January 25, 2017

Complaint sent to IERB today, Glynn County School System – Violation OCGA 50-36-1

Posted by D.A. King at 1:33 pm - Email the author   Print This Post Print This Post  


IERB COMPLAINT Attachment to official complaint, 25 January, 2017                                                                            #4

Violation (s) of OCGA 50-36-1
Glynn County School System
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 printed information and solicitation from Glynn County Schools, including one HERE, the Glynn County School System has in place an ongoing program of adult education for parents of K-12 students.

I filed an open records request on January 18, 2017 ( HERE ) seeking the required affidavits and Secure ID documents that should be offered and collected from applicants for these adult education classes. I received a response on January 25, 2017, which I attach here:

“Mr. King,

The Glynn County School System does not offer Adult Education courses as referenced in your request. In compliance with federal guidelines, parents of enrolled students can attend classes designed to help them improve their English skills. The goal is to improve communication between the home and school and enable parents to effectively engage in their child’s education. As these classes do not meet the criteria of an Adult Education course, there is no documentation to provide regarding your request.


Jim Weidhaas, APR
Public Relations Director
Glynn County Schools
P.O. Box 1677
Brunswick, GA 31521
(912) 280-1070

A 1982 SCOTUS decision, Plyler v Doe established the policy that K-12 education must be provided to students regardless of immigration status. The position that educating adults in any public schools system with federal grant money administered by state and local governments is not “adult education” defies reason.

I note that federal law is clear on Public Benefits and is referenced in OCGA 50-36-1. The list of Georgia’s public benefits was taken directly from the U.S. DHS SAVE website for users. Georgia and its local governments have authority to use the SAVE system to verify immigration status for accessing public benefits. Including Adult Education.

The very purpose of OCGA 50-36-1 is to insure that tax dollars and public benefits do not go to ineligible recipients. It is no secret that because of their status as illegal aliens, many of the parents of K-12 students in Georgia, including Glynn County, are not eligible for most public benefits – including Adult Education – regardless of the reasoning behind providing such benefits.

In my educated opinion, the Glynn County School System is 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
I am a registered voter