Legislature(1999 - 2000)

04/22/1999 01:20 PM House JUD

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

Document Name Date/Time Subjects