “county boards must continue to adhere to existing West Virginia State Code and State Board Policy.” It goes on to state “no changes to current immunization requirements for school enrollment” have taken place. She essentially instructed county boards and personnel to ignore the Executive Order entirely.

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That was not an interpretation, it was outright defiance — unlawful defiance. It is not within the rights of the State Board of Education, nor any County Board of Education, to pick and choose which legal directives to follow. Their role is to implement law, not to rewrite it based on personal or political preferences. This persistent overreach by unelected bureaucrats, who act as if their authority exceeds that of the Governor or Legislature, must stop now.

The Governor’s Executive Order was issued to restore basic freedoms to West Virginia parents, especially those whose children are medically vulnerable or have already suffered from adverse vaccine reactions. In West Virginia, obtaining a medical exemption is so difficult that many families are left without any option or voice. That’s unacceptable. The Executive Order created a vital pathway for parents to protect their children based on sincerely held religious beliefs or philosophical objections — rights that are recognized in nearly every other state in the nation.

The guidance briefly issued by Superintendent Blatt attempted to erase those rights by telling schools to ignore the Governor’s directive and continue enforcing a one-size-fits-all mandate. Her memo disregarded the dire reality many West Virginia families face and effectively tells them the government knows better than their conscience or their doctor.

See also  Free Market Principles in Medicaid Managed Care Will Save WV Money

Superintendent Blatt’s memo was wrong, both legally and morally. The Executive Order remains in effect and should be enforced. School boards do not have the legal authority to defy the Executive Branch, and no bureaucrat has the power to erase parental rights with a single-page memo.

Parents of West Virginia: you are entitled to the exemptions granted under Executive Order 7-25. You do not need to ask permission from your local superintendent or be bullied by a school nurse or administrator. Stand firm. Exercise your rights. Know that I, and many of my colleagues, are fighting to hold these agencies accountable.

To the West Virginia Department of Education: this ends now. You don’t make law. You follow it.

Delegate Kathie Hess Crouse, R-Putnam, has served in the West Virginia House of Delegates since November 2021. She serves as Chairman of the House Subcommittee on Educational Choice.

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