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.