Calls for legislative change continue to grow after FOX45 News reported a communication gap surrounding how information about students’ criminal records is shared.

The Maryland State Board of Education adopted an emergency policy change regarding how information about students’ criminal records is shared among school districts, but one school system is not included in the new requirements, and it’s up to lawmakers to make a change.

When the School Board adopted the emergency policy change, Maryland State Superintendent Carey Wright said the Maryland State Department of Education, MSDE, would continue to review laws, but said the information sharing was an important step.

Not included however, is the education system within DJS incarceration settings. It’s called the Juvenile Services Education Program, or JSEP. Superintendent of JSEP Kimberly Pogue said while her agency shares students’ education records with public schools when the student goes to re-enroll, their criminal history isn’t included.

“There would need to be some statutory changes that would require or treat JSEP as a local educational agency because we’re currently not considered one in the statute,” Pogue said during an exclusive interview for FOX45 News In Depth.

A spokesperson for MSDE said it would take action from the General Assembly to require information sharing from JSEP, and that was something Wright and the Board of Education were exploring.

“Dr. Wright and the State Board both believe that Superintendents and designated school officials should be provided with relevant information in accordance with mandatory reporting rules when a student transfers to a new school in Maryland,” the spokesperson said via email. “This should include JSEP, and we are actively partnering with state officials to identify the best way to close this communication gap.”

The information discussed includes reportable offenses, which are a list of offenses that must be reported to the school district by the arresting law enforcement agency within 24 hours if the crime took place off campus. Such reportable offenses include homicide, attempted homicide, carjacking, arson and several others.

To require JSEP to comply with the new information sharing requirements, JSEP Superintendent Pogue said that would mean her agency would need to have the students’ criminal records, and currently, they do not.

“Of course, we know that if they’re with us, there has been some sort of activity. But we don’t have the details as to why a student has come to JSEP,” Pogue explained.

When asked if the details of why the students were in a DJS facility to begin would be helpful, Pogue paused and said perhaps for the social workers but said it wouldn’t really change anything for teachers.

David Williams, president of the Taxpayers Protection Alliance, said information needs to be proactively shared, especially from agencies receiving tax dollars.

“It needs to be fixed. Taxpayers are spending money for a program to help juveniles. They want results. They don’t want excuses,” Williams said. “They don’t want non transparency, they want results. And when again, when there is a problem, they want to see it fixed.”

This information sharing gap isn’t the first time FOX45 News started digging into DJS and found information holes. Recently, FOX45 News reported that there is a difference between electronic monitoring and GPS monitoring, despite DJS never making that distinction previously.

As of Oct. 24, there are 105 juveniles on electronic monitoring statewide, according to DJS; there are 118 juveniles on GPS monitoring. That means there are 223 juveniles in Maryland wearing an ankle monitor, under DJS supervision.

When asked why the agency has never made it clear there are different types of ankle monitors, DJS Deputy Secretary for Community Services Lisa Garry said it was not the intention of the department to mislead the public or partners.

“I think we can do a much better job educating about who the kids are on the various levels of supervision, why they are on those levels of supervision, and what we do in response to providing supervision,” Garry told FOX45 News. “We haven’t really taught the public as well as I wish we could. We are working on that now.”

The ankle monitors for electronic monitoring and GPS monitors are similar devices, according to Baltimore-area defense attorney Jeremy Eldridge. A GPS monitor provides specific details about where the person wearing it is, and the location can be pinpointed. Electronic monitoring allows for geo-fencing, Eldridge said.

“Can the child go to school? We know the child is at school. Can the child go home? We know the child is at home,” Eldridge explained. “These two things can be used to restrict movement of a juvenile.”

During a previous interview with FOX45 News, DJS Secretary Vincent Schiraldi touted the effectiveness of ankle monitors, noting there is a 94.6% success rate, according to the latest statistics.

However, Eldridge pointed to the number of instances that have been reported of young people committing crimes while wearing ankle monitors. The ankle monitor has to be functional, there has to be someone watching the movement and compliance of the juvenile wearing the monitor, and the court system must be engaged to work to bring the juvenile back in compliance for the whole system to be considered successful, Eldridge said.

“If all of those cogs in that wheel, we have systemic failure which frankly, even with a 94% efficiency, if 6% isn’t working, the system is broken,” Eldridge said.

When asked about the examples of young people seemingly not viewing ankle monitors as deterrent for more crime, Secretary Schiraldi said the statistics prove otherwise.

“They are working 94.6% of the time, so 19 out of 20 times. I don’t think that’s a catch and release policy,” Schiraldi said. “Most of the time, but not all of the time because nothing is 100%, they don’t re-offend.”

While MSDE said their department was exploring legislative changes to require JSEP to share details, it’s unclear if lawmakers are drafting legislation to make that happen. Questions to the offices of House Speaker Adrienne Jones and Senate President Bill Ferguson were not immediately answered.

“We’re not part of the conversation currently. Again, we’re not notified of reportable offenses as students transferred to us,” Pogue said. “We know that they’re with us and we just want to make sure we have the educational records.”

Have a news tip? Contact Mikenzie Frost at mbfrost@sbgtv.com.