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 administrators within 24 hours.
For those same reasons, local states attorneys are also mandated to share the outcome of these cases so school officials can plan accordingly - such as having 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, specifically Delegate Courtney Watson, and Senators Katie Fry Hester and Senator Clarence Lam, all representing Howard County.
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 2023 attempted murder conviction in Anne Arundel County, where he also attended school at the time.
"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," Hester told WMAR-2 News.
After a stint in DJS custody, the student transferred to Howard High School.
Howard County Superintendent William Barnes said he was never made aware of the student's violent criminal history.
“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."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," Barnes continued.
According to state law, Anne Arundel County's Superintendent could have shared information about the student's offense with Barnes, although it's unclear if they ever knew of the student's transfer to Howard County.
Bob Mosier, a spokesperson for Anne-Arundel County Public Schools said the school system responded to records requests, none of which came from Howard County.
"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."
Anne-Arundel County State's Attorney Anne Colt Leitess said the information should've been passed along to Howard County by DJS, although the law is unclear if DJS would've been allowed to share the information.
"Generally, where juvenile dispositions involve commitment to the DJS and placement in a juvenile facility, the juvenile receives their education in that facility. After discharge from a juvenile facility, a juvenile’s educational record would come from that facility. Which would mean at the time that a juvenile is released and re-enrolling in a school, those educational records follow the juvenile to their new school."
In an attempt to close this loophole, at least in terms of school communications, the State Department of Education on Tuesday issued a set of new directives, requiring public school superintendents to confidentially share pertinent information on troubled youth during the transfer process.
The new regulation states: "If the student was convicted, found delinquent, or the charge or petition is still pending, a local superintendent or school principal shall transmit the information obtained as a confidential file to the local superintendent of another public school system or to another nonpublic school in the state in which the student has enrolled or transferred."
The change comes in the form of an emergency regulation, which is only good for 180 days, unless formally approved and adopted.
A breakdown of Maryland's regulatory process
Maryland State Schools Superintendent, Dr. Carey Wright, went over some things the new policy does not cover.
"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."
Those independent education programs include DJS' own school system called the Juvenile Services Education Program (JSEP).
Meaning under the new school policy, DJS wouldn't be required to inform school superintendents about 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," explained Dr. Joshua Michael, president of the State Board of Education. “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," Wright told reporters Tuesday afternoon.
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"
