HB5338 would create the “Health Freedom for Teachers and Students Act of 2026” and prohibit West Virginia public schools from requiring immunizations, injections, medical treatments, or medical procedures as a condition of employment for school employees or as a condition of enrollment for students. The bill also bars coercion or intimidation by school employees to obtain such immunizations or treatments. The teacher/school employee provision would take effect immediately upon passage.
The bill amends the state’s existing student and school personnel “Bill of Rights and Responsibilities” section to add the new student medical-freedom language while leaving the rest of that section intact. It also adds a new section to the teachers’ bill of rights article to extend the same protection to school employees. In practical terms, the bill would limit the ability of school systems to impose vaccine or other medical mandates on employees or students, and would override contrary policies to the extent of state law.
Impact
HB5338 would change West Virginia education law by expressly prohibiting public schools and school employers from conditioning school attendance or employment on compliance with immunization or other medical treatment requirements. It would affect school districts, administrators, teachers, other school employees, students, and families by restricting local mandate authority and creating a state-level statutory protection against compulsory medical requirements in schools. The bill would also amend an existing code section governing student and school personnel rights, embedding the new prohibition into the state’s education code.
Sentiment
The bill’s framing suggests strong support among proponents of medical freedom and parental/employee choice, but the available record does not include committee debate or recorded votes. Based on the bill text, the measure is presented as a rights-based education policy emphasizing individual autonomy and freedom from coercion. Because there is no transcript or vote history provided, there is no documented opposition or bipartisan sentiment in the available materials.
Contention
The main point of contention is likely whether the state should prohibit all school-based immunization or medical-treatment mandates, including for students and employees, regardless of public health considerations. Supporters would likely view the bill as protecting bodily autonomy, religious or personal freedom, and employment/enrollment access. Opponents would likely argue that it could limit school and public-health responses to communicable disease risks and reduce flexibility for local school systems to maintain safe environments. No specific legislators or stakeholder groups are identified in the provided record, but the issue inherently pits medical freedom against public-health and school-safety concerns.