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The "Right" to Know: Think Again
Call me crazy, but it's my belief that we, as constituent voters, should have the right to know if our legislators are attending ALEC meetings, getting free hotel accommodations, reimbursed travel expenses, free drinks, free meals, free cigars, and.... free corporate-crafted legislation. This legislation impacts our classrooms and our ability to teach, it impacts our students and their parents, and it impacts the community as a whole. Well, I guess I'm wrong. According to an email I received (dated 5/15/12) from the chief counsel for the House Republican Caucus, we don't have a right to such information,
"...the Indiana Supreme Court has held that the provisions of the Access to Public Records Act (“APRA”) do not apply to the Indiana House of Representatives. In Masariu v. The Marion Superior Court No. 1, 621 N.E.2d. 1097 (Ind. 1993), the Indiana Supreme Court determined that it would not intervene in the internal affairs of the legislative branch of government and that it is up to the legislative branch to decide its own internal procedural rules.
In the time between my May 4 response to your email and today, I contacted the Public Access Counselor (“PAC”) to get guidance on the issue, even though the APRA does not apply to the House of Representatives. I was advised by the PAC that we are not required to create a list to satisfy an open records request. [See page 25 of the Handbook on Indiana’s Public Access Laws which you can download here: http://www.in.gov/pac/files/pac_handbook.pdf or I.C. 5-14-3-3(f).]"
In the time between my May 4 response to your email and today, I contacted the Public Access Counselor (“PAC”) to get guidance on the issue, even though the APRA does not apply to the House of Representatives. I was advised by the PAC that we are not required to create a list to satisfy an open records request. [See page 25 of the Handbook on Indiana’s Public Access Laws which you can download here: http://www.in.gov/pac/files/pac_handbook.pdf or I.C. 5-14-3-3(f).]"
In other words, constituent voters have no right to know if their legislators are engaging in such activities. In fact, I think this was the email that finally did it for me. Following this, I made it my mission to expose Indiana's ALEC members, ALEC legislation, and the ALEC "corporate dating service for lonely legislators and corporate special interests" (Wisconsin State Rep. Mark Pocan). ALEC's DNA Here are some documents that I've found which helped me understand just how extensive ALEC's influence has been with pushing and passing the education reform legislation.
Prior to ALEC Taskforce meetings the "charitable organization" mails out a packet of information to its members. Referred to as the 35-day Mailer, it includes the model bills, agenda, registration fees, and information about free hotel accommodations and travel reimbursement.
Prior to ALEC Taskforce meetings the "charitable organization" mails out a packet of information to its members. Referred to as the 35-day Mailer, it includes the model bills, agenda, registration fees, and information about free hotel accommodations and travel reimbursement.
Linked below is the ALEC Taskforce 35-day Mailer for the December, 2010 Washington D.C. ALEC taskforce "summit".
Much of the "model" legislation in this "Taskforce packet" was authored ad sponsored by the Goldwater Institute and much of it was introduced and/or passed in Florida prior to being pushed in Indiana. The huge model bill in this packet is referred to the "A-Plus Literacy Act" and it incorporates "model" legislation already adopted by ALEC. Discussion and voting was sponsored by Matt Ladner, The Goldwater Institute and moderated by Ms. Mickey Revenaugh, Connections Academy, Private Sector Task Force Chair
Page 15 - School A-F grading "model" legislation
Page 18 - School bonus money grant "model" legislation
Page 18 - School bonus money grant "model" legislation
Page 19 - School choice scholarship "model" legislation
Page 30 - Private school tax credit "model" legislation
Page 36 - REPA II "model" legislation - alternative teacher certification.
Page 38 - I-Read 3 "model" legislation
Page 70 - Parent Trigger "model" legislation (authored by the Heartland Institute)
Page 121 - Language outlining Taskforce Member free hotel accommodations and reimbursement of travel expenses.
Specifically, the Parent Trigger bill (HB 1358) in the Indiana General Assembly was written by the Heartland Institute.
This piece of legislation was authored and presented by the Heartland Institute at the December 3rd, 2010 at the ALEC Education Task Force Meeting held at the Grand Hyatt in Washington, D.C. Discussion and voting on this original model legislation occurred at 5:05 p.m. on December 3rd, 2010. It was sponsored by Marc Oestreich, Heartland Institute. and moderated by Ms. Mickey Revenaugh, Connections Academy, Private Sector Task Force Chairman.
The legislation was authored by (page 99 of the pdf):
This piece of legislation was authored and presented by the Heartland Institute at the December 3rd, 2010 at the ALEC Education Task Force Meeting held at the Grand Hyatt in Washington, D.C. Discussion and voting on this original model legislation occurred at 5:05 p.m. on December 3rd, 2010. It was sponsored by Marc Oestreich, Heartland Institute. and moderated by Ms. Mickey Revenaugh, Connections Academy, Private Sector Task Force Chairman.
The legislation was authored by (page 99 of the pdf):
Joseph Bast, president of The Heartland Institute
Ben Boychuk, managing editor of The Heartland Institute’s School Reform News
Bruno Behrend, J.D., director of the Center for School Reform at The Heartland Institute
Marc Oestreich, legislative specialist on education and telecommunications at The Heartland Institute
Ben Boychuk, managing editor of The Heartland Institute’s School Reform News
Bruno Behrend, J.D., director of the Center for School Reform at The Heartland Institute
Marc Oestreich, legislative specialist on education and telecommunications at The Heartland Institute
AGENDA of this ALEC 35-day Mailing (page 8 of the pdf)
MODEL BILL (page 70 of the pdf)
MODEL BILL (page 70 of the pdf)
See Heartland Institute's statement on the 2013 Indiana bill.
And this is happening in 26 other states with Republican legislative majorities? Thanks for this info Heath! I appreciate your investigative efforts!
ReplyDeleteThanks for all this work! My poor eyes are straining with this small font, though...any chance you can enlarge it?
ReplyDelete