3 Model Policies to Boost State Transparency at the Start of Legislative Sessions 

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| January 21, 2025

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As state legislative sessions kick off across the country, it is an opportune time to prioritize policies that enhance transparency, empower citizens, and foster accountability. The Right on Transparency coalition, of which Americans for Prosperity Foundation is the founding member, has identified key areas where states can lead the way. Three of the coalition’s model policies, highlighted below, offer compelling recommendations for ensuring government operates in the open and remains accountable to the people it serves. 

1. State Disclosure of Federal Guidance Documents 

Federal agencies often issue guidance documents that significantly influence state policies. These documents, while not legally binding, shape how state agencies implement federally funded programs and otherwise allocate resources, and they moreover shed light on how federal regulators might be trying to change the legal landscape. Unfortunately, federal guidance documents are often issued without sufficient public scrutiny or input. A guidance document, for example, is not normally subject to a period of public notice-and-comment as with informal rulemaking.  And they might never be made publicly available without filing a Freedom of Information Act request. 

When states choose to proactively disclose federal guidance documents that their agencies receive, it can prove to be a crucial step toward transparency. By making guidance easily accessible to the public online, state lawmakers and citizens alike can better understand how federal directives impact state decision-making. Such disclosure also ensures that federal guidance does not subvert the rule of law and allows for informed public discourse. 

2. Preventing the Abuse of Copyright to Limit Access to Educational Materials 

Parents around the country are discussing, often passionately, the appropriateness of their children’s instructional materials. Facts about what children are being taught in public schools are central to this debate. However, a growing number of school districts refuse to provide parents with curricula and other controversial in-class materials, claiming they are protected by copyright laws and thus shielded from disclosure under state and local transparency laws.   

States should secure parents’ access to public school curricular materials by affirming that those materials are public records and access to them is protected by federal and state law. It does not violate copyright to use school materials for “purposes such as criticism, comment, news reporting, teaching . . . scholarship, or research.” (17 U.S.C. § 107) Schools invoking copyright—all of which have lawyers giving them taxpayer-funded legal advice—ought to know this. Parents are not trying to profit from the work of authors and publishers; they are seeking information about their children’s education. 

3. Eliminating Excessive Fees for Public Records Requests 

Public records laws are a cornerstone of transparent government but excessive fees for accessing these records can create significant obstacles for citizens and journalists. Fees often discourage requests, limit oversight, and reduce the public’s ability to hold government accountable. 

“Reasonable” fees are those directly related to the processing of a request, and which are not so exorbitant as to discourage requesters from exercising their right of access. By reducing these financial barriers, states can reinforce the public’s right to know and promote a culture of open government. 

Looking Ahead 

As lawmakers convene for the new legislative sessions, they can prioritize transparency and accountability by adopting these three model policies. By doing so, they can empower citizens, strengthen trust in government, and create a foundation for good governance. 

For more information on these policies and how they can be implemented in your state, visit Right on Transparency