IERB Jan 2017 #2 Attachment to official complaint,

17 January, 2017 #2

Violation (s) of OCGA 50-36-1
DeKalb County School District/Cross Keys High School et al

Under Georgia law Public Benefits may only be administered to eligible applicants.

OCGA 50-36-1
“(f) (1) Except as provided in subsection (g) of this Code section, an agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to:

(A) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2, or a copy or facsimile of such document. Any document required by this subparagraph may be submitted by or on behalf of the applicant at any time within nine months prior to the date of application so long as the document remains valid through the licensing or approval period or such other period for which the applicant is applying to receive a public benefit; and

(B) Execute a signed and sworn affidavit verifying the applicant’s lawful presence in the United States under federal immigration law; provided, however, that if the applicant is younger than 18 years of age at the time of the application, he or she shall execute the affidavit required by this subparagraph within 30 days after his or her eighteenth birthday. Such affidavit shall affirm that:

(i) The applicant is a United States citizen or legal permanent resident 18 years of age or older; or

(ii) The applicant is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act, Title 8 U.S.C., 18 years of age or older lawfully present in the United States and provide the applicant’s alien number issued by the Department of Homeland Security or other federal immigration agency.

(2) The state auditor shall create affidavits for use under this subsection and shall keep a current version of such affidavits on the Department of Audits and Accounts’ official website.”

Adult education is listed in the law as a Public Benefit in Georgia law.

According to various news reports, including one HERE, Cross Keys High School has in place an ongoing program of adult education for parents of students. Apparently, this program is at least two years old.

I filed an open records request in December, 2016 seeking the required affidavits and Secure ID documents that should be offered and collected from applicants for these adult education classes. It can be seen HERE, along with a response saying it would take 10 days to complete ( HERE ). I have not received the required documents and I submit the reason is that they do not exist.

In my educated opinion, the Cross Keys High School/DeKalb Schools is/are in violation of state law regulated by the IERB and separately and additionally by the Georgia Attorney General. Again.

Please begin the process of investigation and enforcement.

D.A. King
Marietta
I am a registered voter