Connecting the Dots: ALEC.....to......Indiana - PART1

Ritz-Carlton Resort Amelia Island

By Heath Johnson

In late 2010, I started to chart a new course in my life, as I began to study the "education reform" legislation which was being proposed by our Republican legislature.   Prior to that, I simply went about the business of shaping young minds and preparing them for the next step in their educational lives, not really paying much attention to politics.      

By the time the Indiana 2011 legislative session began, I had that deer-in-the-headlights look.  Like many other educators from around the state, I was staring down the wave of the "education reform" tsunami.  I felt threatened and unappreciated.  Apparently, I'd been failing my students all these years.  Since the fall of 2010, I had been studying the language of the proposed legislation, then I'd send links to the bills to my colleagues.  I began writing and meeting with my legislators, educating my friends and family, and even started a public education Facebook page, all in an effort to raise awareness.   The more bills I found, the more out of control it all seemed.

At some point I stopped to ask myself , "When did our legislators turn crazy?  Why are they attacking us?  Where did this divisive legislation come from?"  At that point, I started.....connecting the dots.    I'm a science person.   It's in my nature to trace things to their origin, to dissect things, to look at the parts of the sum and the sum of the parts.   As traced the genesis of much of the reform legislation, I'd arrive at one place........... ALEC.

Who is ALEC?

So, who.... is ALEC?  At  the time,  I didn't know.   However, today, I feel like I know them well.

The American Legislative Exchange Council (ALEC) is a group of conservative state lawmakers, former conservative state lawmakers, and corporate lobbyists from member corporations and special interest groups.  They meet to discuss, revise, and adopt "business-friendly" model legislation they wish to pass at the state level, pushing their conservative agenda "one statehouse at a time" (Bill Moyers).   Lawmakers pay membership dues, $100 for two years, while corporations pay tens of thousands of dollars to join ALEC.    So, why would corporations pay an exorbitant amount of money to join this organization?   Simple, they want access to state legislators and they can skirt around state lobbying laws by meeting with ALEC-member legislators at ALEC-sponsored events.   How?   Well, ALEC is classified as a 501(c)(3)  "charitable organization" by the IRS, meaning it enjoys tax exempt status, and therefore agrees that its activities are not "attempting to influence legislation."   

                                                                   

"To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates." (http://www.irs.gov/Charities-&-Non-Profits/Charitable-Organizations/Exemption-Requirements-Section-501(c)(3)-Organizations).  

However, one would have a hard time finding any conservative legislation, which hasn't been influenced by this "charitable organization".    ALEC is also exempt from Indiana's lobbying laws, as language in IC-2-7-1-10 provides that they are not lobbyists (http://www.in.gov/legislative/ic/code/title2/ar7/ch1.html).  

ALEC's own bylaws outlines that its mission is to, "[d]isseminate model legislation and promote the introduction of companion bills in Congress and state legislatures" and "[f]ormulate legislative action programs."   Today, finding an ALEC-inspired bill or law would be like standing on a beach and throwing a rock into the ocean.  It's hard to miss.   There is good reason for that.  As I pointed out in a recent conversation with Rep. Heath VanNatter (R-38), the Indiana General Assembly "carpet bombed" the legislature with ALEC-authored legislation and this tactic started in 2011.   Consider the strategy outlined in ALEC's 2010 Report Card on American Education: Ranking State K-12 Performance, Progress, and Reform:

Across the country for the past two decades, education reform efforts have popped up in legislatures at different times in different places. As a result, teachers’ unions have been playing something akin to “whack-a-mole” — you know the game — striking down as many education reform efforts as possible. Many times, the unions successfully “whack” the “mole,” i.e., the reform legislation. Sometimes, however, they miss. If all the moles pop up at once, there is no way the person with the mallet can get them all. Introduce comprehensive reform packages. (Ladner, LeFevre, & Lips, 2010, p. 108)

Free Cigars, Free Vacations, and Free Legislation


Here's where it gets interesting.   So, what actually takes place at ALEC's "charity events", known as Taskforce Meetings or Taskforce Summits?   Their main shin digs are referred to as "Taskforce Meetings" and they're typically held twice a year.    However, in February 2012, ALEC hosted a special meeting, an "Education Reform Academy" at the swanky 5-start Ritz-Carlton Resort on Amelia Island, Florida.   At these meetings, ALEC Taskforce member legislators are introduced to "model bills" that have been authored by corporations and special interest groups.   Taskforces are comprised of  legislators and corporations who, behind closed doors, discuss, revise, and adopt model legislation.   Following its adoption, a board member (such as Indiana State Sen. Jim Buck) approves the vote. 

In other words, legislators are receiving ALEC-crafted legislation then bringing it back to the state of Indiana to pass as law, affecting all Hoosiers!  That's where nearly all of the education reform legislation comes from.  Of course, our conservative state lawmakers defend the legislation by claiming it's "all about the kids."

So, what?   Like I mentioned, most of the education reform bills which have been signed into law over the past two years, as well as much of the legislation which is being considered this session, can be traced back to ALEC.

 
Virtual schools

Charter schools expansion

Parent-trigger

Prohibiting payroll deductions of union dues

Merit pay

Alternative teacher certification ( REPA II)

I-Read 3

Private school tax credit

Ending teacher tenure

Exempting charter schools from state regulations applied to public schools

Teacher "bonuses"

It's tough not to connect the dots.   An elephant has arrived in my classroom and I can't help but walk straight into it (pun intended).

Not only do conservative lawmakers receive model bills, but ALEC pays for two nights of luxury hotel accommodations for those that are Taskforce members, reimburses their travel expenses, and provides a state "scholarship" slush fund to reimburse other expenses.   Wisconsin State Representative Mark Pocan (D) attended an ALEC Taskforce meeting (New Orleans 2011) and reported on the silver platter cigar socials, complete with free food and free drinks for lawmakers, all sponsored by ALEC and paid for by member corporations. 

http://billmoyers.com/2012/11/12/wisconsin-state-rep-mark-pocan-elected-to-u-s-congress/

http://www.youtube.com/watch?v=acz9sqXiKHo
http://www.dailykos.com/story/2011/08/29/1011718/-Inside-ALEC-WI-Rep-Mark-Pocan-Speaks-Out#
http://www.rockcellarmagazine.com/2012/12/03/politician-mark-pocan-goes-undercover-to-expose-clandestine-corporate-conspiracy/  http://www.commoncause.org/atf/cf/%7Bfb3c17e2-cdd1-4df6-92be-bd4429893665%7D/17-ALEC_invites_cigar.PDF

Additionally, with a little investigation at followthemoney.org you will find that ALEC corporations are also filling the campaign coffers of conservative lawmakers.   For example, K12 Inc., the Virginia virtual school corporation, which manages 2 of the 7 failing charter schools sponsored by Ball State University,  donated tens of thousands to Indiana ALEC legislators from 2006 to 2012 in an effort to push legislation establishing virtual schools (On the following table, click on K12 for each year to see a breakdown of that year).    

  http://www.followthemoney.org/database/search.phtml?searchbox=k12+inc&CurrentType=Contributors&so1=C&filter1[]=&filter1[]=&filter1[]=&filter1[]=in&filter1[]=&filter1[]=&filter1[]=#sorttable1

Connections Academy, a Private Sector Education Taskforce Member (meaning they vote on legislation), helped author and adopt ALEC's Virtual Public Schools Act then donated tens of thousands of dollars to Indiana ALEC member legislators.  

http://www.followthemoney.org/database/search.phtml?searchbox=connections+academy&CurrentType=Contributors&so1=C&filter1[]=&filter1[]=&filter1[]=&filter1[]=IN&filter1[]=&filter1[]=&filter1[]=#sorttable1

Both corporations, filled the campaign coffers of Tony Bennett, Brian Bosma, Robert Behning, Luke Kenley, Dennis Kruse, Mitch Daniels, David Long, among others (all ALEC Republicans).


"Model" legislation, the Virtual Public Schools Act was presented at an Education Taskforce meeting on December 4, 2004.   This act provides students and families the choice of using virtual schools to "further the education" of their children.  As mentioned, model legislation was authored by K12 Inc. and Connections Academy.   Ms. Mickey Revenaugh, a lobbyist for Connections Academy, now co-chairs the education policy–writing department of ALEC.  As the corporate chair of ALEC’s Education Task Force, Revenaugh, along with Lisa Gillis (K-12 Inc.), created the bill.

*(www.followthemoney.org is the full site if links don't work properly)


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