Legislature(1999 - 2000)
04/22/1999 01:20 PM House JUD
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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
CSSB 27(FIN) - ACCESS TO DRIVING/SCHOOL RECORDS OF CHILD
CHAIRMAN KOTT announced the next order of business is CSSB 27(FIN),
"An Act relating to school records and driver license records of
certain children."
Number 0695
MICHAEL PAULEY, Legislative Assistant to Senator Loren Leman,
Alaska State Legislature, came before the committee to present the
sponsor statement. The bill ensures that parents would have access
to important records about their minor children. It also requires
school districts to share information with other districts about
potentially dangerous transfer students. The motion behind the
bill stems from a phone call from a constituent in Anchorage. The
constituent contacted the Division of Motor Vehicles [Department of
Administration] to check on her daughter's driving record because
she suspected that her daughter was driving with a suspended
license. The constituent was quite surprised when she was told
that her daughter's driving record is private and confidential, and
that even a parent does not have the right to know this
information. He noted that a parent must give consent before a
license is issued and that the law holds a parent responsible for
any damage caused by negligence or willful misconduct while a child
is operating a vehicle. But the same law denies parents any right
to check and see whether their son or daughter is driving safely.
It's the sponsor's belief that the provision in statute was
unintentional in the context of a parent-child relationship. It is
obviously needed protection for adults.
MR. PAULEY further noted that the current law allows for law
enforcement personnel to access the information, but there is no
exemption for parents. The bill corrects that problem by allowing
parental access, which would include any report of accidents and
convictions of traffic offenses. In addition, the bill provides a
provision guaranteeing parental access to school records. Upon
researching the bill, the sponsor was surprised to learn that there
is no law that guarantees parental access to those records, but a
provision was found in statute that guarantees a noncustodial
parent access to them. Therefore, Section 1 adds a provision that
guarantees parental access to school records for a child under the
age of 18. It also ensures that no school in Alaska would become
ineligible to receive federal funding: there is a federal law that
denies funding for any educational agency or institution that does
not allow parental access to the school records of minors. Section
2 requires school districts to transfer certain information about
a child who moves from one district to another. He cited an
offense punishable as a felony or an offense involving the use of
a deadly weapon as information that must be included in a school
record.
Number 0925
CHAIRMAN KOTT asked Mr. Pauley, hasn't legislation been passed that
deals with making available certain types of information about
students who are considered dangerous to their peers, teachers, or
environment? He wondered whether the bill is just an expansion of
that legislation.
MR. PAULEY replied the section dealing with the transfer of records
was an amendment added by Senator John Torgerson in the Senate
Finance Standing Committee. It was not part of the original bill.
He's not certain, at this point, what the other statute is that
Chairman Kott is referring to, but yes it is an expansion of
current policy.
Number 1006
CHAIRMAN KOTT said he can't recall the statute either. He
remembers legislation dealing with the transferring of students
within school districts and making sure certain information is
available to teachers and superintendents or something to that
effect.
Number 1049
REAGAN EIDSNESS came before the committee to testify. She is 15
years old. She doesn't have a driver's permit yet because she has
been too busy. She has liked driving since she was four years old.
She mentioned down south she would drive on her Mother's lap. She
doesn't have an opinion on this bill other than responsible
teenagers should be able to drive and adults should be able to
check their backgrounds.
Number 1102
REPRESENTATIVE MURKOWSKI said she is concerned about one parent
using this type of information to his or her advantage against the
other parent while the child is trapped in the middle. She asked
Mr. Pauley what sort of safeguards are built into the bill.
Number 1175
MR. PAULEY replied that was an issue that came up in the Senate.
He noted that existing law - AS 25.20.130 - says a parent who is
not granted custody under AS 25.20.060 - 25.20.130 has the same
access to the medical, dental, school and other records of the
child as the custodial parent. It was not the intent of the
sponsor to visit that issue, but he did receive some concerns from
the Council on Violence and Sexual Assault [Department of Public
Safety]. As a result, a provision was included for both records
saying that it does not apply to information that - if released -
would pose a threat to the health or safety of the child. He cited
the child's address as an example.
Number 1279
ROBERT BUTTCANE, Juvenile Probation Officer, Youth Corrections,
Division of Family and Youth Services, Department of Health and
Social Services, came before the committee to testify. In response
to Chairman Kott's earlier question, the department is obligated
under AS 47.12.310 to provide schools with information that
suggests a student poses a threat to other students or school
staff. That information goes into the student's school file which
is not always transferred to a new school. The sponsor wants to
address that issue by requiring schools to make certain that the
record is transferred to a new school when there is information
involving the use of a weapon or felony offense.
CHAIRMAN KOTT said it is unfortunate that those records are not
following the students.
Number 1358
REPRESENTATIVE CROFT made a motion to move the CSSB 27(FIN) from
the committee with individual recommendations and the attached
fiscal note(s). There being no objection, it was so moved from the
House Judiciary Standing Committee.
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