Legislature(1999 - 2000)
04/29/1999 03:40 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 27(FIN)
"An Act relating to school records and driver license
records of certain children."
MIKE PAULEY, STAFF, SENATOR LEMAN testified in support of SB
27. SB 27 ensures parents will have access to important
records about their minor children, and also requires school
districts to share information with other districts about
potentially dangerous transfer students.
The motivation behind this legislation stems from a
call Senator Leman received last year from a
constituent in Anchorage. This woman had contacted the
Division of Motor Vehicles (DMV) to check on her teen
daughter's driving record - because she suspected her
child was driving with a suspended license. She was
astonished when the DMV told her that her daughter's
driving record was private and confidential - and even
a parent did not have a right to know this information!
Most people are aware of the responsibilities parents
take upon their shoulders once their child receives a
license. A parent must give consent before the license
is issued, and then the law holds the parent
responsible for any damage caused by negligence or
willful misconduct while the child is operating a
vehicle. Yet the same law denies parents any right to
check and see if their son or daughter is driving
safely!
We believe this provision of the law was probably
unintentional. There is a provision in our statutes
that requires all drivers' records to be kept
"confidential and private." This is obviously a needed
protection for adults, but it makes no sense in the
context of the parent-child relationship. The current
law provides an exception that allows law enforcement
personnel to have access to the information. But there
is no such exception for parents. Senate Bill 27
corrects this problem. It will allow parental access
to a driving record that includes accident reports and
also any convictions for vehicle, driver or traffic
offenses.
We understand from DMV that the number of times they
have to turn down parents who request this information
is relatively rare - apparently it happens fewer than
ten times a year. However, on those few occasions we
understand it can be highly unpleasant for the DMV
employee involved, and obviously frustrating for the
parent.
Mr. Chairman, in addition to access to driving records,
SB 27 includes a provision guaranteeing parental access
to school records. When we set out to write this bill,
we also considered whether there were any other records
to which a parent should have access. Of course,
school records immediately came to mind. Therefore, we
asked the drafting attorney to review state statutes
and determine whether there was any provision that
guaranteed parents the right to access their children's
school records. We were surprised to learn there is no
such law. We did find a statute (AS 25.20.130), that
guarantees a non-custodial parent the same access to
school records that is allowed for custodial parents.
But nowhere does the law define what access rights a
custodial parent has, or what rights parents in general
have!
Therefore, we have added in Section 1 of this bill a
provision that also guarantees parental access to
school records of a child under 18. We believe this
adds clarity to our statutes. It will also help ensure
that no school in Alaska becomes ineligible to receive
federal funding, because there is a federal law (20 USC
1232g) that denies funding to any educational agency or
institution that does not allow parental access to
children's school records. In light of this, we
believe it is only prudent to state clearly in our
statutes that parents have a right to this information.
Finally, there is a third provision of this legislation
that deals with the transfer of student record
information. This provision, which is found in Section
2 of the legislation before you, requires school
districts to transfer certain information about a child
who moves from one school district to another. If the
student has committed an offense that is punishable as
a felony, or if the student has committed any offense
involving the use of a deadly weapon, this information
must be included in the student record information that
follows the child from one district to another. We
believe this is a very useful amendment that will help
school districts protect their students from
potentially dangerous young offenders.
Vice-Chair Bunde referred to page 2, line 19. "The
department may refuse to release the driver's address to the
parent or guardian if the department determines that the
release of the driver's address poses a threat to the health
or safety of the driver." He questioned how the department
would know and if the department would be reliable for the
release. Mr. Pauley noted that the addition was at the
request of the Council on Domestic Violence and the
Department of Public Safety. The intent was to address the
concern that a non-custodial parent with a history of
domestic violence could request the information. He noted
that their concerns were satisfied by the absence of the
address. He observed that the language is permissive. The
department has the discretion to deny the information.
Co-Chair Therriault observed that the department would set
up a process through regulation that would allow the
custodial parent to request that the information be
withheld.
Representative Grussendorf asked where the burden of proof
rests. Mr. Pauley stated that the burden of proof issue was
not addressed. He anticipated that the Division of Motor
Vehicles and school districts would make individual policy.
He stressed that the intent is to create the right in
statute. He observed that there is discretion in how the
information is provided.
Representative J. Davies noted that flagging records seems
to be limited to missing children. Mr. Pauley agreed and
added that the flag would trigger an alert and the
Department of Public Safety would be notified.
ROBERT BUTTCANE, YOUTH CORRECTIONS, DEPARTMENT OF HEALTH AND
SOCIAL SERVICES testified in support of SB 27. He referred
to section 2 on page 2, line 9. He observed that the
department attempts to cooperate with schools districts. The
department notifies schools of issues of delinquencies that
raise concerns for the safety of students and staff. He
maintained that the system is working fairly well and that
schools are being notified. However, records are not always
transferred with students that relocate. He observed that
the legislation corrects this by requiring schools to make
sure that safety alert information (specifically as it
relates to felony or weapons offenses) is transferred from
one school to the next.
Vice-Chair Bunde asked if there were comments from the
Division of Motor Vehicles regarding their ability to
release or not release information under section 3. Mr.
Pauley stated that the Division has not commented on section
3. He clarified that they have shown support for the ability
to disclose information to the parents. The Department of
Public Safety supports the language.
Representative Foster MOVED to report CSSB 27 (FIN) out of
Committee with the accompanying fiscal notes. There being NO
OBJECTION, it was so ordered.
CSSB 27 (FIN) was REPORTED out of Committee with a "do pass"
recommendation and with a zero fiscal note by the Department
of Administration dated 2/25/99; and a fiscal impact note by
the Department of Education dated 2/25/99.
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