Letter to City of Atlanta – Initial Hearing Decision – April 11, 2017

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Immigration Enforcement Review Board

19 February 2017

Attachment to complaint: Whitfield County Schools

Multiple violations OCGA 50-36-1

IERB:

A quick inspection of the Whitfield County Schools reveals that they are conducting Adult Education classes. Several emails from Anna Bello at that office confirm that fact. I attach one below.

A Mr. Eric Beavers at the same office has replied to my open records request, and I also attach his message. He admits that his office has none of the documents required to verify the eligibility mandated in OCGA 50-36-1 of the adult individuals they are spending tax money to educate.

I request enforcement action and that the IERB forward this information to the state Attorney General’s office for separate investigation and enforcement action.

Below is the text of my recent open records request to Whitfield County Schools and the reply from that office.

25 January 2017

Open records request
Whitfield County Schools

Compliance with state Public Benefits law
Re; OCGA 50-36-1
Mr. Eric Beavers
Communications Specialist
Whitfield County Schools
P.O. Box 2167
Dalton, GA 30722-2167
communications@whitfield.k12.ga.us
Phone: (706) 217-6724
Mr. Beavers,

Please regard this as my official request for public records under Georgia’s open records law.
Please send me copies of any and all state required verification documents, including applications, affidavits and Secure and Verifiable ID associated with the calendar years 2015 and 2016 administration of the adult education for English language classes conducted by Whitfield County Schools, including the Adult English Class for ESOL Parents conducted at Varnell, Antioch, Pleasant Grove and Dug Gap schools.

Please also include any document that illustrates the original start date of these adult education classes.

Please contact me with any questions. I hope for an electronic response.
Thank you,
D.A. King
Marietta, Ga. 30066

UPDATED January 26, 2017
To: D.A. King
Re; OPEN RECORDS REQUEST January 26, 2017 1:38 PM

“Dear Mr. King,
To the extent we understand the records you have described, the District has no records responsive to your request. To the extent that you seek records that may be related to the program that you reference those records would be exempt from production pursuant to O.C.G.A. section 50-18-72(a)(37).
2017-01-25 0:28 GMT-05:00 D.A. KING :
—
Eric Beavers – Communications Specialist
Whitfield County Schools
w: (706) 217-6724 • c: (706) 980-7447”
__

And, email from Anna Bello

Good morning ****

I was told that you needed the times and places where I offer Adult English Class for ESOL Parents. The following is my schedule:

Monday = Varnell 9-11am
Tuesday = Antioch 8-10 am
Wednesday = Pleasant Grove 10-12 am
Friday = Dug Gap 12:30-2:30 pm

Please call me if you have any questions.
Thank you

—
Ana M. Bello
T III Parent Involvement Coordinator
Cell: 706-980-1702
ana.bello@wcsga.net

End of complaint attachment.

Thank you,

D.A. King

IERB

January 24, 2017

Attachment to Official Complaint

Cobb County School District
Mr. Chris Ragsdale, Superintendent
Violation of OCGA 50-36-1

Please regard this as my official complaint against Cobb County School District and Superintendent Chris Ragsdale and my request for investigation and enforcement action. I request this complaint be shared with the state Attorney General’s office.

It is my educated opinion that Superintendent Ragsdale is in violation of OCGA 50-36-1 due to the fact that CCSD is and has been conducting Adult Education classes in violation of state law put in place to insure tax dollars are not used to provide public benefits to ineligible recipients.

Under existing state law, Adult Education is a public benefit. Any administration of public benefits requires that affidavits attesting to eligibility (due to U.S. citizenship or lawful presence status for a non-citizens) be offered and collected by the agency administering the public benefits – and that secure and verifiable ID be collected from the applicant to verify that eligibility.

In part, OCGA 50-36-1 :

(k) It shall be unlawful for any agency or political subdivision to provide or administer any public benefit in violation of this Code section. Agencies and political subdivisions subject to the requirements of this subsection shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this subsection. Any agency or political subdivision failing to provide a report as required by this subsection shall not be entitled to any financial assistance, funds, or grants from the Department of Community Affairs.

I have sent a valid open records request to CCSD and spoken to the open records clerk there. Today, I received a response saying that the copies of the above-described documents are somehow exempt from Georgia’s Open Records act.

I want to take this opportunity to commend all concerned at CCSD for their resourcefulness in attempting to dodge the request and to conceal what I believe a lawful investigation will show: The requested documents do not exist, because CCSD is and has been in violation of state law on the administration of the Adult Education public benefit. To be clear, I am of the opinion that the response from CCSD is an effort to conceal that violation.

I attach the reply I received via email:

“Mr. King,
I am responding to your email submitted under the Georgia Open Records Act, O.C.G.A. § 50- 18-70 et. seq. Your request is included below.
The records being requested are not subject to disclosure under GORA, pursuant to O.C.G.A. 50-18-72(a)(1), because they are specifically required by federal law to be kept confidential.
Regards,
Kelly Moore
Open Records Clerk
Policy, Planning & Student Support
Cobb County School District
Phone 770-514-3870
Fax 678-594-7778
Kelly.Moore@cobbk12.org

It is my opinion that this refusal to honor my request is an attempt to mislead me into the belief that the required documents, if they exist, are exempt from public view. Other agencies have sent me redacted copies.

The contention from CCSD is that documents serving as proof of eligibility for public benefits required under state law are “specifically required by federal law to be kept confidential.” I note that CCSD does not cite this “federal law.”

I have been involved in the creation, passage and implementation of Public Benefits laws/OCGA 50-36-1 in Georgia since 2006. Including SB 529 (2006), HB 2 (2009), and HB 87 (2011).

Very respectfully submitted.

D.A. King
Marietta, Ga. 30066

Hall Co. Attachment to complaint                                                                                                       6 February 2017

Immigration Enforcement Review Board
Complaint against
Hall County Schools Superintendent , Will Schofield

Re; OCGA 50-36-1

Hall County Schools is administering Adult education classes with taxpayer funds and in public buildings. Adult education is a Public Benefit under state law. Mr. Will Schofield is Superintendent.

Mr. Schofield admits it Hall County Schools does not offer or collect the required affidavits or Secure and Verifiable ID.

Please see attached letter from Hall County Schools in response to my open records request. Also please see the attached page from the federal Title lll program which describes Title lll purpose and rules. I attach this because other agencies are claiming federal authority to conduct non-student adult education for ESOL under Title lll guidelines.

There is no such authorization and state public benefits law is being treated as optional.

Respectfully submitted,

D.A. King

Marietta, Ga. 30066

GLYNN COUNTY SCHOOLS

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.

Sincerely,

***********************
Jim Weidhaas, APR
Public Relations Director
Glynn County Schools
P.O. Box 1677
Brunswick, GA 31521
(912) 280-1070
jweidhaas@glynn.k12.ga.us

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
Marietta
I am a registered voter

Update: Mr. Jorge Gomez (really nice guy!) replied to my open records request this morning:

Mr. King,

Thank you for our conversation the other day. I have looked into this
matter for your requested documents and there are no documents responsive
to your request (affidavits and/or secure IDs).

If I can be of any further assistance please do not hesitate to contact me.

Jorge Gomez
Executive Director of Administration and Policy
Office of the CEO/Superintendent
Gwinnett County Public Schools
J. Alvin Wilbanks Instructional Support Center
437 Old Peachtree Road, NW
Suwanee, GA 30024-2978

Phone: 678 301-6005
Fax: 678 301-6007

Gwinnett Complaint Attachment to official complaint

18 January, 2017           #3

Violation (s) of OCGA 50-36-1
Gwinnett County Board of Education, Gwinnett County Public Schools/ International Newcomer Center 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 and conversations with staffers at Gwinnett County Public Schools/the Gwinnett County Board of Education, is conducting Adult Education classes at an official entity known as the ‘International Newcomer Center.’ Apparently, there is no system in place to comply with state law that requires verification of eligibility for this public benefit. It is my impression from my conversations that neither is there any knowledge of this law.

In my educated opinion, the leadership of Gwinnett County Board of Education, Gwinnett County Public Schools and the International Newcomer Center are in violation of state law regulated by the IERB and separately (and additionally) by the Georgia Attorney General.

Please begin the process of investigation and enforcement.

D.A. King
Marietta
I am a registered voter

Somebody who watches but not the state government – has discovered your violation. Now, cut that out, or we will actually sanction you. Maybe. By the way, how many times have you done it?

20161130164519996

State law here.