Search Results for: school choice

“The bill defines “parents” as “a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a student.”

It took several years of work from pro-enforcement advocates, but Georgia’s pending “school choice” bill, SB 233 (LC 49 1473S) excludes illegal alien students. See lines 82 & 83. Because it is intentionally cryptic, we posted an easy to understand explanation elsewhere for curious readers.

School choice is a solid conservative idea if done responsibly – but the current version still doesn’t fit that description. Not for the first time, we note that SB 233 contains no exclusion for illegal alien “parents.” This writer predicts this easily remedied fact will be a significant problem for bill sponsors and Gov. Kemp when trusting GOP voters are educated on the details of the legislation.

The bill defines “parents” (on lines 37 & 38) as “a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a student.” It makes the parent the applicant for the student to access the taxpayer funded “Promise Scholarship” benefit (see line 105).

Federal statistics reveal that over 300,000 illegal “migrants” entered the U.S last month (Dec. 2023) – more than the population of Savannah, Marietta and Warner Robins combined. Legislators ignore this reality at their political peril.

Hardworking Georgians will likely not take kindly to a GOP-pushed law that allows any illegals to apply for a discretionary taxpayer-funded benefit – including private school tuition.

• Related: Estimates are that 400,000 illegal aliens called Georgia home in 2018

The same taxpayers may have a strong objection to a law that names any illegally present “parent” as the “recognized recipient” of state funds for private school tuition as laid out in lines 126-129: “Any account funds directed to a participating school or service provider are so directed on behalf of the participating student’s parent, the recognized recipient of such participating student’s account funds, and wholly as a result of the genuine and independent private choice of the parent.”

More, from lines 208-211: “The commission shall develop a system for parents to direct account funds to participating schools and service providers by electronic funds transfer, automated clearing-house transfer, or another system that the commission finds to be commercially viable, cost-effective, and easy for parents of participating students to use.”

Lines 211- 214 create a scenario in which the state of Georgia could easily be in the position of sending tax dollars directly to illegal alien “parents” to reimburse them for out-of-pocket expenses and/or “certain qualified education expenses.”

It doesn’t take much imagination to realize that most conservative voters aren’t going to sit quietly while a law is put in place that would allow illegal aliens to serve on a school choice oversight committee either. But SB 233 does exactly that. “Parents” would serve on a parental review committee that would oversee eligible expenses for school choice benefits – see lines 238-240: “To assist in the determination of whether certain expenses meet the requirements to be considered a qualified education expense under this chapter, a parent review committee shall be established.”

And this from lines & 253-254: “The commission may request the (parent review) committee to determine whether an expenditure of account funds from an account qualifies as a qualified education expense under this chapter.”

More on parents’ participation: “(line 48) Qualified education expenses’ means any one or more of the following: … “Other expenses authorized by the State Board of Education or the commission; or Individual education expenses authorized by a majority of the parent review committee provided for in Code Section 20-2B-6 (lines 64-66).”

There are several commonsense solutions to all this. It seems that the simplest is to insert language into the bill that designates the “Promise Scholarship” school choice benefit as a “state grant.” That should require the applicant – the “parent” – to complete the “verification of lawful presence” process that is already in OCGA 50-36-1. Shorter: It would exclude illegal alien parents – if the law was enforced.

It is noteworthy that several inquiries have reportedly already been made to the Attorney General’s office asking if the school choice scholarship would be a state grant in the bill as is. I understand that the AG has informed more than one state legislator that the question would not be answered on a pending bill.

• A version of the above oped was originally posted on the subscription outlet James Magazine Online on January 5, 2024.

D.A. King is president of the Dustin Inman Society and proprietor of ImmigrationPoliticsGA.com

Re; SB 233 as passed the senate (SB233/CFSA)

• Update: I retract the below correction apology clarification and apology 

Correction: The conclusion I came to and posted here regarding eligibility of students for the proposed new state grant known as the “Promise Scholarship” in SB 233 was inaccurate. I wrote that aliens illegally paroled for admission into the United States by the Biden administration would be eligible for the proposed new benefit. That conclusion is wrong. In fact, eligibility for the benefit requires that a student be a United States citizen or a “permanent resident alien” (green card holder) who meets the definition of an eligible noncitizen under federal Title IV requirements.”

That restriction does not include recipients of Biden’s illegal parole as I wrote. I deeply regret the obvious error.

As Georgia’s only full time pro-enforcement voice on immigration, we strive for accuracy and have promised swift correction on any inaccurate information. I have proven that no matter how many times one checks his work, if the same glaring error is repeated in the analysis process the conclusion will be flawed.

One of the first things I was taught as a seventeen-year-old recruit was that “Marines do not make excuses.” That said, I wish I had paid much closer attention in grade school class on Roman numerals.

Including state Rep Will Wade, and Senator Colton Moore’s Chief of Staff Michael Gargiulo, many thanks to the various people who politely convinced me to check my work yet again. I am profoundly sorry for my mistake and grateful for the confidence so many people show for our credibility.

Clarification: As the state-funded private school tuition scholarship proposed in SB 233 would benefit entire families, we have been consistent in our opinion that students and “parents” (applicants) be U.S. citizens or green card holders (“LPRs” – Lawful Permanent Residents).

I have repeatedly pointed out that we see no provision that “parents” are required to have that status  – or have any lawful immigration status. Due to the involvement of “parents” in the application process, oversight authority and apparent ability to access payments for “certain qualified education expenses,” we believe the absence of that language is crucial in any judgment of the pro-enforcement fairness and viability of the measure. Please see more on parents here.

We are of the opinion that any new “Promise Scholarship” would be a state grant public benefit under OCGA 50-36-1 and that applicants (“parents”) would be required to complete the verification of “lawful presence” in that code section. Assuming this is the case, it would not alone limit the participation of “parents” to U.S. citizens or LPRs. It would allow “parents” with non-immigrant visas and Biden’s illegal parole to apply and participate. We respectfully recommend that legislators educate themselves on this matter.

In the interest of “a belt and suspenders” clarity, the bill should contain language on this point. We also note that similar previous legislation did not require students to be U.S. citizens or LPRs, only cited 50-36-1 as an eligibility and verification reference and was murky in it’s language and wrong in its presentation.

dak

• Update: May 22, 2023 With the benefit of time and sleep, I retract the below correction and apology. I was right the first time.

Correction: The conclusion I came to and posted here regarding eligibility of students for the proposed new state grant known as the “Promise Scholarship” in SB 233 was inaccurate. I wrote that aliens illegally paroled for admission into the United States by the Biden administration would be eligible for the proposed new benefit. That conclusion is wrong. In fact, eligibility for the benefit requires that a student be a United States citizen or a “permanent resident alien” (green card holder) who meets the definition of an eligible noncitizen under federal Title IV requirements.”

That restriction does not include recipients of Biden’s illegal parole as I wrote. I deeply regret the obvious error.

As Georgia’s only full time pro-enforcement voice on immigration, we strive for accuracy and have promised swift correction on any inaccurate information. I have proven that no matter how many times one checks his work, if the same glaring error is repeated in the analysis process the conclusion will be flawed.

Only U.S. citizens and green card holders should benefit from or participate in any new state grant for K-12 private school tuition

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School choice is an idea worthy of serious consideration. Including illegal aliens in any part of a new state grant isn’t.

The GOP-controlled state senate recently passed SB 233, a deeply flawed bill titled “The Georgia Promise Scholarship Act” – otherwise known as “school choice” and “educational freedom.” See also “putting parents in charge.”

Watching the rush to passage and the obfuscation of the senate Republicans to push the odiferous measure through reminded this writer of the scenario surrounding immigration legislation in Washington D.C. a decade ago.

During the successful struggle in 2013 to stop that year’s attempt at amnesty for illegal aliens, then Alabama Senator Jeff Sessions described the “immigration reform” legislation as “a mackerel in the sun.” He pointed out that the bill was meant to be passed into law before too many people had read it and before too many facts were provided to the American public.

Sessions advised inspection and comprehension of the contents of the most horrible measure. He knew that the light of day would expose the truth about the “Gang of Eight” amnesty.

“The longer it lays in the sun, the more it smells, as they say about the mackerel” is how Sessions described his reason for the roadblocks he put in front of passage to the New York Times. The amnesty bill failed in the U.S. House because of too much information. Former U.S. Attorney General Sessions is a personal hero here.

The “school choice” bill that the senate passed was dropped into the senate hopper on February 22 and passed just five legislative days later on the senate floor. That unfamiliar odor you may be smelling could well be coming from Atlanta and the stench of this Republican-concocted “school choice” legislation after only a week of being out in the open.

• Related: We warned and informed GOP senators on the immigration-related problems in the bill well before they voted

The contents of SB 233 create a new state grant for families of K-12 students to use to pay for private school education and other expenses as an alternative to public school education.

The bill contains language that allows students attending private school at taxpayer expense to be formerly “inadmissible aliens” who have been illegally granted mass “parole” by the Biden administration. That scam was found to be unlawful last week by a federal court in Florida.

Parole, even when it is done legally, does not confer lawful border entry status. Legal immigrants do not need parole.

Related: A retired INS agent on SB 233 in the Brunswick News

Amazing, but true: the “school choice” bill (SB233) does not exclude illegal alien parents from the administration process. Processing of state benefits to eligible families begins only when “parents” file an application to begin the $6000 annual proposed new grant payments for K-12 students to attend private school.

“Parents” includes a “legal guardian, custodian, or other person with legal authority to act on behalf of the student.” The bill authorizes “parents” to be part of an oversight committee that has authority to decide on eligible expenses in the use of state funds. “Parents” can be paid for unforeseen out-of-pocket expenses.

Again: There is nothing in the bill that says “parents” must be in the U.S. lawfully.

Lead sponsor on SB 233 is Sen. Greg Dolezal (R-Cumming). Dolezal did not mention anything regarding illegal immigration when he presented the bill. Floor debate did not include any discussion of the state’s illegal immigration crisis.

The bill was intentionally rushed through the committee process while this writer was refused an opportunity to speak during the much-abbreviated public comment period. Because I was the first person to sign up to speak on the bill, the committee chairman of the senate Education and Youth committee, Republican Sen. Clint Dixon (Buford), began selection of speakers from the bottom of the list. He ended the comment period when he worked back up the list to my name. That cheap and cowardly abuse of power is on official archived video record.

As if to prove they have forgotten that real conservatives don’t do anything that rewards or encourages illegal immigration into Georgia, every Republican senator voted in favor of final passage.

With the troubling bill now in the House, conservative Representatives should withhold action until next year so there is time to understand it and make an educated decision on their own vote. Idea: Only U.S. citizens and green card holders should be eligible for the proposed “Promise Scholarship.”

Pro-borders voters should step in and do for the Georgia senate’s “school choice” bill what Jeff Sessions did to the failed 2013 amnesty try. Contact your state Rep and tell them to ask the Speaker to wait until next year to consider “school choice.’

Let this anti-enforcement mackerel sit in the sun over the summer.

_

A version of this essay is publish in the March 12 edition of  The Islander newspaper in Glynn County. GA. and on the subscription website Insider Advantage Georgia on March 15, 2023.

“If somehow the Republicans running the state government decide that we have a budget big enough to encourage and reward illegal aliens who migrate here with a private school education, we should all start a “what about” list that includes detailed inquiries about the allocation for our own homeless, our veterans and the pay we give our law enforcement officers.”

The below essay was sent here by our friend Ev Robinson and also ran on the subscription outlet Insider Advantage, January 12, 2023 in response to a column there from Jake Evans.

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Many thanks to InsiderAdvantage for posting Jake Evans’ recent column in support of “school choice” legislation passing in the 2023 General Assembly. Kudos to Evans for including the commonsense caveat that the state benefit should be limited in its scope of recipients.

I write to offer a few observations and suggestions on the important matter. Evans wrote that “last legislative session, the General Assembly considered a bill embodying the concepts of school choice. The Georgia Educational Freedom Act provided for a $6,000 scholarship to nearly all of Georgia’s 1.7 million public school students, from kindergarten through 12th grade.”

It is vital to a fair discussion on this matter that all concerned are careful with the accuracy of the information they present.

Lines 3 & 4 in the Georgia Educational Freedom Act make it clear that any taxpayer benefits for “school choice” would have been completely dependent on appropriations put in place by the legislature. Any appropriation – or lack thereof – would determine the number (if any) of K-12 students who would be able to access taxpayer dollars to attend private schools in Georgia.

On eligibility for any proposed school choice benefit, Evans seems to be inclined to limit eligibility to “taxpayers.” We should ask if he means federal and or state income taxes, sales taxes or property taxes. Here, it is important to note the raging illegal immigration crisis in the U.S. and in Georgia and remind everyone favoring “school choice” that Georgia is home to more illegal aliens than green card holders, with estimates of that illegal population going up to 400,000-ish foreigners here in violation of our immigration laws.

None of these “undocumented workers” can escape paying some sort of tax in Georgia even if their income level would exclude them from paying state income taxes – were they to be inclined to obey our tax laws.

I submit that paying taxes alone is not a qualification for inclusion in a state program that would provide taxpayer-funded private school tuition to any, some or all K-12 students in our state.

I am a retired, black conservative American who has raised two wonderful kids in Georgia. As an independent voter who takes an unapologetic pro-enforcement position on U.S. borders, I have watched as the plight of poor Americans is often ignored when the politics of illegal immigration and “migrants” is discussed. If somehow the Republicans running the state government decide that we have a budget big enough to encourage and reward illegal aliens who migrate here with a private school education, we should all start a “what about” list that includes detailed inquiries about the allocation for our own homeless, our veterans and the pay we give our law enforcement officers.

Any and all legislation considered under the Gold Dome should include the consideration that we should do everything possible to discourage illegal immigration in Georgia. Limiting school choice benefits to U.S. citizens and green card holders is the answer to the question that too few legislators are asking on school choice eligibility.

Whatever the percentage of students that are funded, including illegal aliens in the “educational freedom” funding concept should instantly end the discussion on school choice.

Everett Robinson of Canton is a founding member of the board of the Dustin Inman Society.

Only U.S. citizens and Lawful Permanent Residents (green card holders) should be considered for state benefits on “educational freedom” and “putting the parents in charge…”

• Georgia Republicans who call themselves conservatives should reconsider the goal of using tax dollars to provide private school tuition money to illegal alien students and families. Rewarding and encouraging illegal immigration into Georgia is not a conservative ideal.
• A 1982 SCOTUS decision (Plyler v Doe) only mandates that states must provide public K-12 school education to all student regardless of immigration status.
• We don’t allow illegal aliens to access the Hope Scholarship or the Zell Miller Scholarship or instate tuition in our taxpayer-funded public colleges. Why do some Republicans want to welcome illegal alien families with discretionary  taxpayer-funded K-12 private school benefits?
• Georgia already has the seventh largest population of illegal aliens in the nation. We are home to more illegal aliens than Arizona. Legislators and lobbyists who are pushing unrestricted “school choice” seem determined to make our state even more attractive to illegal immigration and the additional crime it creates.
• Using basic eligibility requirements and adjusting language already in state law, it is easy to create a measure that only allows verified U.S. citizens and Lawful Permanent Residents to even apply for any state school choice benefits. Nobody needs to ask applicants about immigration status.
• Although unworkable, there were various versions of poorly written language purporting to exclude illegal aliens from the proposed “school choice” legislation offered in three separate bills in 2021-2022 General Assembly. So we know members of the legislature are aware of this concern. –>As requested, we have draft language to remedy the problem with “school choice” legislation that grows illegal immigration in Georgia. 
• Related (example): OCGA 20-3-519.1  “2 (b): A student is ineligible for any scholarship or grant described in this part if the student: (1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen…”