October 2023: AESA State Examiner

Effective advocacy takes time and patience. Understanding this reality is important to influence policy development and implementation. Now more than ever, educational service agencies must position themselves as reputable, reliable, and effective advocates for high-quality educational opportunities for all kids regardless of where they live and attend school. Understanding that policymaking is an iterative process can help one to establish reasonable expectations for results and design a long-term, multi- faceted advocacy strategy that is more likely to produce the desired outcomes. Effective advocacy is a multi-stage process from policy development to legislative adoption to enactment and, finally, agency implementation. It’s a marathon not a sprint.
The article below explores influencing both the legislative and state agency rule-making processes along the journey to implementation.

INFLUENCING LEGISLATURES & STATE RULE MAKING AGENCIES: SIMILARITIES & DIFFERENCES
Influencing legislative bodies and state departments of education and other rule-making state agencies can include similar tactics and strategies. But there are important differences. Understanding those differences and adjusting one’s approach and strategies can improve advocacy outcomes. This article explores those similarities and differences.

State legislatures and state agencies play distinct roles in the governance of a state and implementing an effective advocacy strategy requires different approaches. Here are the key similarities and differences:

Similarities:
1. State-level Authority: Both state legislatures and state agencies operate at the state level, with authority over various aspects of state governance.
2. Policy Influence: Both can influence policies and regulations that affect businesses, individuals, and organizations like ESAs and schools within the state.

Differences:

State Legislatures:
Lawmaking: State legislatures are responsible for making and amending laws. They introduce, debate, and pass bills into law. They have the power to create new laws, change existing ones, and
allocate state resources.

Appropriation Authority: Consistent with and aligned to lawmaking powers, legislatures control the purse strings and are responsible for appropriating funds for the operation of state
government by state agencies and other political subdivisions.

Elected Representatives: Members of state legislatures are elected by the public and serve fixed terms. They are accountable to their constituents, making them responsive to public opinion.

Public Hearings: Legislation typically goes through a public hearing process, allowing stakeholders to voice their opinions and concerns. Understanding legislative rules and procedures can help
influence this stage of the process.

State Agencies:
Regulation Implementation: State agencies are responsible for implementing and enforcing state laws and regulations within their specific domains, such as education, health and human services,
workforce, transportation and more.

Appointed Officials:
Agency heads and key staff are typically appointed by the governor or relevant state authority. They serve at the pleasure of these appointing authorities.

Rulemaking: Agencies have the authority to create and enforce detailed regulations that specify how laws are implemented on a day-to-day basis.

Approaches:

When lobbying or advocating a position with state legislatures, focus on building relationships with elected representatives, framing issues in terms of public interest, and mobilizing public support. You don’t have to go it alone. Speaking with one voice as an ESA network and coalition building with like-minded partners (including those outside of education) can prove to be effective strategies.
When lobbying or advocating for change with state agencies, emphasize expertise, data, and a clear understanding of how proposed regulations would impact the relevant industry or issue.

Lobbying State Legislatures:

• Lobbying state legislatures often involves engaging directly with elected officials, building relationships, and advocating for specific bills or policy changes.
• Lobbyists may need to conduct public outreach, rally constituents, and provide data and expert testimony during hearings to sway legislative decisions.

Lobbying State Agencies:

• Lobbying state agencies often involves engaging with agency officials, attending rulemaking meetings, and providing input on proposed regulations.
• It may require a deep understanding of technical or industry-specific details, as well as the ability to navigate bureaucratic processes. This is a part of the advocacy process to actively engage program-level, subject matter experts from ESAs or other stakeholder groups.

In summary, state legislatures primarily create laws, while state agencies implement and enforce them. Lobbying state legislatures involves political advocacy and public engagement, whereas lobbying state agencies requires technical expertise and regulatory knowledge. Tailoring your approach to these differences is crucial for effective advocacy at the state level. As always, be cognizant of your respective state’s legislative ethics and related laws or rules governing advocacy and direct lobbying.