Immigration Enforcement Review Board complaint sent today – Bibb County School Board, violation of state public benefits law
16 Feb 2017
Attachment to complaint, Bibb County School District
Please find attached a copy of the response to an open records request I received on today’s date from Bibb County School District and the admission that there is a violation of OCGA 50-36-1 on administering Public Benefits. In this case, Adult Education.
Here is part of relevant language of 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.
Here is my request sent to Bibb County (also HERE):
6 February 2017
Director of Communications Stephanie Hartley
Bibb County School District
484 Mulberry Street Macon, GA 31201
OPEN RECORDS REQUEST
Re; Compliance with OCGA 50-36-1
Please regard this letter as my official request for public records under Georgia’s open records law.
According to information included in this news story from the Macon Telegraph, Bibb County Schools is administering Adult Education classes. Adult education is a public benefit under state law and is reserved for eligible recipients. The administration requirements for agencies that administer these public benefits are clear under OCGA 50-36-1.
I am familiar with the 1982 Plyler v Doe SCOTUS decision that mandates K-12 education regardless of immigration status and with the purpose of Title lll grants and their use for enrolled students and permitted project guidelines. I am also familiar with regulations that require compliance with state and local law in administration of these grants.
For the time period 1 July 2014 to 31 December 2016, Please send me copies of the following documents, which are required to be collected from applicants for public benefits. I understand that some of the information contained in these documents may be redacted.
1) Standardized, notarized affidavit from applicants for adult students for ESOL classes.
2 ) Secure and Verifiable ID offered to verify eligibility for Public Benefits.
3 ) Any documents that illustrate the original start date of the Bibb Schools Adult education classes described in the above mentioned news report.
4 ) Any document that will illustrate the total number of adults served in this program to 31 December 2016.
Please contact me with any questions.
Marietta, Ga. 30066
Update: First reply:
10:32 AM 6 Feb
Your Open Records Request is being shared here with our Chief Legal Counsel, Mr. Randy Howard. He will provide you with an update in response to your request. His email, should you have further questions or concerns, is email@example.com.
Director of Communications
Bibb County School District
The second reply (Feb. 16) is attached on a separate page here.