Judge may rule today in W.Va. vaccination dispute

Friday September 28, 2012 3:00 AM

MORGANTOWN, W.Va. (AP) — A high school senior kept out of the classroom over her refusal to get mandatory immunizations is set to appear in Randolph County Circuit Court.

Olivia Hudok and her father, Phil, are challenging the school district's decision to deny her access to the Pickens School, a tiny elementary and high school where Olivia is one of three seniors.

Judge Jaymie Godwin Wilfong is set to hold a hearing on their complaint Friday morning.

Olivia is currently being home-schooled by her dad.

The school district wants the Hudoks' complaint dismissed. It argues the state Department of Health and Human Resources should have been a defendant, and lawsuits against state agencies must be filed in Kanawha County.

The state attorney general's office has filed motions to intervene and to dismiss.

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