Legislature(1999 - 2000)
02/24/1999 01:32 PM Senate HES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
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= bill was previously heard/scheduled
SB 27-ACCESS TO DRIVING/SCHOOL RECORDS OF CHILD
CHAIRMAN MILLER brought up SB 27 and asked Mike Pauley to join the
committee at the table.
Number 367
MR. MIKE PAULEY, Staff to Senator Leman, stated he worked with
Legal Services at the chairman's request to draft a committee
substitute. He then highlighted the page and line numbers of the
changes as follows.
On Page 1, lines 10-12, new language regarding releasing school
records states that the school district has the discretion to
decline releasing information that consists of the child's address
if there is reason to believe its release would pose a threat to
the health or safety of the child. In reference to the last
hearing on the bill, this amended language tries to address the
concern expressed by the Council on Domestic Violence & Sexual
Assault that there could be some circumstances of a non-custodial
parent with a restraining order because of child abuse being able
to locate the child by accessing this address information from the
school district.
The second change is on Page 2, line 2, where language was removed
that provided for DMV to charge a fee for the driving abstract,
thus making it consistent with Senator Wilken's amendment.
The third change is on Page 2, lines 4-6 which similarly adds an
exception that the DMV can refuse to release this address
information if it has reason to believe that its release might
jeopardize the health or safety of the driver. It is consistent
with the language in the bill that relates to school records.
Number 398
CHAIRMAN MILLER asked for a motion to adopt the committee
substitute. SENATOR WILKEN moved to adopt CSSB 27 Version D as a
working document, and there being no objection, it was so ordered.
Number 405
MS. BETH LAPE, Special Assistant to the Department of Education,
briefly stated that the department feels that the 53 school
districts in the state are currently in compliance with the federal
law relating to family educational and privacy rights, so it
believes that the first section of the bill is not necessary.
SENATOR ELTON asked Ms. Lape if the bill passed, could she give an
estimate of how many school districts would be out of compliance
with state law. He said he's thinking of Anchorage and Juneau which
currently exclude medical and psychological records in their local
policies. MS. LAPE answered she does not know.
Number 416
MS. MONA MAEHARA thanked the bill sponsor for working with the
council in drafting language that addressed their concerns.
MR. MIKE PAULEY addressed Senator Elton's earlier question, stating
the Anchorage school district policy excludes release of medical
and psychological records of a past or present student who is 18
years of age or older, but it does not exclude that information for
students under 18. Since this proposed legislation only applies to
children under the age of 18, it would not put Anchorage school
district in violation of the federal law. The federal law gives a
student, on becoming an adult, the right to consent to the release
of medical information. The sponsor's view is that prior to that
age, it's the parent's right to know medical information about
their child.
SENATOR ELTON asked if he knows the policies of other school
districts. MR. PAULEY replied he hasn't researched all 56
districts, although Ms. Lape stated the department feels they are
all in compliance with federal law. If that is the case, they
wouldn't release that information after the student turns 18.
Number 440
SENATOR WILKEN asked Ms. Lape if leaving Section 1 in the bill,
which the department feels is unnecessary, would create problems
for school districts.
MS. LAPE replied it's a good legal question. The federal law
refers to withholding funds to any local or state agency that has
a policy of not releasing records to parents. As far as the
department knows, no education agencies in the state are out of
compliance. This state law would bring different consequences and
a different set of liability.
SENATOR WILKEN asked Mr. Pauley how that squares with what Senator
Leman is trying to do with the bill. The department seems to be
suggesting it doesn't need fixing, and this is duplicative
language.
MR. PAULEY replied that it's not exactly duplicative language. The
federal law says in order to be eligible for funding you need to do
this, while the state law says you shall do it. That's the legal
difference. The language was added by the sponsor to clarify the
statute relating to the records a custodial parent can access.
SENATOR WILKEN asked Ms. Lape if she recommends leaving Section 1
as it is, or removing it. She replied that she recommends taking
the first section out.
CHAIRMAN MILLER stated the committee is at the mark up stage and
there are some proposed amendments.
SENATOR WILKEN asked if Mr. Pauley could take it back to Senator
Leman and advise him of this discussion, because it started out as
a driver's license bill.
Number 476
SENATOR KELLY asked Ms. Lape to explain her statement that a
different set of circumstances would apply if the Section 1
language is in the bill. He asked why there would be ramifications
from the federal government if we put in state law that which is in
federal law.
MS. LAPE replied that if it's in state law, there are liability
issues with school districts that don't currently exist with
federal law.
MR. PAULEY responded to a question from Senator Kelly regarding
what that liability would be. He said that under state law, if a
parent tried to get school records and was denied, they could
theoretically file an action in court saying this is illegal.
Senator Leman is strongly committed to having the first section in
the bill, and part of his concern is that it adds clarity to the
statute. He added that the state statutes are a lot more
accessible than the federal law.
SENATOR KELLY stated there are no unintended consequences of having
Section 1 beyond what the sponsor wanted to do. He said he would
prefer to keep Section 1 in the bill.
Number 508
SENATOR ELTON said he could not agree with Senator Kelly because
the committee had already found one unintended consequence that the
CS has remedied. He reiterated he would like to know the
consequences of this addition to statute. He feels that if a
student knew that medical records would be open to the custodial or
non-custodial parent, it would be a disincentive to the student to
be treated, as an example, for a sexually-transmitted disease.
He'd like to know the experiences in other school districts.
He asserted that the problem with the driver's record which led to
the drafting of this bill could have been solved by the parent
revoking permission to drive if DMV doesn't release that
information and the child is under 18. Instead, SENATOR ELTON
stated, we've fashioned a law that addresses one instance that
happened in the past and expanded it to include school records
without really understanding the net effect on the current
practices of school districts. He stated he is bothered by that.
SENATOR KELLY said he didn't have strong feelings about this bill
until Senator Elton talked him into it.
Number 530
CHAIRMAN MILLER asked the wish of the committee.
MR. PAULEY addressed Senator Kelly's and Senator Elton's comments.
The Anchorage school district policy does include some health-
related information in the records such as speech pathology reports
and a cumulative health card. This is a standard part of an
academic record disclosed to parents. He cannot explain their
policies regarding what is recorded on the health card.
Number 538
SENATOR ELTON stated he's tempted to offer an amendment to remove
Section 1, but there is a compelling reason to work with parents
and release these records.
SENATOR ELTON offered an amendment as follows:
on Page 1, Line 9: add a new "(1) medical records; or"
and
Renumber the existing (1) and (2).
The intent is to add an exemption of medical records from release.
He stated he's not sure he wants to preclude medical records if a
school district wants to release them, but to keep it an option for
the school district instead of a state mandate.
MS. LAPE expressed concern over becoming an educational agency
setting up policies in opposition to federal law. Not giving
certain records to parents would lead to ineligibility for federal
funds. She said that this section is subject to the federal law
which has three exceptions to accessing records, in addition to
those students over 18.
CHAIRMAN MILLER stated the bill goes to Finance, and of course, to
the Senate Floor. He recommended that Senator Elton work with the
department and the sponsor to come up with an amendment that would
do what he wants without making it mandatory for the school
district.
SENATOR ELTON withdrew his Amendment #1. He then offered a new
amendment to strike Section 1.
CHAIRMAN MILLER asked for objection. There was objection to the
amendment. Hearing no discussion, a roll call vote was taken with
Senator Elton voting "yea," and Senators Kelly, Wilken and Chairman
Miller voting "nay." The amendment failed.
SENATOR WILKEN moved CS SB 27(HES) out of committee with individual
recommendations and the zero fiscal note. Hearing no objection, it
was so ordered.
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