SB 29: "An Act relating to disclosures to school officials of information about certain minors."
00SENATE 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.