Senator Tom Harkin And Education Reform: Whose Side Is He On?

U.S. Senator Tom Harkin (D-IA) penned an opinion piece for Politico on Monday evening titled, “Updating No Child Left Behind.” In it, Senator Harkin argues the No Child Left Behind legislation needs an overhaul that retains “its commitment to educating all children to high standards, while overhauling elements of the law that have proved ineffective.” Harkin’s measures for reform sound very reasonable, including focusing on “teaching and learning, not testing and sanctioning,” and eliminating “one-size-fits-all approaches” by replacing existing law with “state-designed accountability systems.” Further, Harkin writes, “the bill aims for a federal role that does fewer things – more effectively.” Wow, he almost sounds more like a Republican here than a liberal Democrat.

Few would argue that Harkin, as Chairman of the U.S. Senate Committee on Health, Education, Labor, & Pensions, is a central figure in efforts to reform education. And to many, Senator Harkin seems the ideal man for the job.

Senator Harkin has long been known for his passion for education and advocacy. As Harkin states on his website, “education is the key to success in this country. It has the ability to transform an individual’s life and give them opportunities above and beyond the generations that came before them. Every American should have a chance at an outstanding, well-rounded education.”

During his ill-fated presidential campaign in 1992, Harkin blasted Bill Clinton for ignoring the needs of children and promised not to leave any children behind if elected president.

During The 1992 Presidential Campaign, Harkin Attacked Bill Clinton For Not Addressing The Needs Of Children When Clinton Was Governor Of Arkansas. “Along with the announcement was stapled another sheet, assembled by the Harkin campaign, purporting to describe how several advocacy groups and newspapers rated Arkansas’ record on children’s issues while Bill Clinton was governor. . . . ‘What’s happened in Arkansas is that the children are being left behind,’ Harkin told reporters.” (Cathleen Decker and Paul Richter, “5-Man, 9-Day Sprint Caps Primary Marathon In N.H.,” Los Angeles Times, 2/9/92) 

As A Presidential Candidate Harkin Promised To Pay Attention To Children And Not Leave Any Child Behind. “‘It’s going to cost a lot,’ he said. ‘Just to fully fund Head Start will cost about $5 billion. But I submit you’re asking the wrong question - ask how much it would cost if we don’t,’ he said, pounding a toy stove he was using as a lectern. ‘Whatever it’s going to cost, we’re going to do it, because we’ve left these kids behind. This government under President Harkin is not going to ignore its children.’” (Peter S. Canellos, “Harkin Backs More Funds For Children,” The Boston Globe, 2/7/92)

Coupled with education, Harkin for years he has fought for the defenseless, particularly children. Remember when he was astute enough to discern that Cuban fugitive Elian Gonzalez was being “abused” by his American relatives in Florida by watching the news?

In 2000, Harkin Said That The Relatives Of Elian Gonzalez Should Have Been Charged With Child Abuse Because The Boy’s Image Appeared On Television. “The Miami relatives of young Elian Gonzalez are committing flagrant child abuse by subjecting the boy to the pressures of a high-profile custody fight, Sen. Tom Harkin, D-Iowa, said. ‘This has gone beyond all bounds of sanity,’ said Harkin, in a conference call with Iowa reporters Thursday. Harkin said he had kept his silence on the issue, but decided to speak up after seeing images of the youngster on television late Wednesday night. ‘It’s clear the family is flouting the law only to force a public confrontation,’ Harkin said. ‘They ought to be charged with child abuse, because that’s what it is, flagrant child abuse.’” (Mike Glover, “Harkin Sees ‘Child Abuse’ In Cuban Boy Case,” The Associated Press, 4/14/00) 

Harkin Believed The Relatives Of Elian Gonzalez Were Also Abusing The Cuban Boy By Filling His Head With Ideas Of Living In America And By Keeping Him Awake At 11:00 P.M. “Harkin said he was upset by images of the youngster on television saying he didn’t want to return to Cuba. That’s clear manipulation by adults not looking out for his best interests, Harkin said. ‘Who knows what they’ve stuffed in his head?’ Harkin said. ‘There he is on the 11 O’Clock News, being paraded around on their shoulders,’ Harkin said. ‘At 11 o’clock, he ought to be in bed.’” (Mike Glover, “Harkin Sees ‘Child Abuse’ In Cuban Boy Case,” The Associated Press, 4/14/00)

Harkin was the lead Democrat in the Senate to include the take-over of the student loan industry as part of ObamaCare’s reconciliation with the U.S. House. Harkin has “also focused on renewing the Elementary and Secondary Education Act in the near future.”

As “Chairman of the Senate Education Committee and of the Appropriations panel that funds education initiatives, Senator Harkin is committed to improving the quality of education at all levels and to ensuring that every American student has access to a 21st Century education.”

And who can forget that Harkin’s greatest “signature legislative achievement remains the 1990 Americans With Disabilities Act, which extended broad civil rights protections to an estimated 54 million Americans with mental and physical disabilities.”  (Jessica Brady, “CQ Politics In America Profile,” CQ Roll Call, 12/29/10)

Harkin’s 35-plus years of experience on Capitol Hill and his commitment to education, as well as the well-being of children and the disabled, would seemingly make Harkin the best man for the job to reform education law. Or maybe not. Perhaps Harkin, who has been a liberal fixture of Washington since before the formation of the Department of Education, really has his own best interests at heart, his campaign coffers, his next election and the interests of those who support him.

So where do Harkin’s interests lay? Are they with the children, taxpayers, or the country? Or do his interests intersect with those who support him? This of course is no easy question to answer. So let’s take a look at some facts and figures, primarily Harkin’s benefactors.

According to the Center for Responsive Politics, a non-partisan Washington, D.C., based campaign finance watchdog organization, Harkin has received more than $595,646 from the education industry, which is the 10th most generous donor to Harkin since 1989. Harkin’s second largest donor is the University of Iowa, which has contributed nearly $75,000 to Harkin since 1989.

The Center for Responsive Politics also reports Harkin has received nearly $1.7 million from labor unions since 1989. More than $407,000 of that figure comes from public sector unions, like the American Federation of Teachers who contributed $45,000.

As we’ve seen on the public sector union front in Wisconsin earlier this year, particularly those representing teachers, the interests of those teachers and unions are centered on their collective bargaining rights. They’re more concerned with their pay, their lavish benefit programs, and favorable work conditions which make it nearly impossible to fire a bad teacher and promotes those based on seniority over proven results on a last-in, first-out formula. These are all benefits private sector taxpayers do not enjoy nor expect.

These unions, who have contributed large sums of money to Harkin, don’t necessarily have the best interest of children, the taxpayer or the country at heart. On education reform, whose side is Harkin going to come down on? The teacher’s union bailout bill he sponsored in April 2010 suggests it’s the unions Harkin will favor:

“The Keep Our Educators Working Act was recently introduced by the two congressional education committee chairmen, Sen. Tom Harkin, D-Iowa, and Rep. George Miller, D-Calif.”  (Eliza Krigman, “The Education Jobs Bill And Reform,” National Journal, 5/10/10)

“The bill will create a $23 billion Education Jobs Fund to help keep teachers, principals, librarians and other school personnel on the job as states face crippling budget shortfalls.”  (Senator Tom Harkin, “Harkin Introduces Bill To Keep Educators On The Job,” Press Release, 4/14/10)

“The Obama administration came out Thursday in support of emergency education funding legislation that would provide $23 billion to preserve teacher jobs in the face of massive impending layoffs across the country.”  (Mary Bruce, “Obama Administration Backs $23B Bill To Save Teacher Jobs,” ABC News, 5/14/10)

“Some groups are arguing that the legislation should include changes to the teacher tenure process . . .”  (Eliza Krigman, “The Education Jobs Bill And Reform,” National Journal, 5/10/10)

“Harkin, however, last week rejected the idea of including teacher reform in the measure, saying that such policy efforts should be dealt with in a more ‘thoughtful’ way in separate legislation.”  (Eliza Krigman, “The Education Jobs Bill And Reform,” National Journal, 5/10/10)

“The heads of the two largest teachers unions, Randi Weingarten and Dennis Van Roekel, also dismissed the notion of including teacher reform in the bill.”  (Eliza Krigman, “The Education Jobs Bill And Reform,” National Journal, 5/10/10)

What of Harkin’s other donors? Since 1989, lawyers and lobbyists have contributed more than $3 million to Harkin’s campaign coffers, some of which undoubtedly have an interest or stake in the fight. Likewise, liberal ideological or single-issue organizations have contributed over $2.4 million, some of which likely have an interest as well.

But Harkin has enjoyed his greatest support from Kenneth M. Mazik. You won’t find him listed as such on the Center for Responsive Politics website though. That’s because Mazik has contributed or directed contributions exceeding $100,000 to Harkin’s affiliated campaign and leadership PAC committees through a maze consisting of his family, employees, and organizations. On at least one occasion, Harkin even used Mazik’s private plane.

So who is Ken Mazik and how can he afford to lavish Harkin with his largesse. He made his initial fortune at the race track, owns his own private plane, estates in Delaware and Florida, and has enough to spend lavishly on art and cigars.

Mazik’s Story Reads Like A Hollywood Movie, Making His Original Fortune At The Race Track With A Horse Named “Silk Stockings.” “It sounds like an old-fashioned Hollywood movie. A dedicated couple start a boarding school for autistic children in a faded mansion in rural Delaware. Struggling to make ends meet, they pool their personal resources to buy a racehorse named Silk Stockings. The filly not only wins thousands but also makes harness-racing history, all for the sake of the children. That is the way the story of the Au Clair School was told in the mid-1970’s, in heartwarming television features and news articles across the country.” (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

Mazik Owns His Own Private Plane, As Well As Estates In Delaware And Florida.  “With his own plane and pilot, a home on a former du Pont estate in Wilmington, Del., and one in Eustis, Fla., Mr. Mazik, 57, has come a long way from the 29-year-old social worker who started Au Clair from scratch and paid the bills with a bet on a racehorse.” (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

Mazik Paid Thousands Of Dollars For The Controversial Robert Mapplethorpe Photograph, “Larry And Bobby Kissing.” “[A] lower priced work, ‘Larry and Bobby Kissing,’ set a record for a single Mapplethorpe photograph. The auction had valued the picture of male lovers at $12,000 to $15,000, but dealer Ken Mazik bought it for $17,600.” (Suzanne Muchnic, “Stieglitz, Mapplethorpe Sell For Record Prices,” Los Angeles Times, 10/31/89)

“Mazik, who owns schools for autistic children in Delaware and the nearby Lake Jem area, broke a record at the New York auction by paying $17,600 for the art.”  (Bill Bond, “Is Mount Dora Ready For ‘Homoerotica’?” Orlando Sentinel, 1/10/90)

“According to the magazine item, Mazik will display the photos in the ‘Kizam Gallery’ in Mount Dora. Kizam, of course, is Mazik spelled backward.”  (Bill Bond, “Is Mount Dora Ready For ‘Homoerotica’?” Orlando Sentinel, 1/10/90)

The Late Robert Mapplethorpe Was A Photographer Whose Homoerotic And Sadomasochistic Photographs Caused Great Controversy. “A round of photography auctions opened here on Monday with a host of shattered records and keen interest in the controversial work of the late Robert Mapplethorpe. . . . Mapplethorpe’s homoerotic and sadomasochistic photographs are at the center of a continuing furor over the federal government’s funding of art.” (Suzanne Muchnic, “Stieglitz, Mapplethorpe Sell For Record Prices,” Los Angeles Times, 10/31/89)

Mazik Owns A Wide Range Of Cigars. “‘An aficionado has a range of cigars to match his mood or taste at a particular time,’ said Ken Mazik, a Mount Dora entrepreneur with one of the best-stocked humidors in Central Florida. There are short ones, long ones, thin ones, fat ones and some shaped like torpedos. The fat ones tend to offer a cooler smoke and the longer ones require more time to smoke.” (Brad Kuhn, “The Cigar Mystique, A Look At The Past, Present A Guide To Selecting, Smoking A Fine Cigar,” Orlando Sentinel, 1/19/96) 

Mazik Believes That Cigar Smoking Is Like Sex—To Be Enjoyed It Should Not Be Rushed. “Time is of the essence when it comes to cigar smoking. Mazik compares it to sex. To be truly enjoyed, the experience should not be rushed. Unlike cigarettes, which are smoked primarily for the nicotine buzz, cigars are smoked primarily to relax. Mazik recommends setting aside at least an hour.” (Brad Kuhn, “The Cigar Mystique, A Look At The Past, Present A Guide To Selecting, Smoking A Fine Cigar,” Orlando Sentinel, 1/19/96)

Of course Mazik didn’t just build his fortune at the race track, he’s also been associated with a number of business entities in Florida and Delaware: 431 Corporation, AdvoServ, AdvoServ of Florida, Inc., All Care Group Home #2, Inc., Au Clair School, Inc., Baker Street Gallery, Inc., Carlton Palms Educational Center, Inc., Celeste Foundation, Inc., Championship Productions, Inc., Kizam Corporation, Jovius Foundation, Inc., Main Street Leasing Company, and Orlando Financial Corp., to name a few. These business entities use common addresses, including:

4185 Kirkwood St Georges Road

Bear, DE 19701

28334 Churchill Smith Lane

Mount Dora, FL 32757

699 E. 5th Ave.

Mount Dora, FL 32757

It is Mazik’s business connections to Au Clair School and AdvoServ that are of most interest. Mazik built part of his wealth off the backs of taxpayers who have chipped in through the years to pay for services for the physically and mentally disabled, mainly through the Au Clair School he founded, and later AdvoServ. AdvoServ specializes in treating people with “developmental disabilities or mental health issues.” AdvoServ has locations in Delaware and Florida, where Mazik owned residences, and New Jersey.

Treating folks with disabilities, both mental and physical, is noble work. However, not all appears to be so noble in the world of one of Harkin’s most loyal and generous contributors. As award winning investigative reporter Nina Bernstein detailed in this New York Times article, Mazik was instrumental in getting the word “nonprofit” deleted from federal welfare reform in the 1990’s, thereby enabling his company to compete for “the billions of dollars that the Government spends each year to support poor children who are taken away from homes judged unfit.”

“Mr. Mazik’s Biggest Lobbying Coup, The One That Changed A National Policy, Took Two Years To Accomplish.”  (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

“It Began In 1994, When The City Of Philadelphia Warned That Unless Au Clair Turned Nonprofit, It Might Lose Its $3.7 Million Contract To Care For 31 Philadelphia Children.”  (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

“Like Many States And Localities Coping With Cutbacks, Philadelphia Wanted To Be Able To Cover More Of Its Bills For Such Children With Unlimited Federal Child Welfare Payments.”  (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

“Mr. Murphy, The Company Vice President, Said Mr. Mazik Did Not Want To Change The Nature Of The Company. So Mr. Murphy, Mr. Mazik’s Top Aide, Went To Work.”  (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

“At Meetings With House And Senate Staff Over Two Years, He Pressed For The Change In Law As A Minor, Uncontroversial Matter Of Equity.”  (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

“Through The Efforts Of The Company, A Single Word – ‘Nonprofit’ -- Was Deleted From An Obscure Paragraph Of The 400-Page Bill That Dismantled Six Decades Of Poverty Policy.”  (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

“. . . A Closer Look At The Little-Noticed Change Engineered By Its Founder, Kenneth M. Mazik, Shows That It Sharply Alters Government Policy On Care For The Poorest Children.”  (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

“Historically, Only Foster Families Or Nonprofit Institutions, Mostly Charity-Based, Were Eligible For This Money. It Is Now The Last Unlimited Pool Available For Poor Children.”  (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

“Companies Like His Have Always Been Able To Get Other Kinds Of Federal Money, But Not To Tap Into The Increasingly Important Child Welfare Pot.”  (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

Note: Harkin voted in favor of the welfare reform bill:

Budget Reconciliation-Welfare Overhaul – Conference Report.  (H.R. 3734, CQ Vote #262: Adopted 78-21: R 53-0; D 25-21, 8/1/96, Harkin voted Yea) 

Budget Reconciliation-Welfare Overhaul – Passage.  (H.R. 3734, CQ Vote #232: Passed 74-24: R 51-1; D 23-23, 7/23/96, Harkin voted Yea)

Mazik, the businesses that stood to benefit from the welfare reform legislation, as well as his employees, have been accused of inflicting abuse on the children in their care:

For Years Ken Mazik Had Been Accused Of Mistreating Children And Evading Government Oversight While Collecting Funds At A Rate Of At Least $140,000 For Each Child. “Over the years, Mr. Mazik has been accused of mistreating children in his care and of evading meaningful government oversight, even as his company expanded to care for 130 disturbed children from 24 states -- at sites in Bear and Middleton, Del., and Mount Dora, Fla. -- at  yearly rates of more than $140,000 for each child.” (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97) 

Ken Mazik Admitted To Physically “Beating A Mentally Retarded Boy With A Riding Crop,” Defending The Action As “Therapeutic.” “Mr. Mazik himself, in the late 1970’s, acknowledged beating a mentally retarded boy with a riding crop in front of several staff members. That was one of the incidents at Bear that he defended as therapeutic after staff members complained to the Delaware authorities and the local newspaper that he was abusing children in his care.” (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

For Many Years, Mazik “Cared” For Disturbed Children Without Government Supervision. “[Mazik’s] company has always specialized in the children nobody else wanted, at some of the highest prices in the industry. In 1992, the children under Mr. Mazik’s care included 13 mentally retarded and emotionally disturbed wards of New York City’s child welfare agency, who had been sent to the Delaware center under a contract with the city. They had been left for as long as six years without a visit from the officials who were paying for their care.” (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

Mazik Opened A 52-Bed Center In Florida During The 1980’s And Operated It Without A License. “The public wards now in Mr. Mazik’s care include those in a 52-bed center that he opened without a license in the mid-1980’s in Mount Dora, Fla., 25 miles northwest of Orlando. It went unlicensed by the state for years, because it imported children from other states, under government contracts, but took none from Florida, said Kingsley Ross, formerly the state’s director of developmental services.” (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

Mazik’s Institution Received A License In Florida Despite The Fact That Its Manual Instructed Employees In The Use Of Electrical Shocking Devices—Devices Illegal In Florida. “Ultimately, Au Clair won its license, [former Florida director of developmental services Kingsley] Ross said, despite his discovery of an Au Clair manual instructing staff in the use of electrical shocking devices that were illegal in the state. He said Mr. Mazik, who denied using the devices on children at the Florida site, hired former state legislators as lobbyists and won a licensing category all his own.” (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

An investigation by New York officials found children living in appalling conditions and worked diligently to remove all of the state’s wards from Mazik’s care:

Once New York Inspectors Searched Mazik-Controlled Institutions They Found Children In Trailers Reeking Of Urine And Feces And Bound By Immobilizing Restraints. “A New York city inspection team finally sent to check on children in the $429-a-day program found them in trailers that reeked of urine and feces, team members said in interviews. One deaf boy, weeping silently, had lain there for hours in an immobilizing ‘wrap mat’ restraint that had cut off his circulation, they said.” (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

Child Welfare Workers Wept After Viewing The Pitiful Conditions In Which Mazik Kept The Children Under His Care. “‘I cried all the way back on Amtrak,’ recalled one of the two child welfare officials who described the episode on the condition that their names not be used. ‘I told my boss, if it’s the last thing I do, I’m shutting down their contract.’  State officials with responsibility for care of the mentally retarded agreed that something had to be done.” (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

Local And State Inspectors Removed All New York Wards Because The Children At Au Clair Suffered Physical Abuse And Lacked The Most Basic Items Such As Underwear. “Another team of inspectors sent from New York in 1992 told of such deplorable conditions and maltreatment of children at Au Clair that city and state officials removed all the New York wards. And in recent interviews, three current employees spoke of staff levels so low at the Bear campus, that residents were endangered, of children who had lacked such basics as shoes, toys and underwear, and of disturbed youngsters who suffered broken noses, black eyes and missing teeth in suspicious circumstances that went uninvestigated.” (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

The New York Child Welfare Agency Inexplicably Described Living Conditions At Au Clair As “Satisfactory” Even Though The School Utilized Mechanical Restraints That Were Prohibited By The City. “As officials struggled to get the children out, Au Clair continued to receive favorable annual performance reviews from the city’s Child Welfare Agency, which were required to justify its contract with the institution as long as the children remained there. . . . The evaluation, issued in May 1994, one month before the remaining New York children were removed, called the living conditions ‘satisfactory’ but noted that Au Clair used ‘personal mechanical restraints’ that were prohibited by city standards and added that a future visit would check that these measures were not being used.” (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)

New York Officials Lamented That They Had To Leave Some Children In Mazik’s Care. “[Former director of planning and governmental relations for the New York Office of Mental Retardation and Developmental Disabilities Carol] Kurlander stressed that neither the state nor the city had the resources to monitor their care. ‘Our main concern was getting New York State kids out,’ she said. ‘We felt sorry for those who would be left behind.’” (Nina Bernstein, “Deletion Of Word In Welfare Bill Opens Foster Care To Big Business,” The New York Times, 5/4/97)  

Harkin, a long-time champion for education and the disabled,  and Mazik’s relationship goes back more than 17 years. In December 1993, as Mazik was gearing up to lobby welfare reform, Mazik and his business associates and employees contributed at least $14,000 to Harkin’s campaign committee, “Citizens for Harkin.”

Contributions have flowed into the campaign coffers of Harkin connected campaign and leadership PAC accounts ever since. But the relationship between Harkin and Mazik appears to have taken on more than the ordinary relationship of a donor who supports a politician who in turn is of course, grateful.

Take for example the time Harkin’s campaign apparently made use of Mazik’s plane. On August 3, 2000, Harkin’s campaign committee reported disbursing $1,735 to Mazik for “payment plane use airfare.”  Check it out for yourself. You’ll find the disbursement in his campaign committee’s Year-End 2000 campaign finance report on record with the Federal Election Commission (FEC) on the bottom of page 80.

So what was the plane used for? Well, it was most likely for a fundraiser or event of some sort. If it was a fundraiser, how’d Harkin make out? It looks like if there was a fundraiser it was actually in May, not August. On May 30, 2000, Harkin deposited $2,000 from Mazik. He also pocketed $6,000 from other known associates of Mazik.

On June 28, 2001, a strange contribution to “Iowa Senate 2002,” a joint-fundraising committee (JFC) between Harkin’s campaign committee and the Democrat Senatorial Campaign Committee (DSCC), was deposited. Records on file with the FEC show a soft-money contribution to the JFC from “431 Corporation”, for $20,000. You’ll find the disbursement in the DSCC’s July Monthly 2001 campaign finance report on record with the FEC on the bottom of page 257. The corresponding address for the contribution was 4185 Kirkwood-St. Georges Road, Bear, DE, 19701. As you may have already guessed, the address is identical to that of Mazik’s AdvoServ Delaware location as well as other business entities associated with Mazik.

On June 14, 2001, approximately two weeks before depositing Mazik’s $20,000 contribution, Harkin sponsored an amendment to Elementary and Secondary Education Act reauthorization bill, concerning disciplining students with disabilities.

ESEA Reauthorization – Disciplining Students With Disabilities. “Harkin, D-Iowa, amendment to the Jeffords, I-Vt., substitute amendment. The Harkin amendment would allow education agencies to establish and implement uniform discipline policies regarding all students under their jurisdiction. It would provide that if a child’s behavior is disability-related, or the school has failed to provide a required service, then the child cannot be segregated out of the classroom without following current policies and procedures. If a disabled child’s behavior is not disability-related, then the child may be removed from the classroom pursuant to general discipline code and must receive services in an alternative setting.” (S.1, CQ Vote #187: Rejected 36-64: R 4-45; D 31-19; I 1-0, 6/14/01, Harkin voted Yea)

Supporters Of The Amendment Argued That Harkins Legislation Would Allow Educators To Better Enforce Discipline. “The Senate on June 14 rejected an amendment by Sen. Tom Harkin, D-Iowa, to amend the Individuals with Disabilities Act in regard to discipline. Those in favor of the amendment say it will allow educators to better enforce discipline. Those opposing the amendment argue that a uniform policy of discipline for students with or without disabilities is appropriate.” (“Congressional Votes For The Week Of 06/08 - 06/15/2001,” States News Service, 6/15/01)

On July 12, 2004, Harkin paid tribute in the Senate to Ronald Mazik, who would appear to be the father of Ken Mazik:

Harkin: Tribute To Remember Ronald R. Mazik. “Mr. President, today I want to take a few minutes to remember Ronald R. Mazik and pay tribute to the many contributions he has made to his community, to his profession, and to this country.”  (Senator Tom Harkin, “Tribute To Ronald R. Mazik,” Congressional Record, 7/12/04, Pg. S7932-S7933)

“Ron conceptualized and initiated innovations in the use of video and advanced communication systems, which are revolutionizing the way health services are provided to people with exceptional needs. His seminal work in interactive video promises to improve both the accessibility and quality of supports to those with developmental, mental and physical challenges, and brings us closer to our dream of insuring that all citizens lead a full and healthy life. The intellect and energy that Ron applied toward that goal must be regarded as an olympic performance.”  (Senator Tom Harkin, “Tribute To Ronald R. Mazik,” Congressional Record, 7/12/04, Pg. S7932-S7933)

Harkin Noted Tribute Was To Father Of Ken Mazik. “Of Ron’s contributions to the field of telehealth and to society, those close to him knew that he most valued his role as a father to his sons, Ron and Ken. With his many accomplishments, he unfailingly looked to his sons as his greatest source of pride and of joy.  (Senator Tom Harkin, “Tribute To Ronald R. Mazik,” Congressional Record, 7/12/04, Pg. S7932-S7933)

“It is an honor to recognize Ronald R. Mazik for his contributions to all of our lives.”  (Senator Tom Harkin, “Tribute To Ronald R. Mazik,” Congressional Record, 7/12/04, Pg. S7932-S7933)

On June 30, 2004, about two weeks before paying tribute to Ronald Mazik, Harkin’s leadership PAC - To Organize a Majority PAC (TOM PAC) - deposited $17,000 from Ken Mazik and Mazik’s known business associates.

On June 27, 2007, Harkin introduced S. 1710, the “Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act” of 2008. The related bill in the U.S. House was H.R. 3043, introduced by then Representative David Obey (D-WI).

On June 29, 2007, two days after Harkin introduced S. 1710, Harkin’s campaign committee deposited $13,800 from Mazik and Mazik’s known business associates. $2,000 of the $4,600 Mazik originally contributed was refunded the next day, keeping $2,600. Neither Mazik nor his known business associates appear to have contributed to Obey.

Mazik’s company, AdvoServ, spent $50,000 in 2007 lobbying Harkin’s bill, S. 1710 and the House related bill, H.R. 3043. Reports by AdvoServ’s lobbyist, U.S. Strategies Corp, indicate AdvoServ’s specific lobbying issue was “Medicaid Funding, Developmental Disabilities/Autism, Telhealth/Telemedicine, Labor HHSE Appropriations S1710/HR 3043 FY ’08 Labor/HHS/Education Appropriations; provisions relating to centers for Medicare and Medicaid services (CMS).”

Harkin’s bill, S. 1710 never came up for a vote in the Senate. However, the related bill that originated in the U.S. House (H.R. 3043) did. Harkin voted in favor of passage of the approps bill:

Fiscal 2008 Labor-HHS-Education Appropriations – Passage. “Passage of the bill that would appropriate $605.5 billion, including $149.9 billion in discretionary spending, in fiscal 2008 for the departments of Labor, Health and Human Services (HHS) and Education and related agencies. It would provide $63 billion for the Education Department, including $14.5 billion for Pell Grants; $14.9 billion for the Labor Department, including $3.6 billion for training and employment services; and $479.1 billion for HHS, including $29.9 billion for the National Institutes of Health and $401.4 billion, most of which is mandatory spending, for the Centers for Medicare and Medicaid Services.”  (H.R. 3043, Vote #391: Passed 75-19: D 44-0; R 29-19; I 2-0; 10/23/07, Harkin voted Yea)

After the U.S. House and Senate concurred to the appropriations bill, President George W. Bush issued a veto. The House voted to override the veto on November 15, 2007, but failed.

Perhaps this is all coincidence, but questions remain. On education reform, whose side is Harkin going to come down on, his donors with their own interests, or those of the taxpayers, and more importantly, the children?

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