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SB 29: "An Act relating to disclosures to school officials of information about certain minors."

00 SENATE BILL NO. 29                                                                                                      
01 "An Act relating to disclosures to school officials of information about certain                                        
02 minors."                                                                                                                
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.   AS 47.10.093(a) is amended to read:                                                                   
05  (a)  Except as specified in AS 47.10.092 and (b) - (f), (h), and (i) of this                                        
06 section, all information and social records pertaining to a minor who is subject to this                                
07 chapter or AS 47.17 prepared by or in the possession of a federal, state, or municipal                                  
08 agency or employee in the discharge of the agency's or employee's official duty,                                        
09 including driver's license actions under AS 28.15.185, are privileged and may not be                                    
10 disclosed directly or indirectly to anyone without a court order.                                                       
11    * Sec. 2.  AS 47.10.093(c) is amended to read:                                                                       
12  (c)  A state or municipal law enforcement agency                                                                      
13   (1)  shall disclose information regarding a case that is needed by the                                               
14 person or agency charged with making a preliminary investigation for the information                                    
01 of the court under AS 47.10.020;                                                                                        
02   (2)  may disclose to the public information regarding a criminal offense                                             
03 in which a minor is a suspect, victim, or witness if the minor is not identified by the                                 
04 disclosure;                                                                                                             
05   (3)  as to a school that is attended by a minor who is subject to                                                   
06 AS 47.10.010 - 47.10.142,                                                                                               
07   (A)  shall notify the principal of the school attended by the                                                       
08 minor and [MAY] disclose to that school official information about an                                               
09 incident occurring within the agency's jurisdiction if the law enforcement                                              
10 agency has probable cause to believe that the minor has committed an                                                    
11 offense that would be a crime if committed as an adult and                                                              
12   (i)    that the victim of the offense is a student or staff                                                        
13 member of the school and that notice to the school is reasonably                                                        
14 necessary for the protection of the victim; or                                                                          
15   (ii)  is an offense described in (h)(1)(B) of this section;                                                        
16   (B)  may notify the principal of the school attended by the                                                         
17 minor and disclose to that school official other [OFFICIALS] information                                               
18 regarding a case as may be necessary to protect the safety of school students                                           
19 and staff; and                                                                                                        
20   (C)  notwithstanding (A) and (B) of this paragraph, is not                                                         
21 required to notify the principal of the school under this paragraph if the                                              
22 agency determines that notice would jeopardize an ongoing investigation;                                               
23   (4)  may disclose to the public information regarding a case as may be                                               
24 necessary to protect the safety of the public; and                                                                      
25   (5)  may disclose to a victim information, including copies of reports,                                              
26 as necessary for civil litigation or insurance claims pursued by or against the victim.                                 
27    * Sec. 3.  AS 47.10.093 is amended by adding new subsections to read:                                                
28  (h)  If a minor who has been adjudicated delinquent is enrolled in school, the                                        
29 department                                                                                                              
30   (1)  shall transmit a copy of the court's adjudication order to the                                                  
31 principal of the minor's school if                                                                                      
01   (A)  the minor has been adjudicated delinquent for committing                                                       
02 an offense on the school's property; or                                                                                 
03   (B)  if the minor has been adjudicated delinquent for committing                                                    
04 one or more of the following acts that, if committed by an adult, would be a                                            
05 violation of                                                                                                            
06   (i)  AS 11.41 and the violation is punishable as a felony;                                                         
07   (ii)  AS 11.46.100 - 11.46.490 and the violation is                                                                
08 punishable as a felony;                                                                                                 
09   (iii)  AS 11.71 and the violation is punishable as a                                                               
10 felony; or                                                                                                              
11   (iv)  a statute defining a criminal offense if the offense                                                         
12 involved the possession or use of a deadly weapon, as that term is                                                      
13 defined by AS 11.81.900(b);                                                                                             
14   (2)  shall provide with  the copy of the adjudication order a notice to                                              
15 the principal that                                                                                                      
16   (A)  the principal may obtain additional information about the                                                      
17 minor from the department with the consent of the minor or the minor's                                                  
18 parents, as applicable;  and                                                                                            
19   (B)  the copy of the order may not be disclosed except as                                                           
20 provided in (i) of this section; and                                                                                    
21   (3)   shall maintain a record of the adjudication order released to the                                              
22 principal under this subsection and the basis for its release.                                                          
23  (i)  When information or a record is disclosed to a school principal under (c)(3)                                     
24 or (h) of this section, the school principal may disclose the information only to persons                               
25 employed by that school district or to the chief administrative officer of a school                                     
26 district to which the minor transfers.                                                                                  
27  (j)  In (c), (h), and (i) of this section, "school" means a public or private                                         
28 elementary or secondary school.