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Update: SR 85 was put on the Senate Consent Calendar for Study Committees which was approved on March 27, 2023. Vote record here (Senate vote 295).

The 2021 House version of this effort did not allow public comment and handpicked all advocate “witnesses.”

From experience, we predict a star and regular “expert witness” will be media darling, illegal alien and FWD.us lobbyist Jaime Rangel.

Did you know that Georgia apparently “has some of the country’s more burdensome occupational licensing laws and that onerous occupational licensing requirements can inhibit economic mobility, limit job prospects, and hinder small businesses?”

That is the opinion of the sponsors  of SR 85 under the Gold Dome. They are all Republicans.

• See the list of sponsors.

At the “request” of the Georgia Chamber of Commerce, these GOP state senators want to create a ‘Senate Occupational Licensing Study Committee’  to decide how to “reform”occupational licensing  and “streamline processes, reduce barriers to work, and eliminate unnecessary rules and regulations.” They plan on a series of meetings to hear from the special interest community on how this can be done and maybe how other states have handled “reforming” this “onerous” system.

What, you may ask is the “onerous and burdensome” part of the Georgia occupational licensing system? In large part it refers to the fact that Georgia has laws in place that require verification of lawful presence for occupational and professional licensing. Shorter: Dismantle the laws – periodically obeyed and enforced – that are aimed at keeping black market labor out of Georgia’s workforce.

This writer has been working on the verification law, OCGA 50-36-1 since 2006.

I know because I followed this same dog and pony show study committee process when the House produced it in 2021. Then it was part of a study committee dedicated to “Innovative Ways to Maximize Global Talent.” It is the work of the partnership between the Georgia Chamber of Commerce et al and a leftist group known as the Coalition of Refugee Services. That partnership is known as Business and Immigration for Georgia or “BIG.”

• Related: The Georgia Chamber of Commerce and “Diversity, Equity and Inclusion.”

A “Progressive” woman named Darlene C. Lynch works for both CRSA and the “BIG Partnership” and organized and ran the 2021 Georgia House Special Committee “Innovative ways to Maximize Global Talent” that saw three 2021 Summer and Fall meetings – with two in Georgia’s public colleges. Back then the study committee produced the impetus for a bill (HB 932) that would have eliminated the current twelve month residency period before a (public) college -bound student could qualify for instate tuition. The bill only applied to foreigners migrating into Georgia. Americans moving here from other states were not covered under that measure. They would still pay the much higher tuition rate in their first year living here. About three times as much as a student who migrated here from Afghanistan, for example.

For clarity: The goal was and is for some foreigners (example) to be able to migrate into Georgia and qualify for instate tuition the same day while Americans moving here are required to be residents for a year before that could access the same tuition rate.

• Related: For academic year 2020-2021, the average tuition & fees for Colleges in Georgia was $4,739 for in-state and $17,008 for out-of-state. Americans who relocate here would pay the higher amount in their first year of residence. Newly arrived foreigners would pay the lower amount. That is a difference of $1226.90. 

That same effort is back in today’s General Assembly in both the Senate and House. 

That 2021 special study committee was created by a resolution that passed unanimously in the House at the end of the 2021 session. Rep Wes Cantrell was the sponsor of the resolution (be sure to see all cosponsors) and served as the chairman of the agenda-driven committee that took zero pubic comment and arranged the witnesses.

Some of the agenda items from the hand-picked, pre-screened witnesses at the 2021 special committee mentioned above:

• Changing state law so as to allow foreigners to be law enforcement officers in Georgia
• Reciprocal agreements on occupational licensing rules with other states and foreign nations – put a different way, other states and nations would decide who was eligible to be receive occupational and professional licenses in Georgia.
• “Relaxing” state law that requires immigration verification of applicants for occupational and professional licensing.
• Lower tuition rates in public colleges for illegal aliens living in Georgia with DACA  status than the rate Americans and legal immigrants from other states pay.
• Removing the existing 12 month residency waiting period before new Georgia residents can access instate tuition in public colleges for refugees – but not for Americans moving here from other states.
• Reducing the educational period to become a medical doctor by two years, student loan forgiveness for foreign medical students and “relaxing the immigration issues for foreign medical graduates.”
• Creating a new state bureaucracy to accommodate “an office or a division of cultural and linguistic responsiveness.”

I lost track of the number of times “…the number one state for business” was tossed out.

I covered the meetings extensively for the subscription news outlet Insider Advantage Ga and also posted those reports here.

House Education committee 8:00 AM meeting, March 21, 2023 Left: Rep Todd Jones, (R) Sen. Greg Dolezal in 8:00 AM House Education committee hearing.

Why do you think Sen Dolezal didn’t tell the committee and the world about the illegal immigration component of his bill?

Eligible students must be U.S. citizens or green card holders. Why doesn’t the bill have the same requirement for the “parents?” We’ll tell you in another post.

• Related: A line-by-line look at the role of parents in the proposed new state “Promise Scholarship” grant 

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Sen. Greg Dolezal (R- Cumming) Lead sponsor, SB 233 “school choice” – presenting the bill as passed by the senate to the House Education committee. Partial transcript. This begins after start of presentation and stops well before the end.

“Um, I thought I would start, Mr. Chairman, the same way I started in the subcommittee yesterday, which is simply to talk about this bill from a high level, what this bill does, who it does it for, how it will function, and what it is that we’re doing.

Senate Bill 233 is the Georgia Promise Scholarship Act, and from… At a high level, it takes the state funding for students who are currently enrolled in public school, it allows their parents to redirect those funds to an educational outcome, and a pathway of their choice.

That can be homeschool, virtual school, private school, co-ops, and as the education industry continues to innovate, hopefully we’ll continue to see further opportunities for parents to pursue excellent education outcomes for their children as we move into the future.

So, in the colloquial terms, as we’ve heard these… This term bantered about, it’s a money follows the child program. Mr. Chairman, I think it’s important to just talk through a high level of how schools are funded in the state of Georgia.

You have three buckets of funding, federal funding, state funding, and then the local funding, the local funding comes from the tax digest. The state funding is appropriated on a per capita basis, as you know, and it is designed to cover the marginal costs of adding a student to a system, so therefor the state funding for every school system in the state of Georgia fluctuates as the head count fluctuates, which is almost guaranteed to be some fluctuation year over year as you have [inaudible 00:01:36] student that move through the system.

The local funding, which comes from the local tax digest is designed to cover the fixed cost. That’s your building costs, and other hard costs that tend to be more static in nature, and don’t fluctuate as much via head count.

That funding is obviously based on the tax digest, and not at all tied to head count. What the bill, as it passed the Senate will do, it was… It will allow students to take $6,000, which is slightly less than the average that the state spends per student, uh, in the K through 12 public education system, and allow them to pursue one of those opportunities.

–>Who is eligible for the program? Like I mentioned, the students who are currently enrolled in public school, or those entering public school for the first time, and then the students who were attending a school that would be deemed to be in the bottom 25%, so the bottom quartile of schools in the state of Georgia *(actually, lines 71 & 72 create the requirement that the student be a U.S. citizen or Lawful Permanent Resident (green card holder) – also found on lines 82 & 83 in the latest version of the bill).

• Update, March 22, 2023 6:20 AM: The Republican-majority House Education committee passed the latest version of SB 233 out on an unaccountable voice vote yesterday.

How is the funding spent? If you’re familiar with FSA programs, or other things that are administered by a third party, this would be very similar. These, uh… The state finance commissioner would stand up a third party administrator, and the, the funds would flow through that, that third party…”

end of transcript.

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

There is no requirement in the bill that “parents” who apply for benefits be U.S. citizens or have legal immigration status. Existing law requires verification of “lawful presence” for applicants but that law (OCGA 50-36-1) sees spotty compliance and enforcement. Wording should be added to the bill that inserts language referring to that law. 

PARENTS    SB 233 AS PASSED SENATE

 Creation of a new state grant to be known as a “Promise scholarship” for which parents  must apply for student’s access to state funds.

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There is no requirement that “parents” be U.S. citizens or have legal immigration status.

Lines 32 & 33: “Parents” can also be a legal guardian, custodian, or other person with legal authority to act on behalf of a student.”

Lines 66 & 67: A student shall qualify for a promise scholarship account under this chapter if:  The student’s parent or parents currently reside within Georgia;

Lines 78-81: It is the “parent” who begins the process of accessing the new “Promise scholarship” state grant for the student (and thereby the family) by submitting an application to the state – “The student’s parent submits an application for an account to the commission no later than the deadline established by the commission.”

Lines 101-104: “Parents” are the recipient of the state funds for the “Promise scholarship” and student account funds are a result of the choice of the parent.

“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.”

 Lines 156 -159: “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.

The new state grant would set up a system of reimbursements for out-of-pocket expenditures for…parents.

Lines 160 – 163: (The) commission shall not adopt a system that relies solely on reimbursing parents for out-of-pocket expenses, but may determine certain qualified education expenses that must require reimbursement or preapproval for purchase (italics mine). The commission is authorized to qualify private financial management firms to manage the payment system.

“Parents” will be appointed by the state to serve on an oversight committee that makes decisions on eligible/qualified expenses.

Lines 186 – 192 “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. The committee shall be composed of eight parents of eligible students. Four of the parents shall reside in local school systems with student enrollment greater than 10,000, and four of the parents shall reside in local school systems with student enrollment less than 10,000.”

There is no requirement that “parents” be U.S. citizens or have legal immigration status.

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We have a solution: Only U.S. citizens and green card holders should be allowed to apply for or benefit from “Promise scholarship” benefits. 

• 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.

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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.