UPDATE 10/17/12 @ 2:20 p.m.
CHARLESTON, W.Va. (AP) -- A Kanawha County judge has dismissed a lawsuit that claimed new vaccination requirements for schoolchildren are illegal.
Circuit Judge Tod Kaufman says in a ruling issued Wednesday that the Department of Health and Human Resources' rule is consistent with state law and doesn't exceed the Legislature's limits on interpretive rules.
Delegate Patrick Lane filed the lawsuit on behalf of six families. The lawsuit argued that the DHHR can't require additional vaccines without the Legislature's approval.
Lane didn't immediately return a telephone message Wednesday.
Beginning in the fall, seventh-graders and 12th graders must be vaccinated for tetanus, diphtheria, pertussis and meningitis. Those who aren't vaccinated cannot attend public schools.
The lawsuit recently filed with the state Supreme Court claims the DHHR overstepped its authority.
Delegate Patrick Lane represents the plaintiffs. The Kanawha County Republican say the DHHR can't require vaccines without the Legislature's approval.
Students in West Virginia who are entering the 7th and 12th grade are required to have two vaccinations before they are allowed to attend public or private schools.
The two immunizations are the TDAP which is tetanus, diphtheria, and whooping cough; the other immunization is for meningitis according to the Kanawha County Health Department.
Susan Jordan with the Kanawha County Heath Department say these are new requirements designed to keep children's healthy and safe.
"We're seeing an increase in pertussis popping up across the nation and to protect them from transmitting and spreading pertussis not only amount their population, but the population of infants and the elderly which may be more susceptible to those diseases," Jordan said.
The immunizations are available at your family doctor and the Health Department.
The health department will continue the walk in vaccination clinics throughout the month. The next one is scheduled for Wednesday, August 8.
If you don't have the proof, your child will not be enrolled in class.
The Kanawha-Charleston Health Department is holding walk-in vaccination clinics.
They are set for Aug. 6, 8,10, 14 and 20 from 8 a.m.to 4 p.m.
On Aug. 13, the department will hold a clinic from 8 a.m. to 6 p.m.
All of the clinics are being held at the health department office along Lee Street in Charleston.
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