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Jail time awaits parents of illegal studentsTue, 06/27/2006 - 4:04pm
By: Ben Nelms
It will prove to be tough going for students that illegally attend Fayette County schools beginning this school year. But that lesson will pale in comparison to the one facing a parent or guardian responsible for the child’s attendance. Stiff new penalties for defrauding the school system by lying on an affidavit include fines, prison time and reimbursement for the cost of educating the student. The new school policy includes the prosecution of violators under a variety of state laws and reimbursement for the monetary loss to the school system. Once the possibility of defrauding the school system surfaces, an investigation will be conducted, District Attorney Scott Ballard said Friday. Charges will be brought if the investigation reveals that fraudulent actions have occurred. The majority of out-of-county children are from Fulton, Clayton, Coweta and Spalding counties, said Superintendent John DeCotis. The process by which an illegal student will be identified will likely come from a teacher or someone in the school, said Ballard. Those complaints will be forwarded to the principal and then to the county office, where an investigation will be conducted. If it is proved that fraud has been committed, the matter will be turned over to a police department to seek and serve warrants. At that point, the district attorney’s office will step in and prosecute the individual, Ballard said. Persons found in violation of the school’s policy could be prosecuted for false swearing, making false statements and second-degree forgery. Each of those charges carry a potential for one to five years in jail and up to $1,000 in fines. But it does not stop there. The policy calls for the payment for the cost of educating the ineligible student and the cost of the school system’s legal expenses in collecting those costs. Beginning in July, parents or guardians that have signed an affidavit in the past will be asked to sign new documentation at Lafayette Educational Center and will be given a window of opportunity to come clean if there were inaccuracies on the previous affidavit, Ballard said. “But after that, they will be prosecuted,” he said. The initiative is designed to keep non-Fayette residents from sending their children to county schools, said Ballard. “I can easily understand why people want to take advantage of the excellence of the Fayette County School System,” Ballard said. “The problem is, it costs the taxpayers of Fayette County about $7,000 per student to educate a child. And it’s just not right for Fayette County citizens and taxpayers to be paying for the education of people who do not live within the county.” DeCotis said the problem extends to county residents who sometimes try to assist friends living outside Fayette in finding a way to have those children attend Fayette schools. “We have cases where people will know somebody in Fayette County and they will ask that person in Fayette County to sign an affidavit saying that they live with them,” DeCotis said. “So you have some of our own citizens that are guilty of violating this policy.” Also beginning in July, the policy will feature two affidavits, said Ballard. One is for the family with the children and the other is for the homeowner who claims the family lives with them. “We’ll be vigorous as we prosecute any of the false swearing that takes place,” Ballard added. Initially, said Ballard, affidavits will be required of those who have filed them in the past or for the first time this year. That is where most of the fraud is likely to show up, he said. The affidavit process may eventually extend to all parents, Ballard suggested, perhaps as early as January. The customary procedure for proving residency continues to be a deed or rental agreement or another document such as an electric bill. Sometimes, Ballard said, people cannot furnish the customary residency documentation or proof of guardianship and have been allowed under Georgia law to sign an affidavit stating that they are Fayette County residents. “What we are finding is that many of these people are falsely swearing that they are residents of Fayette County on those affidavits,” Ballard said. “Last year we received 1,021 affidavits from people claiming to be residents of Fayette County. Many of them perhaps were, but we believe that many, many of them were not. And it’s time for that to stop.” Ballard said he understood the attraction of people wanting to have their children attend Fayette County schools. “They are welcome to move here and we welcome them with open arms,” he said. “But if they do not live here and they cannot by some lawful means have their children come to our schools, it’s not fair to the taxpayers of Fayette County to have them do so. And if they lie on an affidavit they are going to be prosecuted.” login to post comments |