You can watch Senator Greg Dolezal’s presentation of SB 233 and the short public comment period here, than see ‘2/28/23’ then 8:08 on the counter at the bottom.

 

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

 

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.”

The “parent” signs an “agreement” promising to do and not do certain things in relation to the student’s education.

Related: “School choice” and illegal immigration in Georgia: A pro-enforcement look at SB 233 (read the update on top).

Lines 105-108:  The parent of each student participating in the program shall comply fully with the participating school or service provider’s rules and policies. Any parent who fails to comply with the provisions of this chapter and commission regulations relating to the program shall forfeit the account and all account funds therein.  (If there is monitoring and then enforcement).

 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. 

 

RUSHED: Strikes and new language (red)  SB 233   LC 49 1388S

LG, et al:

Lines 24 & 25 ‘Account’ or ‘promise scholarship account’ means a consumer directed state grant creating an account established pursuant to this chapter and composed of state funds deposited on behalf of

Lines 31 & 32 ‘Parent’ means a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a student and who is a U.S. citizen or has legal immigration status according to the U.S. Immigration and Nationality Act.

Lines 36 & 37 ‘Participating student’ means a student who is a U.S. citizen or has legal immigration status according to the U.S. Immigration and Nationality Act for whom an account has been established pursuant to this chapter.

 Lines 65 – 69 (a) A student shall qualify for a promise scholarship state grant account under this chapter if: (1) The student’s parent or parents are residents of Georgia as defined in OCGA 40-5-1 (15) (B) currently reside within Georgia and ; (2) The student is an eligible student as defined in Code Section 20-2A-1 and does not meet any of the ineligibility criteria provided for in subsection (b) of Code Section 20-3-519.1 .

Lines 77 & 78  The student’s parent who submits an application shall be known as “applicant” submits an application for an account to the commission no later

 than the deadline established by the commission; provided, however, that the commission.

 

 

If Georgia state Senator Greg Dolezal and the cosponsors of SB 233 prevail, Biden’s illegally paroled aliens can come here for a new state benefit (a “Promise Scholarship”) that would provide private school tuition.

Washington Examiner

Conn Carroll

March 3, 2023

President Joe Biden created the current border crisis by ending the previous administration’s Remain in Mexico program and creating loopholes in Title 42 enforcement. From that moment, the flood of immigrants arrested for illegally crossing the southern border has become so large that Border Patrol agents literally could not process them fast enough into the U.S.

At first, Border Patrol would spend two hours with each immigrant family, interviewing them, fingerprinting them, and issuing them a “notice to appear” in court that begins their deportation process. It is during these proceedings that most immigrants assert asylum as a defense against deportation. Almost all of them lose their asylum case, or abandon their asylum claim, but unless they commit a violent crime, Biden won’t deport them anyway.

 

“Parents” who apply for the proposed state grant in SB 233 and serve on the oversight committee are not required to be U.S. citizens or green card holders. There is no mention of OCGA 50-36-1 in the bill.

Background:

After posting this column yesterday and sending it to the Republican members of the Senate and House, I learned there was a (surprise!) 2:30 PM hearing on the below bill (SB 233). I hurried to Downtown Atlanta and made it to the hearing room before the Senate Education and Youth committee meeting began.

I was the first person to sign up to speak on the bill. The chairman of the committee is Senator Clint Dixon, Republican, Buford. Knowing that I would spill the beans on the bill, Dixon began calling names to speak from the bottom of the list.

 

• When he got to number two on the list, Dixon told the room “the audience isn’t going to like this, but comments are over.” I was prevented from speaking and offering an experienced and educated analysis of the phony immigration part of the legislation. I was cancelled by the Chamber of Commerce Republicans. Dixon is a shameless coward. The Republicans passed out the bill. Senator Ed Setzler made the motion “do pass.” It should be noted that Dolezal was careful to avoid any mention illegal immigration in his presentation.

Why I was not allowed to speak in committee. The proposed “Promise scholarship” seems to be a “State grant” and therefore a public benefit. They want to pass the bill before TMI gets out.

There is zero in the bill (SB233) that even mentions the “parent” having any legal immigration status, but the “parent” is the one making the application for the “Promise scholarship.” I submit that this is a public benefit under existing law. If so, there is an admin requirement designed to prevent illegal aliens from accessing the State grant/public benefit.

Further, the bill refers to Title IX student eligibility categories that includes (humanitarian/immigration) parolees as being eligible for the “Promise scholarship” grant. Since state law requires verification of lawful presence of the applicant, it is difficult to imagine that the intent and effect of the law does not require that the student (the final beneficiary and user of the grant) also have lawful presence, even if student is too young to be the applicant for that public benefit.

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OCGA 50-36-1

Verification of Lawful Presence within the United States

(3) “Applicant” means any natural person, 18 years of age or older, who has made application for access to public benefits on behalf of an individual, business, corporation, partnership, or other private entity.

(4) “Public benefit”‘ means a federal, a state, or local benefit which shall include the following:

(K) Grants;

(V) State grant or loan; 

(b) Except as provided in subsection (d) of this Code section or where exempted by federal law, every agency or political subdivision shall verify the lawful presence in the United States under federal immigration law of any applicant for public benefits.”

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In examples of “State grants” there is a long list of grants for scholarships. “Promise Scholarship” isn’t on the list yet because it isn’t in law yet. But it seems to indeed be a grant and should fall under the verification requirements in OCGA 50-36-1.

In the “school choice” bill for the “Promise Scholarship,” it is the “parent” who makes the application for the (Promise Scholarship) grant:

SB 233 “(1) ‘Account’ or ‘promise scholarship account’ means a consumer directed account

established pursuant to this chapter and composed of state funds deposited on behalf of

a participating student and which may be used for qualified education expenses.”

“(4) The student’s parent submits an application for an account to the commission no later

 than the deadline established by the commission; provided, however, that the commission

shall provide quarterly application periods that correspond with quarterly funding dates

pursuant to subsection (b) of Code Section 20-2B-5.”

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Definition of “grant.”  (different than “state grant.”)

“Grant” itself must be understood according to its ordinary meaning in the context in which it is used. O.C.G.A. § 1-3-1 (b). Consequently, in partial response to your question, in defining “grant” as it does, FOGA does not indicate that all expenditures from appropriations for “per diem, fees, and contracts” are regulated. FOGA regulates only those expenditures which conform to the ordinary meaning of grant, i.e. those which are in the nature of a gift or aid for a particular purpose. See Webster’s 3d New International Dictionary 1398 (1961).”