COLLECTIVE ADVOCACY WITH STATE AGENCIES Where should you start? This depends on what it is you are trying to change. Certain policies are determined at the state agency level, while others involve the Governor's Office, and some involve the General Assembly and/or the Regulatory Review Commission. Most involve several different levels of policy makers. Homework: * Before you start deciding on your advocacy plan make sure you know what the current policy is and what level of policy makers were responsible for establishing it. Some general examples include: Different Levels of Policies: Key Policy makers: * Federal law or regulation Congress/President/Departments * Court case law Executive & Legislative Branches * State law Governor/Legislature/Departments * State regulation Departments/Governor/Legislature * Agency Policy Bulletin Departments/Governor * Agency practice Departments * Budget related policy Governor/Departments/Legislature * Multi-agency policy Departments/Governor * Labor related impact Departments/Governor How is the bureaucratic maze organized? It often seems like the right hand doesn't know what the left hand is doing when dealing with the bureaucracy. While there is much truth to this, the bureaucracy does have a structure that determines who decides what and who collaborates with whom. Know the organizational structure and the limits of command or authority or influence each level has. Who are the key policy makers at each of these levels? Examples of Organizational Structures: State Agency - each unit reports to the one above it. Governor's Offices: Departments Governor's Policy Office Offices Governor's Budget Office Bureaus Governor's Press Office Divisions Governor's Legal Office Regional Field Offices Governor's Legislative Office District or County Field Offices Community or Local Field Offices Coordination between the State Agency and the Governor's Office: Each state agency has an office that corresponds with the various offices in the Governor's Office and the head of those offices have to report to both the agency head and the person in the Governor's office. (Example - the press office in Public Welfare reports to the Secretary of Public Welfare and to the head of the Governor's Press Office.) Who are the key policy makers in the Administration? The easy answer is the Governor, but it is never this easy. Office heads in the various Governor's offices, Department heads, agency office heads and even bureau and division directors often shape what will actually be decided on any given matter. Usually as issues develop the units below are requested to look into the matter and provide research or information on the matter to those above. This input often includes recommendations for what action should be taken, sometimes offering a variety of choices. The specific key players will again depend on the specific policy you are trying to change. Tip: Don't always start at the top. Senior officials often seek input from the divisions below them even if they don't take their advice. By discussing your concerns with them in advance you may gain a general ally and prevent unnecessary obstruction. If they aren't supportive don't be discouraged from taking it farther. You will have at least given the courtesy for input from lower divisions and you might gain valuable information in the process. Information that will help policy makers rethink or reshape the existing policy. Types of information that can help state policy makers act favorably to your request and information they may need in order to address your concerns (These are some of the information tests that are applied as proposed policy changes make their way through the system): Problem identification: * What is the problem it is trying to fix or prevent? * What is the scope of the problem? (Size, severity and urgency of the problem) * Who is impacted by the problem? * What is causing the problem? Recommended action or solution: * Is the action mandated or discretionary? * Validity of the proposed solution - How sure are we that it will work? * What unintended problems may occur? * What is the fiscal impact? (Start-up costs and recurring costs) * What funding sources can be used? (State, federal, local, consumer fee) * What is the impact on staffing? * What is the impact on existing programs and services? * Who is proposing the action? Who supports? Who opposes? * Who must approve the action in order for it to be enacted? * When does this action need to occur? When does a decision need to be made? * What other options exist for resolving the problem? * How does the problem or the solution fit with outside factors? Outside factors that influence when decisions are made. 1. The timing during a legislative session and election timetable. 2. The budget impact the decision is believed to have. 3. Whether or not any federal or court mandate or sanction is involved. 4. Its relation to the overall priorities of the Administration. 5. The perceived impact on overall economy. 6. Its responsiveness to current public issues and concerns. 7. Public perception- media attention. Key decision making stages by the bureaucracy. There are certain decision making stages all state agencies must adhere and there are internal stages that will vary among agencies. Some of the key stages that can impact advocacy timing and focus are the following: * Recommendations of select advisory committees such as the medical assistance advisory committees, which exist by mandate, which require policy changes to be discussed before they are adopted. * Submission of Needs Based Budgets from counties in programs where it is required. * Public hearings by state agencies or the legislature. * Budget process timetable. (Addressed in workshop on the budget process) * Agency "Action Memo's". * Submissions to the Independent Regulatory Commission for change of regulations. * Proposed budget initiatives. POLICY FOR PUBLIC BASIC EDUCATION What is it? Who makes it? How can I have an impact on it (By Joe Bard, former Commissioner of Basic Education) Policy in public education is, as it is in any area of interest where there is a public interest to be expressed and protected, expressed through laws, regulations, and rules adopted by the different levels of governance. The federal government has the highest trump card in terms of authority, but because basic education is by history, tradition and law, a local function, there are few federal mandates. Notable exceptions are the Individual with Disabilities Education Act (IDEA), and the Americans with Disabilities Act (ADA). In these laws, and their accompanying regulations, the Congress has set forth how it wants people with disabilities to be dealt with by the public schools of the nation. These laws essentially establish the rights of people with disabilities in regard to the schools. State legislatures are, in the words of Pennsylvania's former Secretary of Education Donald Carroll, "the super school board". He clearly meant that to pertain to their powers, not their performance. The General Assembly delegates much of its authority on the running of public schools to local boards and school directors. That the legislature still has a great interest in the schools is evidenced through the time and attention spent on the budget for the money the Commonwealth annually provides public education, and the plethora of bills and resolutions concerning it that are always in the hopper. When the Governor proposes a budget to the General Assembly he may take a leadership role on education issues (such as charter schools, or tax reform), but the Executive Branch's vehicle for policy development and implementation is the State Board of Education. It is a product of the legislature, and is ultimately subservient to it. The State Board is responsible for the creation and review of regulations needed to implement the laws passed by the legislature and signed by the Governor. In Pennsylvania, as in many other states, most authority for the conduct of public schools has been given to the local school board. While there are those who would disagree mightily with that statement, it is nonetheless true. There are no other elected bodies with as much power over the area they are constituted to govern as school boards. Consider, they have both legislative and executive authority. (In Philadelphia the Board is appointed, but elected in all of the other 500 school districts.) In school districts there is something called "board policy", and there is something else called "administrative policy". Boards adopt policies that are put in writing and which all must adhere to unless the policy is changed. They cover the waterfront: discipline, graduation, transportation, or sabbaticals are just a few examples. Although they must comply with higher law, board policies are, and can be changed to fit new circumstances. Administrative policy is that which those hired to run the schools develop to help the schools function effectively. It must be congruent with board policy. This is an area for advocates to keep their eye on, because it is not unusual for an administrator unfamiliar with board policy to develop rules that actually conflict with that policy. It is also not unusual for board members to be unfamiliar with their own policies. The board's policy book is a public document. Ask to see it and make copies (at your expense). If actions of a school board are deemed to be within the existing body of law by its solicitor, then there are none to gainsay it, other than the General Assembly. The role of the courts in matters involving school boards is often to determine if they acted within their powers, not with the rights or wrongs of a decision or action. A general rule to fit general statements made above: When dealing with public schools on a problem, start at the bottom and work up. That means the following (generally, and inversely): Classroom teacher Building principal Superintendent School Board State Department of Education, Pennsylvania General Assembly US Department of Education, U.S. Congress Courts The main reason for this rule is that each level will ask you if you have talked to the next level down on the ladder of authority. If you haven't, nothing will be done about your interest (generally) until you, or someone, touches that base. Another rule: unless your issue deals with the interpretation of, possible violation of, or need for a new state or federal law or regulation, stick with working on the school board involved. In most cases there is no role for the state or federal government to play other than to tell you it is a local district matter, which can cost you precious time and money to find out. However, should you need to invoke state authority, and you have done your homework, as outlined above, don't bother finding out the name, location and number of the official in charge of your area of concern. Write a letter to the Governor. Make it a detailed letter, setting forth the issue and what you have done to resolve it. That letter will descend through the bureaucracy festooned with route slips that say things like, "send copy of reply to me in ten days, or better yet, "prepare for my signature". 1