Emergency policy would require superintendents to share info on transfer students' criminal past
New emergency regulations in Annapolis would create rules to require school superintendents to share information about a transfer student's criminal history.
The Maryland Joint Committee on Administrative, Executive and Legislative Review (AELR) held a virtual legislative hearing Wednesday following an 11 News Investigates story that exposed a gap in the sharing of information about a 17-year-old Howard County transfer student with a criminal history.
Current state law prohibits the Maryland Department of Juvenile Services from sharing information about a student's criminal history with school officials – and it will take legislative action to change that.
'There is a break in the information chain'
Maryland State Schools Superintendent Carey Wright appeared before the committee to confirm there is a gap in the sharing of such information.
"When students are detained, there is a break in the information chain," Wright said. "Unfortunately, it is not in the state board's power to address this gap in information sharing because it would require a legislative fix."
"When that person, a justice-involved youth, is engaged with DJS, that is where the chain of information is breaking," said Joshua Michael, the president of the Maryland State Board of Education.
The committee met to discuss making new rules permanent to require school superintendents to share a transfer student's criminal history with other superintendents. But the new regulations don't include the DJS school superintendent.
"The purpose of the reportable offense law is not to punish the student, but instead to provide the local education agency, and ultimately, the principal information that may impact the safety dynamics within the school community," Wright said.
11 News Investigates reports uncover gap in information sharing
The gap in information sharing was uncovered as 11 News Investigates reported on the October arrest of Tracee Parker, a 17-year-old student at Howard High School in Howard County.
Before he was transferred to Howard County, Parker was convicted of attempted murder while a student in Anne Arundel County, for which he served time in the DJS system.
Howard County police arrested Parker – who was wearing a DJS ankle monitor — in school on murder charges in connection with a Columbia homicide. Authorities said officers found a ghost gun in the teen's backpack.
Howard County school officials said they couldn't believe they were not told about Parker's criminal history, and that if they had been aware, they said they would have taken steps to protect the school community.
Vote postponed: Here's why lawmakers are concerned
The legislative committee postponed a vote on making the emergency regulations permanent. Lawmakers raised questions and concerns about whether the policy goes far enough.
Some committee members also expressed concern that the definition of a non-public school was vague, as well as the rules regarding who gets notified.
"I would urge you to go back and take another look, continue to investigate this issue," Sen. Chris West, R-District 42, whose district encompasses portions of Baltimore and Carroll counties.
Legislators cited issues when it comes to juveniles and the right to privacy and public safety. Some suggested creating a task force to sort it all out.
"Is it possible if the different people have the bits and pieces of information could all get in a room to decide what is the best thing?" Harford County Delegate Susan McComas, R-District 34B.
Lawmakers agreed to introduce legislation to close gaps and provide muscle to the policy changes. A new date to take a vote has yet to be scheduled.
State school leaders release statement
In a statement released Thursday afternoon, Wright and Michael said:
"We look forward to partnering with Gov. (Wes) Moore, the General Assembly, the Department of Juvenile Services and the Juvenile Services Education Program to improve communication and enhance student and school safety.
"Our foremost priority is keeping schools safe places to teach, learn, work and volunteer. In order to ensure the safety for all members of the school community, we believe district leadership must have the necessary information to determine the most appropriate setting when an individual student presents a safety risk."