Attachment to complaint of June 16, 2017 against DeKalb County Board of Education.

In response to a previous complaint from me filed with this enforcement board, DeKalb County Board of Education denies violation of other state law (OCGA 50-36-1) when DeKalb BOE provided education to adults without the required eligibility, using the argument that the BOE did not actually “administer” education services for adults because a private enterprise, Literacy Action Inc., had operated the program. Since the English classes provided to the parents of K-12 students were done on school board property and in the name of Cross Keys High School, it is logical to assume that Literacy Action Inc. served as a contractor for the BOE.

Using Georgia’s open records law, I have requested the contractor E-Verify affidavit that should have been offered and collected before accepting bids – if in fact there were bids – on this transaction and before hiring Literacy Action Inc. to conduct education classes for adults at Georgia tax-payers expense.

According to state law, OCGA 13-10-91
(b) (1) A public employer shall not enter into a contract for the physical performance of services unless the contractor registers and participates in the federal work authorization program. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor attesting to the following:

(A) The affiant has registered with, is authorized to use, and uses the federal work authorization program;

(B) The user identification number and date of authorization for the affiant;

(C) The affiant will continue to use the federal work authorization program throughout the contract period; and

(D) The affiant will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information required by subparagraphs (A), (B), and (C) of this paragraph.

DeKalb BOE has responded to my request with the reply that the E-Verify affidavit does not exist. Please see attached response. The BOE hired a contractor illegally.

DeKalb BOE is in violation of yet another state law designed to protect Georgians.
I ask for sanctions that will possibly create some respect for the rule of law.

D.A. King