AG Miyares: Virginia colleges can’t mandate COVID-19 vaccine for students

Virginia Attorney General Jason Miyares issued an opinion on Friday that says Virginia’s public universities “cannot require the COVID-19 vaccine as a general condition of students’ enrollment or in-person attendance.”

“Absent specific authority conferred by the General Assembly, public institutions of higher education in Virginia may not require vaccination against COVID-19 as a general condition of students’ enrollment or in-person attendance,” Miyares wrote in the opinion.

It’s unclear how this will impact Virginia’s state schools in the meantime, as the opinion is only advisory and non-binding, the Virginia Mercury reported.

Miyares says that the General Assembly sets specific immunization requirements for students to enroll in public schools, but the COVID-19 is not included.

“Over the course of the COVID-19 pandemic, the General Assembly has amended other statues to address pandemic-related issues,” Miyares said. “To date, the General Assembly has not amended the specific immunizations enumerated in (state code) to include immunization for COVID-19, and boards of visitors may not exercise and implied power to require ja certain vaccine when a specific statue governing vaccination excludes it.”… (Excerpts from the 10 Wavy.com)