Schools Must Share Criminal Record of Enrolling Students

Following the approval of an emergency action by the Maryland State Board of Education (MSBE), education officials are now required to share information if a student has a record with a reportable criminal offense.

During the MSBE meeting on Tuesday, board members voted to approve an emergency update to COMAR, requiring school officials to be notified if a student charged with a serious criminal offense is about to enroll in their facility. The mandate specifically requires school superintendents to notify the principal and security officer of the exact location as well as the Superintendent of another school district if the child transfers. The same mandate is required if the student moves to a nonpublic program.

From the State Superintendent’s letter to local education agencies:

Effective immediately, upon notification by the States Attorney or law enforcement of a student who has been arrested for a reportable offense or an offense that is related to the student’s membership in a criminal organization (Md. Code, Education §7-303), the Superintendent shall immediately inform the school principal, and for a school that has a school security officer, the school security officer.

In addition, if the disposition of the reportable offense was a conviction, an adjudication of delinquency, or the criminal charge or delinquency petition is still pending, a local superintendent or school principal shall transmit the information obtained under the reportable offense regulation (COMAR 13A.08.01.17 School Use of Reportable Offenses) 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 has transferred, to carry out the purposes of this regulation.

Additionally, Superintendents shall ensure that all records have been sent in a confidential file for a student enrolled in your local education agency since the start of the 2023-2024 school year with a reportable offense and who has transferred to another public school system or to another nonpublic school in the state.

Watch the full MSBE meeting and review the agenda.