A Mercer County student whose family objected to new mandatory vaccinations will be schooled at home while a Kanawha County court decides the vaccination issue, the student’s attorney said Friday. A hearing was conducted on Sept. 25 in Mercer County Circuit Court concerning whether a student had to take two new state-mandated vaccinations, said the student’s attorney, Patrick Lane.
“Within a few hours, we got phone calls from the court stating that the board of education was going to be ordered to provide education because the child has a fundamental right to education under our West Virginia Constitution,” Lane told the Bluefield Daily Telegraph. “Because of the judge’s caseload, it took a few days to draft the order.”
“The upshot of the order is the court found that the student does have a fundamental right to an education and the board must provide education to the student,” Lane said. “We had to show that we are more than likely to succeed on the underlying merits of the case just to get the injunction.”