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Tipsheet

Virginia AG Crushes Vaccine Mandates at Public Universities

AP Photo/Steve Helber, File

Virginia Attorney General Jason Miyares issued a legal opinion this week addressing the issue of vaccine mandates at state institutions of higher education.

The issue at hand was whether or not in-state colleges and universities could require the vaccine “as a general condition of enrollment or in-person attendance.”

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“A prior Opinion of this office…concluded that the ‘broad specific and implied discretion’ granted to institutions of higher education in § 23.1-1301 and other statutes contained in Chapter 13 of Title 23.1 permitted public institutions of higher education to condition in-person attendance on receipt of an approved COVID-19 vaccine. That opinion, however, failed to consider § 23.1-800,” a statement from the attorney general’s office said. 

“As recognized in the prior opinion, ‘[t]here is no question that the General Assembly could enact a statute 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,” the statement continued. 

While public institutions of higher education assisted health departments in administering the vaccine, “the legislation did not grant such institutions power to impose vaccine requirements.” 

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Miyares concluded that without the authority to mandate the Covid-19 vaccine from the General Assembly, Virginia colleges and universities cannot make the jab a condition of enrollment or in-person attendance. 

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