A decision by Howard County school officials to kick out a student who didn't meet their unusually tough residency requirements provoked sharp criticism yesterday -- and prompted a stranger's offer to help 16-year-old Danielle Rash.

Officials and community leaders from the county executive to the head of the county's Domestic Violence Center said school officials should readmit Danielle, who left a volatile home life in West Virginia to live in western Howard with her aunt, who is now the girl's legal guardian.

Danielle's plight, reported yesterday in The Sun, also drew the attention of a Baltimore resident who told the girl's lawyer he would secure the more than $6,000 cost of tuition school officials want to charge her for returning to Glenelg High School.

"I'm happy," Danielle said yesterday after hearing of the offer from the man, who asked the lawyer to remain anonymous. "I almost started crying, I was so happy."

But critics of the county's decision said Danielle shouldn't have been forced to withdraw in mid-October. Even two school board members said the system should be flexible.

And other area school districts reported that a person in Danielle's position would meet their requirements, especially in light of a 1997 state law that seems to support her right to go to school where her guardian lives.

"Howard County used to be, if you have legal custody of the child, the child can go to school here," said County Executive Charles I. Ecker. "I think that's the way it should be."

The two candidates for county executive agreed.

"Once the court has granted custody and legal status to an aunt, uncle, grandparent, whomever, that should be good enough, I think," Democrat James N. Robey said.

'Let her stay'

"Given that she's a potential victim I would give her the benefit of the doubt," said Republican Dennis R. Schrader, a county council member. "Let her stay while we continue to investigate."

School officials said Danielle should return to the home of her mother and stepfather in West Virginia, or pay tuition.

They said she couldn't prove her allegations of abuse, even though a Howard circuit judge granted the family's wish and made Danielle's aunt -- a Glenelg High cafeteria worker -- her legal guardian last August.

Judy Clancy, director of the Domestic Violence Center, said the county's actions are unfair.

'Potentially abusive'

One "thing that bothers me about this is here's a family that's being penalized for finding their own solution to a difficult situation.

"You know, they're not running to social service agencies. They're not asking for all kinds of help. They found their own solution. The stepfather doesn't want her It's a potentially abusive situation."

"Even if there hasn't yet been physical abuse, emotional abuse can be devastating. That kind of abuse takes a lot longer to heal than physical abuse and can have very long-term effects on a child," Clancy said.

Clancy referred to the document Danielle's aunt, Wendie Varnell, submitted to the judge, alleging that the girl's stepfather won't let her return and was at times verbally and emotionally abusive and "physically threatening."

Eleven days after Varnell became her guardian, Danielle began attending Glenelg under a temporary arrangement while the school system investigated the case.

Meetings with Danielle, Varnell and Danielle's mother followed, after which school officials said they needed more proof Danielle was at risk, such as a report from social services or police.

Defending their actions

School officials defended their actions again yesterday.

"We have an obligation to the students and the taxpayers of Howard County to educate only those kids who belong to the school system," said Stephen C. Bounds, school board chairman.

"There are hundreds if not thousands of students from surrounding jurisdictions who would love to come here," he said. "We have to be very vigilant to keep the system for the students who are here. There are a lot of people who will try all sorts of subterfuge to get their kids into Howard County schools."

He would not talk about Danielle specifically.

"We have a quasi-judicial function in the appeal process," Bounds said. "So board members really have to not become involved in those kinds of situations because we may have to sit in judgment on them."

Stricter policy

Patti Caplan, the schools' public information officer, said the county made its policy stricter in 1991.

"As early as 1991 we were beginning to note that there were a lot more of these cases than we had had previously," she said.

She said the school has not kept statistics on the numbers of cases per year.

Howard County Circuit Judge Dennis M. Sweeney, who signed Danielle's guardianship document, said yesterday that in such cases he does not determine residency or require a tuition waiver.

Several years ago, he said, school officials told him and another judge that the schools were overcrowded and people were using guardianship papers to gain unfair entry.

They asked the judges to include a clause leaving residency issues up to them.

"We're just saying, we decide whether or not you need a guardian, and the school system decides whether the child fits the criteria" for residency, Sweeney said.

'Let's be humanistic'

But two Howard school board members, while defending the policy overall, said the system should be more flexible in dealing with special situations.

"Hey, let's be a little humanistic about this," said Linda L. Johnston. "In any situation where there may be a potential danger to the child [by] sending them back, it would be nice if we could step back and say, 'Is there another way we could help this student?' "

Board member Karen B. Campbell said, "I do believe that we need to have set standards for student residency. I do also believe that policies in general are designed for there to be exceptions when exceptions arise."

Neither would talk specifically about Danielle's case.

Ronald A. Peiffer, assistant state superintendent of schools, said that while every school system has slightly different laws, he does not think Howard County's laws are stricter than most.

Other counties

But school officials in other counties said their rules are not as strict. Officials in Anne Arundel, Carroll and Baltimore counties said that living with a court-appointed guardian is usually proof enough that the student is eligible.

John McGinnis, coordinator of pupil personnel in Anne Arundel, said any student who lives with a parent or legal guardian in the county can attend school.

"If it's a court order issued by a judge, then we would generally put them in school," he said.

Brent Hill, a residency liaison in Baltimore County who handles residency issues, said the county has the same rules, in accordance with a 1997 state law.

The law states in part that "each child shall attend a public school in the county where the child is domiciled with the child's parent or guardian."

Legal issues aside, Danielle could return to school as early as next week with the anonymous donor's help, according to her attorney.

Not rejoicing

Varnell said she is not going to rejoice until her niece is back in school.

"Nobody sent me a letter saying she's going to go back to school," Varnell said. "I'm not going to believe anything until I see it in writing. I learned that the hard way."

Pub Date: 10/30/98