ALEC’s Education Task Force

ALEC’s Involvement in Criminalizing HIV/AIDS Sufferers

ALEC’s Involvement in Criminalizing HIV/AIDS Sufferers

by VLTP Executive Director, Bob Sloan

A recent article from the Advocate and the American Independent caught my attention the other day…then it was picked up and republished by Salon yesterday.

These articles help us to dissect how the American Legislative Exchange Council (ALEC) involves themselves in issue specific initiatives in an effort of promoting their “free market,” pro-corporate agenda.  Not to assist the public in overcoming a health or other issue, not to alleviate the false claims or misunderstandings causing members of our society fear – but rather to capitalize off of that fear and if possible to increase the fear for monetary and political gain.

As we’re told by reading these articles, 1988 was the first time ALEC formed a task force to take up a single issue – HIV and AIDS.  During that period in our history there was much misunderstanding, disinformation and outright lies spread about the disease.  While many were trying to come to grips with the issue, ALEC and one of their pharma members were busy fueling the fires, so to speak…ending with the creation of legislation to criminalize the spread of HIV or AIDS.

I would urge everyone to read the linked articles to fully grasp the way in which ALEC is able to accomplish their agenda – and why they continue to be so successful on advancing their conservative model legislation…

I believe this was a pursuit of ALEC to drive those with the disease to the “cure” which was being manufactured by Hoffman La Roche and was then being studied in trials:

“This pharmaceutical company had the HIV-treating drug zalcitabine (also known as ddC) in clinical trials a couple of years prior. That drug would ultimately win Food and Drug Administration approval in 1992 after three successful trials conducted in cooperation with, among others, the National Cancer Institute.

It was bad enough that Hoffman La Roche was anxious to capitalize off a new drug designed to lead the way in treating a new and dangerous worldwide disease.  The fact that they funded the publishing of a book put out by ALEC that called for criminalizing those with the disease unless they divulged to potential partners that they had such a disease, made it worse.  They weren’t actually trying to cure, rather they were attempting to fuel the flames with incendiary proposals that made it a “law” for those with the ailment to publicly disclose derogatory personal health information…and if they failed to inform, they could face prison.

“The efforts of ALEC’s AIDS policy working group were published that year in a 169-page book containing 13 HIV-specific legislative recommendations. Some of those model laws would, after becoming real state laws, go on to effectively criminalize the behavior of people living with HIV and perpetuate a lasting stigma against HIV-positive people. Today, a majority of states have laws on the books that criminalize HIV exposure regardless of whether the virus was transmitted or there was an intention to infect another person with HIV.”“Every half hour in America someone dies of AIDS!” wrote ALEC’s then-executive director (and former Denver Bronco) Samuel Brunelli and Florida state representative Frank Messersmith, then ALEC’s chairman, in 1989 in their introductory letter published in the AIDS working group’s final report. “Yet, despite this terrible toll, we have been unable to implement a coherent public health strategy for dealing with this modern plague. Instead, we have allowed political special interests to paralyze the legislative process and block effective public health measures. This politicization of the public health process is exacting a deadly price.”

One of the pieces of model legislation drafted by the working group was the HIV Assault Act(adopted by ALEC’s membership as Model legislation in 1995).

“This model bill created a felony charge if a person knew he or she was infected with HIV while engaging in “intimate contact” with another person (exposing one’s bodily fluids to another in a way that could transmit HIV); donating blood, organs, or tissues; or sharing intravenous or intramuscular injection equipment.

There are some who would argue that there were already laws on the books in many states in 1988 making the spread of HIV a criminal act and that ALEC’s efforts were therefore inconsequential.  However, that claim would be false:

“When ALEC produced its model HIV Assault Act in 1989, nine states had HIV-specific criminal laws on the books. Today, 32 states and two U.S. territories have laws criminalizing HIV exposure, according to the Center for HIV Law and Policy. Only a handful of laws require intent to transmit the virus, and none requires an actual transmission for criminal prosecution to proceed. Since 2010, HIV-related criminal charges have led to more than 80 prosecutions against people living with HIV in the U.S., according to the LGBT legal advocacy group Lambda Legal.

ALEC now admits that the creation of the task force and publication of the book was due to the urging of “private interests.”

“Tanner said ALEC, which brings lawmakers and corporate interests together to hammer out legislative recommendations, came to address the HIV epidemic because of pressure from “private interests.””Specifically, he recalled that drugmaker Hoffmann-La Roche was a “big mover” and “put up a lot of funding behind publication of the book…”

The most incriminating aspect of this terrible story?  The names of those sitting upon the ALEC “HIV working group”…

“The co-chairs of the ALEC working group were J. Brian Munroe of Hoffmann-La Rocheand Delaware state Rep. Richard DavisRepresentatives from Nationwide Insurance and Alexander Hamilton Life Insurance also served on the AIDS working group.”

All this sad story is missing is the links between this pursuit of HIV prosecutions, profiting off of the illness and funding and the input from individuals such as Charles or David Koch…but wait, here comes another well known name that weighed in on behalf of ALEC and Hoffman La Roche…:

“Long criticized for not doing enough about the AIDS epidemic, which exploded onto the American medical scene in June 1981, President Ronald Reagan established the first Presidential Commission on the Human Immunodeficiency Virus Epidemic in 1987.The first months of the commission, which deliberated for a year, were plagued by public infighting, leading to the resignation of the chair and another member. The final commission included Richard DeVos, co-founder of Amway and frequent donor to social conservative causes; the late Cardinal John O’Connor, who had served as the archbishop of New York and who openly opposed condoms as an HIV-prevention method; and Penny Pullen, a conservative lawmaker from Illinois.

Penny Pullen
Illinois State Representative Penny Pullen has slipped under the radar of ALEC researchers – until now.  Pullen was a member of ALEC for 14 years, serving on the Board of Directors and upon ALEC’s Education Task Force.  A staunch conservative she complained during the hearings of the Commission on HIV about the tax dollars spent on pursuing the HIV/AIDS epidemic…saying it was paid for by taxpayers and should be used by them and not just as a “headline”, but actually read.
DeVos
DeVos is a well known contributor to ALEC and conservative think tanks and heavily involved in privatization 

efforts of public education.  So President Reagan’s “Commission on the Human Immunodeficiency Virus Epidemic ” included ALEC members and supporters sent there with an agenda.  These folks went right to work finding ways to capitalize off a terrible and frightening disease and to enrich fellow ALEC member, Hoffman La Roche.

Here is a story that only comes out nearly 25 years after the act was accomplished and the damages began to accrue.  This single case demonstrates how ALEC and their conservative cabal use fear to create the illusion that “their” solution is the salvation…how they use the contributors (DeVos and their financial and political influences), their corporate members and influential lawmakers to coordinate their pursuits of profits through crafting legislation that attaches a criminal penalty for failure to comply.

This is precisely what the cabal had already been doing for nearly a decade by filling the public with a fear of crime then crafting criminal justice legislation on three strikes, minimum mandatory sentences and other harsh criminal laws used to fill prisons.  That was followed by creating a prison industrial complex using prisoners for slave labor for corporate manufacturers (claiming the prisoners they worked so hard to imprison needed training for rehabilitation)…when the AIDS/HIV epidemic came along, they put their tried and true skills to work to capitalize off that debilitating disease.  Today they use the same skill sets and tactics to pursue right to work, voter ID suppression and to end collective bargaining.

Still today, the laws ALEC helped to write are still being used to prosecute those with HIV or AIDS in many states.  Hoffman La Roche scored big time, raking in millions in sales of their HIV drug by consumers who’s fears had been elevated by the disease and the legislation put out by ALEC to criminalize those with the disease.

I’m hopeful that the LGBT community takes ALEC and their PhRMA members to task for how this was accomplished, the non-transparent way in which it was done and the mental and physical harm caused by their actions.

BOYCOTT PEARSON NOW!

Pearson, ALEC, and the Brave New (Corporate) World:
Stand Up to Pearson Now!

(Publisher’s Note: We have revised our Boycott Pearson boycottinformation for clarity and in order to add additional research – please use this version, posted April 29, 2012, when sharing.)

 

Supporters of Public Education,

The curtain has been pulled aside recently from the American Legislative Exchange Council (ALEC), exposing the seedy underbelly of our democracy. Organizations like ALEC circumvent the democratic process in favor of corporations. Financial resources are used to influence public officials and provide model legislation meant to easily pass through state houses of governance. Recent examples include infamous “Stand Your Ground” laws and others that seek to limit the voting rights of marginalized populations. Education reform legislation is also part of ALEC’s agenda, with substantial sponsorship from corporate funds to divert the flow of valuable taxpayer dollars away from public schools.

ALEC-inspired advocacy for public education reform typically follows a path to privatization; that is, viewing educational practices vis-à-vis economic and capitalist principles. Strict school choice models, vouchers, private charter management organizations, and the erosion of collective bargaining rights are all examples of the economic management of public education. As opposed to a valuable public good, certain entities prevalent in the education reform debate are forcing schools to motivate themselves by profit and competition. What it means to be an educated person (e.g., college and career ready), what is important to teach (e.g., common standards), and how success is measured (e.g., standardized tests) are currently under significant transformation without the thorough vetting via democratic processes. And with the frustration and confusion ensuing from rapid developments occurring behind closed doors, outside the public spotlight of democracy, there are large corporations conveniently present to sell us products that will solve all of our problems.

Pearson is one such entity that as of late always seems to be at the right place and precisely at the right time. In other words, just as new legislation is passed, as new educational mandates are set, Pearson is suddenly able to provide the legions of educators and school systems clamoring for some kind of answer with just the right product. How can this be? In recent years, this once relatively small publishing house turned itself into a massive provider of a range of educational products, from traditional print materials for the K-12 sector, higher education resources and technology solutions for public school systems. It is one thing to have various products to sell and to allow the marketplace to judge their success or failure. It is another matter to reorganize the rules so that Pearson products are all one needs to buy to satisfy a range of emerging Federal and State education mandates.

For better or for worse, education reform in the United States is largely controlled by legislation. It appears then that Pearson is successfully implementing a two-pronged approach: grease the democratic process in their favor so that certain rules must be followed and from the other side perfectly match their own products so they have exactly what can be bought to satisfy those requirements. Pearson, through connections to ALEC, has become the dominant provider of education resources and services in the K-12 and post-secondary markets. The following are some of the affiliations that made this perfect alignment possible:

  • Pearson acquired the Connections Academy, whose co-founder and executive VP is Mickey Revenaugh, is also the co-chair of the ALEC Education Task Force. In September of 2004, Connections Academy was sold to an investor group led by Apollo Management, L.P. In the fall of 2011, Pearson acquired Connections Education, establishing a leading position in the fast-growing virtual school segment and the opportunity to apply Connections Education’s skills and technologies in new segments and geographic markets.
  • According to Pearson’s website: “Pearson Education and the University of Phoenix (a subsidiary of Apollo Management Group), the largest private (for-profit) university in the United States announced a partnership which will accelerate the University’s move to convert its course materials to electronic delivery.” [emphasis added]. As such, Pearson will certainly provide the materials and the mode of transmission. It must also be stated here that many for-profit universities have been under investigation for student loan fraud and unethical recruitment practices. The CEO of AMG, Charles (Chaz) Edelstein, was Managing Director of Credit Suisse and Head of the Global Services group within the Investment Banking division, based in Chicago. He is also on the Board of Directors for Teach for America, which is a provider of temporary and inexperienced teachers and also frequently associated with corporate education reform. One prominent name in this regard is TFA alum Michelle Rhee, the failed former Chancellor of DC public schools.
  • America’s Choice was also recently acquired by Pearson. This organization is directly associated with the Lumina, Broad, and Walton Foundations, all active members of ALEC. They each promote so-called “innovations” that appeal to the corporate and for-profit mindset.
  • Bryan Cave, LLP is the lobbying firm for Pearson. Edward Koch is currently one of the partners at Bryan Cave. Edward Koch sits conveniently and comfortably on the board for StudentsFirst NY, a branch of the national initiative StudentsFirst, which is the brainchild of failed former Chancellor of DC public schools Michelle Rhee. It must also be stated that Rhee’s tenure is under a dark cloud of investigation for rampant test cheating and tampering in the district.
  • Pearson is contracted with Stanford University to deliver the Teacher Performance Assessment (TPA) to more than 25 participating states. According to Pearson’s website, “TPA is led by Stanford University, American Association of Colleges for Teacher Education, and Pearson.” Furthermore, “Pearson’s electronic portfolio management system will support candidates, institutions of higher education, and state educational agencies by providing registration and account management services, submission of the portfolio for scoring and results reporting.” [emphasis added]. Pearson provides the administrative management skills and broad-based technology and delivery systems that will support the Teacher Performance Assessment (TPA) and bring it to a national scale. Stanford University’s Office of Technology Licensing (OTL) selected Pearson to provide these needed services for the TPA. Let it be known that the U.S. Dept. of Ed. is currently considering teacher preparation programs to be evaluated based on accountability measures similar to public schools.
  • Sir Michael Barber is the current Chief Education Advisor for Pearson. It is no secret that Mr. Barber is a powerful advocate for the free-market approach to education, including union busting, merit pay, and turning public schools into privately run charters.
  • Pearson contracts with Achieve to manage the PARCC assessments. Achieve is funded by Lumina, State Farm (both members of ALEC) and The Alliance for Excellence in Education (AEE). AEE chairman Bob Wise is a regular contributor to and participant with the ALEC educational agenda. Moreover, PARCC awarded Pearson a contract in January to develop a new Technology Readiness Tool, which will support state education agencies to evaluate and determine needed technology and infrastructure upgrades for the new online assessments. Pray tell, who will sell those upgrades?
  • The Tucker Capital Corporation acted as exclusive advisor to The American Council on Education (ACE) and Pearson on the creation of a groundbreaking new business that will drive the future direction, design, and delivery of the GED testing program.
  • The Council of Chief State School Officers (CCSSO) partners with a whole cast of other organizations that promote a corporate, anti-public education reform agenda. CCSSO Central “partners” include (among others) McGraw-Hill and Pearson. CCSSO Director Tom Luna works closely with Jeb Bush, whose associations with ALEC and corporate-reform are too numerous to mention.
  • GradNation is a special project of America’s Promise Alliance, sponsored by Alma and Gen. Colin Powell. Grad Nation sponsors include State Farm (ALEC), the Walton Foundation (ALEC), AT&T (on the corporate board of ALEC), The Boeing Company (ALEC), the Pearson Foundation and Philip Morris USA (ALEC). The GradNation Summit list of presenters reads like an ALEC yearbook.
  • Gen. Colin Powell sits on the Board of Directors for The Council for Foreign Relations, which issued an “Education Reform and National Security” report (co-chaired by Joel Klein and Condoleeza Rice, directed by Julia Levy). The report states, among other things, that: “The Task Force believes that though revamping expectations for students should be a state-led effort, a broader coalition … including the defense community, businesses leaders, the U.S. Department of Education, and others … also has a meaningful role to play in monitoring and supporting implementation and creating incentives to motivate states to adopt high expectations. The Defense Policy Board, which advises the secretary of defense, and other leaders from the public and private sectors should evaluate the learning standards of education in America and periodically assess whether what and how students are learning is sufficiently rigorous to protect the country’s national security interests.” [emphasis added].
  • According to Susan Ohanian: “In the introduction to the Education Reform and National Security report, Julia Levy, Project Director, thanks ‘the several people who met with and briefed the Task Force group including the U.S. Secretary of Education Arne Duncan, Mary Cullinane formerly of Microsoft [Philadelphia School of the Future] [now Vice President of Corporate and Social Responsibility for Houghton Mifflin Harcourt], Sir Michael Barber of Pearson and David Coleman of Student Achievement Partners …’ They were briefed by Houghton Mifflin Harcourt, and Pearson.”
  • Pearson has partnered with the Bill and Melinda Gates Foundation to create a series of digital instructional resources. In November 2011, the Bill and Melinda Gates Foundation gave ALEC $376,635 to educate and engage its membership on more efficient state budget approaches to drive greater student outcomes, as well as educate them on beneficial ways to recruit, retain, evaluate and compensate effective teaching based upon merit and achievement (the Gates Foundation recently withdrew its support for ALEC under the heat of public pressure). However, their billions of dollars still flow to other far-reaching organizations dedicated to dismantling public education.
  • The National Board of Professional Teaching Standards is a private-sector member of ALEC. Bob Wise (Chairman, of NBPTS) and Alliance for Excellent Education presented on “National Board’s Fund Initiative to Grow Great Schools” at the Education Task Force Meeting at the 2011 ALEC annual picnic. According to the NBPTS website, they “announced that it has awarded Pearson a five-year contract for the period 2009-2013 to develop, administer and score its National Board Certification program for accomplished teachers. Pearson will collaborate with NBPTS to manage its advanced teacher certification program in 25 certificate areas that span 16 subject areas.”
  • Pearson has also acquired partnerships with companies to deliver PARCC, SAT testing, GED testing, and was the central player (through Achieve) in the design of the National Common Core Standards. The GED Testing Service, while wholly owned by the American Council for Education, entered into a joint venture with Pearson to transform the GED for some 40 million adult Americans (one in five adults) lacking a high school diploma. This is an entirely new market.

Even with all of Pearson’s efforts, they are not the only game in town. McGraw-Hill is another publisher forging similar connections and making money hand over fist due to NCLB-mandated reading programs like Open Court and SRA Reading Mastery. Of course, after billions spent on Reading First and the McGraw-Hill materials, the federally funded evaluation of the program showed no increase in reading comprehension by third grade. McGraw-Hill is also one of the biggest test publishers in the U.S. and publishes the CTBS, the central competitor to Pearson’s illustrious SAT-10.

The legislation forced upon states to adopt the curriculum (i.e., the Common Core) and its required testing measures (i.e., PARCC) essentially eliminates the possibility of consumer choice (supposedly a key concept in free market ideology) and requires that taxpayer dollars for education be handed over to Pearson and McGraw-Hill as the sole providers of nearly all educational resources available to the schools. It is frightening that Pearson, profiting billions from public education, is simultaneously operated by and sponsors organizations that promote the destruction of public education. It is essentially forcing the public to pay for the demise of its own education system.

It is possible that Pearson and its allies will deny and attempt to refute the information bulleted above. Perhaps the magnitude of their efforts will project the magnitude of their guilt. Whatever the semantics here, if a connection is really an association, if ownership is actually sponsorship, or if partnership actually means membership, it is interesting and coincidental that the above cast of characters constantly find themselves associated with each other. Additionally, the common friend to all seems to be Pearson.

If Pearson is truly interested in profit, as all corporations typically are, then consumer pressure is the best way to be heard. We at United Opt Out National are calling on everyone to take a stand against Pearson by doing any or all of the following:

  • Refuse to buy their materials or adopt them in your courses or for personal use.
  • Bring these concerns to local PTAs, school boards and libraries.
  • If required to use Pearson products due to professional obligations, do so under public protest.
  • Promote the use of ACT rather than SAT, as SAT is a Pearson product.
  • Inform Pearson of your actions.
  • If you are in higher education, discuss your concerns with your local Pearson representative, informing them that for these purposes you are not going to adopt their materials in any of your courses.

Raise public awareness so the brakes can be put on this madness. Please click here to see Education News’ sample letter, which you are encouraged to share so that others may refuse Pearson products.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

This article is written by or from a variety of publications on EducationViews.org on March 11, 2013 and is published in Education News.
Education Newshttp://educationviews.org/boycott-pearson-now/#
Please visit their site to read the Pearson Boycott Letter
and to sign your name and intention to Boycott Pearson
in their Comment Section by clicking here