Hearing Set in Challenge to W.Va. Vaccination Law

ELKINS, W.Va. (AP) -- A Pickens High School senior kept out of the classroom over her refusal to get mandatory immunizations may get to argue her case in court this week.

Randolph County Circuit Judge Jaymie Godwin Wilfong has scheduled a 10 a.m. hearing Friday in Elkins.

Olivia Hudok and father Phil sued the county school board and Superintendent James Phares earlier this month, demanding a religious exemption.

Meantime, she's being home-schooled by her dad.

Phares said Tuesday the district has filed a motion to dismiss, arguing the Department of Health and Human Resources should have been a defendant. The motion also says cases against state agencies must be filed in Kanawha County.

The attorney general's office is seeking to intervene and seeking dismissal for similar reasons.

The InterMountain (http://bit.ly/QzCYtl) first reported the dispute.

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