January 28, 2022 - Attorney General Miyares Issues Legal Opinion That Public Universities Cannot Mandate COVID-19 Vaccine for Students
Commonwealth of Virginia Office of the Attorney General
Jason S. Miyares Attorney General
202 North 9th Street Richmond, Virginia 23219 804-786-2071 FAX 804-786-1991 Virginia Relay Service 800-828-1120
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RICHMOND, VA – Attorney General Miyares has issued a legal opinion that Virginia’s state institutions of higher education cannot require the COVID-19 vaccine as a general condition of students’ enrollment or in-person attendance.
Attorney General Miyares highlights in the opinion that “as recognized in the prior opinion, ‘[t]here is no question that the General Assembly could enact a statue requiring the COVID-19 vaccine for in-person school attendance.’
As of this writing, it has not done so. Over the course of the COVID-19 pandemic, the General Assembly has amended other statues to address pandemic-related issues.”
Additionally, Miyares writes that “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.”
While Attorney General Miyares is vaccinated and boosted and encourages everyone to get the vaccination, nowhere in the Code of Virginia does the law say that Virginia public institutions can require vaccinations as a condition of enrollment or in-person attendance.
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