RICHMOND, Va. — Virginia's new attorney general says state colleges and universities cannot require students to get vaccinated against COVID-19.
Republican Attorney General Jason Miyares issued his legal opinion this week in response to a request by Governor Glenn Youngkin.
This is Miyares' first legal opinion as the Commonwealth's attorney general.
Many of Virginia’s public colleges and universities have required students to get COVID-19 vaccinations.
Norfolk State University, Old Dominion University and William & Mary currently require students to be vaccinated and receive a booster shot, unless they qualify for an exemption.
Miyares argues that colleges and universities don't have the authority to require student vaccinations because state lawmakers have not passed legislation specifically mandating them.
“Although the General Assembly specifically authorized public institutions of higher education to assist the Department of Health and local health departments in the administration of the COVID-19 vaccine, the legislation did not grant such institutions power to impose vaccine requirements,” Miyares wrote.
That opinion goes against the position of Miyares’ predecessor Democrat Mark Herring.
Last April, Herring said boards of visitors of Virginia’s higher education institutions have been granted broad authority by the General Assembly to implement policies and regulations to protect the safety and welfare of students.
Herring also noted that there is no federal law prohibiting Virginia colleges and universities from imposing a vaccine requirement.
Miyares wrote Herring “failed to consider” Virginia Code 23.1-800 listing specific immunizations required of students prior to enrollment.
The list does not include COVID-19 vaccines, and Miyares argues, “the more specific statute governing student vaccination, takes precedence over the more general authority provided to boards.”
Miyares said the General Assembly could enact a law requiring COVID-19 vaccinations for in-person learning.
“But as of this writing, it has not done so,” he wrote.
According to the website for the Office of Attorney General of Virginia, “official opinions are legal advice,” and that they are not rulings and do not create or change the law.
At least six public colleges dropped their vaccine requirements for employees after Youngkin issued an executive order rescinding the vaccine mandate for employees of state government agencies.
A spokesperson for William & Mary said the university is "analyzing the opinion."
A Norfolk State representative said it, “strongly encourages its students and faculty to get vaccinated and to get a booster when it is required," and noted nearly 90% of students on campus are vaccinated.
At Christopher Newport University, a spokesperson said, “We are aware of the AG opinion and are still assessing the impacts for us and will have more information early next week."
To read Attorney General Miyares' legal opinion on vaccine mandates, click here.