"School choice!" 'Eligible student' - DRAFT as requested

Migrants move up a riverbank at the Mexico-U.S. border after getting past a line of Mexican police at the Chaparral border crossing in Tijuana, Mexico, (AP Photo/Ramon Espinosa)

The below has been updated and replaced. PLS see HERE.

Updated *The reference we had previously/elsewhere to most of the text of OCGA 20-3-519.1 was merely an example of existing law for work on “school choice.” *The below is incomplete and in progress.

“Eligibility for scholarships or grants”

(b) A student is ineligible to apply for any scholarship or grant described in this section if the student:

(1) Is not a United States citizen or a permanent resident alien…”

______

Below is in progress wording to exclude illegal alien students and parents from participation in any taxpayer-funded private school scholarship program.

DRAFT (incomplete)

Eligibility:

A student is ineligible for any “NAME OF SCHOLARSHIP” scholarship or grant described in this section if the student Is not a United States citizen or lawfully admitted for permanent residence and a Lawful Permanent Resident under the federal Immigration and Nationality Act (INA).

For purposes of this section, “lawfully admitted for permanent residence” means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with U.S. immigration laws, such status not having changed. Such status terminates upon entry of a final administrative order of exclusion, deportation, or removal as defined by the permanent resident alien.

Application for NAME OF SCHOLARSHIP:

The Department (of Education?) shall create a dedicated application for NAME OF SCHOLARSHIP.

The NAME OF SCHOLARSHIP application shall state that it shall only be accepted for processing if accompanied by a certified copy of the U.S. issued birth certificate or valid, unexpired U.S. passport or a current copy of the USCIS Form I-551 (green card). or

Form N-550, Certificate of Naturalization; or Form N-560, Certificate of Citizenship;or

Form FS-240, or Report of Birth Abroad of United States Citizen.

Applicants or parents/ guardians for NAME OF SCHOLARSHIP shall complete the NAME OF SCHOLARSHIP application

A required, universal and dedicated application can and should be drawn up that requires parents/guardians/custodians of applicants for the state scholarship to enter a valid Social Security Number for both the student scholarship recipient and the parent/guardian/custodian who will be authorized to deal with any disbursement of the state money.

It is important that the state does not ask any questions regarding immigration status of students or parents/guardians. Excluding anyone not a U.S. citizen or LPR eliminates the need to ask status. There must be a state penalty for adults filing an application with false information…

The below reply and follow up was received from Rep Martin Dec. 5, 2023 at 8:00 AM.

The original request is here.

Mr. King,

To my reading and the reading of others with whom I have consulted, SB 379 via definitions, particularly in lines 19 – 33, requires the participant (“Apprentice”) and the employer (“Apprenticeship sponsor”) to be registered in Georgia and with the U.S. Department of Labor Office of Apprenticeship. Further, *a bulletin from the Office of Apprenticeship explains in part, “all individuals who are eligible to work in the U.S. are afforded an opportunity to participate and complete a RAP [registered apprenticeship program].”

Additionally, lines 52 – 55 outline employer application, providing another layer in assuring compliance with all applicable Georgia Law and Federal Law.

In sponsoring the legislation in the House in my role as Higher Education Chair, I relied on Senator Strickland’s statement that SB 379 stacks on underlying Georgia and Federal Law as outlined above.

Best Regards,

Rep. Chuck Martin.

Note: In my own reply to this response I asked Rep Martin for the title and date of the *U.S. DOL bulletin he cited and he was kind enough to send me this bulletin, (which I had already found and read). I am grateful to Rep Martin.