Legislature(1995 - 1996)
04/19/1995 09:02 AM Senate HES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 125 JUVENILE RECORD INFORMATION TO SCHOOLS
Number 086
CHAIRMAN GREEN introduced HB 125 as the next order of business
before the committee.
MELINDA GRUENING, staff to Representative Joe Green, informed the
committee that violence is one of the leading problems facing
Alaskan schools. There is no requirement that a school principal
be given criminal records regarding a delinquent that is attending
the school. She noted the hard work on SB 54 last year which was
a juvenile waiver bill that addressed discretionary disclosure of
agency records to school officials. There has been little effort
to develop a protocol for the sharing of information; there are no
regulations as of yet. She said that there is confusion regarding
the disclosure of this information. As illustrated in two polls
taken last month surveying school officials and teachers, little
disclosure is actually occurring. School officials favor
disclosure occurring as soon as possible.
Ms. Gruening explained that HB 125 would require law enforcement
and the Division of Family & Youth Services (DFYS) to disclose
these criminal records to school officials. She pointed out that
House HESS had approved a CS that provided mandatory disclosure of
the courts and law enforcement of felonious crimes. The
information provided with disclosure would protect the victims of
juvenile crime, students, and teachers. Furthermore, the school
principal could utilize the school's resources in order to provide
assistance to a delinquent youth.
Ms. Gruening discussed two meetings in which various agencies and
interested parties came together to discuss the issue of
disclosure. From the perspective of the school, disclosure which
is not happening should be mandatory. From the perspective of the
Department of Law and the Department of Public Safety, the new law
should be afforded the opportunity to work on a discretionary
basis. However, everyone agreed that disclosure should have a set
procedure. These meetings resulted in the passage of the House
Judiciary CS which removed the mandatory nature of the disclosure
and added language requiring that a mutually agreeable procedure
between DFYS, law enforcement agencies, and local school officials
be established. Such an agreement would ensure that criminal
records would be transferred to schools. She noted that the
transfer of information would be different in each school district.
The Anchorage Police Department felt that a dedicated fax line
would be the easiest manner in which to communicate this
information. In smaller schools and communities, the procedure
could be done by a phone call that is followed up by written
confirmation. The option was left up to the local law enforcement
and school districts to work out the procedure between them.
Ms. Gruening pointed out that the bill has a 90 day deadline
beginning at the time of the bill's effective date for establishing
the procedures; it is critical that this be done quickly. She said
that Representative Green encourages everyone involved with
disclosure to begin now. Representative Green intends to follow up
on this issue in the fall with polling in order to determine if
disclosure is happening on a discretionary basis. If disclosure is
not happening at that time, Representative Green plans to introduce
legislation that would mandate disclosure next session. The CS
gives the discretionary disclosure an opportunity to work. Ms.
Gruening emphasized that school officials must have the necessary
information regarding school violence, if the schools are to be
held responsible for the safety of students and faculty.
Number 189
CHAIRMAN GREEN asked if there was anything in this legislation that
would require that one school communicate information to another
school regarding a violent student. MELINDA GRUENING said there
was not. The current disclosure under SB 54 has strict
redisclosure confinements.
LIEUTENANT TED BACHMAN, Alaska State Troopers assigned to the
Directors Office in Anchorage, stated that the Department of Public
Safety (DPS) supported the concept of the release of this type of
information to the schools. There has been a policy drafted
regarding disclosure for the State Troopers which should be in
place by May 1st statewide. The State Troopers would utilize a
form that would inform the school of incidents. The school would
then fill out a portion of the form and fax it back to the Troopers
in order to verify that the school received the information and to
determine if the school has this student. He explained that the
policy also provides for disclosure of information to other schools
in which the student is not enrolled; this measure would protect
surrounding areas which may be in danger from this student.
Lieutenant Bachman specified that under current statutes the State
Troopers can inform other schools that the student does not attend.
He informed the committee that there would be a packet put together
that would be passed out to all police departments in order to
implement this procedure without any material changes needed. This
packet should be distributed in the first week of May.
STEVEN MCPHETRES, Executive Director of the Alaska Council of
School Administrators, informed the committee that he represented
over 500 elementary and high school principals and district staff
as well. The Council supported the current version of HB 125,
although a stronger version as originally introduced would be
welcomed.
Number 266
HELEN MEHRKENS, representing the Department of Education, supported
Sections 2, 3, and 4. She discussed the escalating concerns for
the safety of students from other students. This bill is
appropriate. The cooperation between departments and agencies is
important regarding the safety of students in school.
CHAIRMAN GREEN asked if Ms. Mehrkens had heard of the need for
district to district disclosure and would it be possible to do so.
HELEN MEHRKENS said she had heard that concern, but was unable to
comment on the possibility of that under this legislation.
JOHN CYR, Vice President of NEA-AK, supported CS HB 125(JUD). He
informed the committee that a telephone poll of its members had
rated school violence as the number one concern amongst empolyees
in both rural and urban Alaska. NEA-AK had hoped that the bill
would have a mandatory provision. In response to Chairman Green
regarding district to district disclosure, there is a problem. A
district has no idea of the problems a transfer student may have;
transfers are more of a problem than problem students in a
district's own school because those students can be tracked. Mr.
Cyr said that confidentiality is important, but confidentiality is
superseded by the right to know.
MARGOT KNUTH, Criminal Division of the Department of Law, said that
district to district disclosures are permitted under existing law.
There are two forms that the state has developed, one is from DHSS
and the other is from the State Troopers. The form from DFYS
indicates all reports about a juvenile specifies that the form may
be placed in the student's record. School districts may adopt
further policies for disclosure of this type of information. She
appreciated the cooperation that Representative Green had extended
with solving this problem. In time, refinement will occur as the
system is used.
CHAIRMAN GREEN noted that some information in a student's file is
purged when their files are transferred.
LIEUTENANT TED BACHMAN pointed out that AS 47.10.93 specifies that
a state, municipal agency or employee may disclose information
regarding a case to school officials. Most school employees are
state or municipal employees which may allow school to school
disclosure. CHAIRMAN GREEN indicated that perhaps, school to
school disclosure is doable now, but it may not be the trend.
SENATOR LEMAN moved that CS HB 125(JUD) be moved out of committee
with individual recommendations. Hearing no objection, it was so
ordered.
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