02.07.01

By Olympia Meola

Young criminals may no longer be able to keep their secrets from school officials.

Juveniles suspected in arson, bomb or weapon-related crimes would have to share their criminal record with school officials under a bill that passed the House of Delegates by an 86-12 vote.

The measure would allow school resource officers, often a police officer, to access student records if the minor was suspected or convicted of such a crime.

The bill’s sponsor, Delegate M. Kirkland Cox, R-Colonial Heights, said he proposed the legislation after officials at Manchester High School uncovered a student plot to bomb the building.

"If the principal knew there was a kid suspected of arson – if something like this happens," Cox said, "he could direct attention to the kid."

Delegate Anne G. "Panny" Rhodes, R-Richmond, questioned the bill’s definition of suspect. "There’s a lot of difference between a suspect and those who are charged," she said.

Lawmakers also expressed concern about the privacy of the student’s information once a school official knows the juvenile’s record.

In the case that a school lacks a resource officer, the principal may learn of the information. When principals have information about a student, problems could arise since the administrator is not a member of law enforcement and traditionally not allowed to view confidential material.

A teacher, Cox told the House, should have a right to know if a student could cause harm. He cited occurrences in which the police pull people out of class to arrest or interrogate them, leaving the teacher with only ideas of the student’s situation. The bill cites releasing the minor’s record for the protection of the juvenile, his classmates and school personnel.

But some legislators challenged the bill’s confidentiality guarantee on many levels. Questions arose about where the files would be kept and if they would be separate from the regular files.

Currently in the commonwealth, a minor’s confidentiality rights are protected by anonymity in newspaper identification and by restricted access to personal information. This bill may be opening new doors on the issue of juvenile and student confidentiality.

Rhodes questioned how tight-lipped the principal or resource officer would be in the case of a potentially dangerous student.

"Why, for my own sake, would I not be notifying (teachers)?" Rhodes asked. "Why would I not feel compelled to go tell all the teachers in all the classes that this child may be a suspect?"

The bill does not contain any penalties for a school official who leaked student information to unauthorized persons.