ANNAPOLIS, Md. — A murder allegedly committed by a Howard County high school student has led to major policy change.
Under Maryland law, disclosure of juvenile criminal records are all but prohibited.
There are, however, some exceptions.
When a student is arrested for a crime outside of school, state law requires police to notify the student's school superintendent and prinicpal of the arrest within 24 hours, in order to maintain a safe school environment for students and staff.
For those same reasons, local states attorneys are also mandated to share the outcome of these cases so school administrations can plan accordingly - i.e. arrange to have the student learn virtually.
But a loophole in the information-sharing process has resulted in a communication breakdown, which could've turned dangerous.
The issue has gotten the attention of the Maryland State Legislature.
At the heart of the matter is the discretion some school superintendents have to share a student's criminal background with other superintendents when a student transfers schools.
Earlier this month, a 17-year-old Howard High School student was charged with a man's murder in Columbia.
RELATED: Howard High School student arrested after man's body found in car in Columbia
Turns out, he was already under the supervision of Juvenile Services (DJS), and wearing an ankle monitor for a previous attempted murder conviction in Anne-Arundel County in 2023.
The student attended another public school in Anne Arundel County at the time of his arrest.
After a stint in DJS custody, the student transferred to Howard High School in Howard County.
Howard County Public School System Superintendent William Barnes said he was never made aware of the violent nature of the student's criminal conviction.
“We knew that we had a student from a neighboring district who was enrolling in our school system last spring, and receiving support from the Department of Juvenile Services. We did not know, because no additional information was disclosed to the school system by the Department of Juvenile Services, the history or nature of the student’s prior alleged crimes," Barnes said at a press conference last week.
“We learned yesterday, following the bail hearing, of very serious alleged violent offenses in this individual’s past. If this information and data had been available to me prior to yesterday, I assure our community that I would not approve of placement at Howard High School. Good decisions are predicated on accurate data, and I know now that there is important data not available to the school system that informs our placement.”
According to state law, the Anne Arundel County Superintendent could have shared information about the student's offense to the Howard County superintendent, although it's unclear if they ever knew of the student's transfer to Howard County. They can also only share the information that they have, which is provided to them by DJS.
Bob Mosier, a spokesperson for Anne-Arundel County Public Schools said, "Anne Arundel County Public Schools received the proper documentation to withdraw the student in March 2023. As is our practice, we responded with the requested records. The request did not come from the Howard County Public School System."
Since the student transferred from DJS custody to the Howard County Public School System, it is not clear if DJS would be allowed to share the details of the student's criminal offense and conviction with his new school, due to state confidentiality laws.
In an attempt to close the communication gap, at least between schools, on Tuesday, the State Department of Education issued a set of new directives, requiring superintendents at public schools to confidentially share pertinent information on troubled youth during the transfer process to another public school in the state.
The change comes in the form of an emergency regulation, which is only good for 180 days, unless formally approved and adopted.
Maryland State Superintendent of Schools, Dr. Carey Wright, said in announcing the policy change:
"It has come to our attention that our regulations allow for, but do not require, communication between school districts in such cases. The change we are proposing today through emergency regulations will help to close that communication gap.
While I will not comment on a minor’s specific enrollment status at this time, I want to note that today’s action only addresses direct student transfers from one Maryland public school system to another. It does not address students with juvenile criminal records or allegations who come to Maryland schools from independent education programs, out-of-state placements, non-public schools, or other placements."
Independent education programs also includes the Department of Juvenile Services own school system, called the Juvenile Services Education Program (JSEP). That means DJS is not required to inform school superintendents about the details of a student's criminal conviction.
"This policy itself that we passed today does not cover all contingencies. It does not cover where we don’t have jurisdiction. We are specifically looking at public school-to public school in the state," Dr. Joshua Michael, president of the State Board of Education, explained. “We are deeply committed to working with our partners at DJS and other stakeholders to improve the communication so that our superintendents have as much information that they need to make the best decisions in terms of placements, to ensure the safety of all students.”
"I think we’re going to have to expand what’s currently written in policy," Dr. Wright told reporters Tuesday afternoon.
Mosier, the spokesperson for Anne-Arundel County Public Shoolcs, responded to the policy change by saying, "Anne Arundel County Public Schools is fully supportive of measures to make our schools and, by extension, our communities safer places for children. Today’s action by the Maryland State Board of Education is a step forward in that process. This is an issue that merits further broad and intense discussion among entities responsible for bringing about necessary change, including school system, law enforcement, and elected officials."
The emergency regulation change was prompted by a letter from three Howard County lawmakers: Delegate Courtney Watson, Senator Katie Fry Hester, and Senator Clarence Lam.
"As the mom of a student currently in a Howard County public high school, I was shocked to hear about the arrest. As soon as we realized there was a problem in the regulation, we identified a solution and we wrote to the MSDE over the weekend," Sen. Hester told WMAR-2 News on Tuesday.
“They provided some really clear feedback, and when we considered it, there was a clear path for us to take in terms of making one change today that doesn't solve all the problems, but it does close some of the gaps. And so when we saw that opportunity and given circumstances, we said, let's move swiftly to close this and to open up this line of communication," Dr. Michael said of the letter.
Reacting to the announcement, Sen. Hester said she was "thrilled" by how swiftly MSDE responded.
"This is how government is supposed to work," she said.
The new policy comes as juvenile crime remains a hot-button issue across the state, especially in Baltimore City.
Some have placed blame on DJS Secretary Vincent Schiraldi, with many calling for his firing or resignation over what they consider a lack of juvenile accountability. He told WMAR-2 News last week he does not plan on stepping down.
"“I try everyday to improve public safety in those folks’ communities, and I’m staying here and working hard every day, as long as the Governor will have me."
MORE: "We are outraged, exhausted with and traumatized by the dysfunction of Vincent Schiraldi’s DJS"
