Legislature(1999 - 2000)

04/29/1999 03:40 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
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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