The two hardest hit groups of children [ in the pandemic ] are children in low income families and children with special needs .
( a ) Article VIII , Section I of the Georgia Constitution , entitled Public Education , states as follows :
1 . Public Education ; Free Public Education Prior to College or Postsecondary Level ; Support by Taxation .
The provision of an adequate public education for the citizens shall be a primary obligation of the State of Georgia . Public education for the citizens prior to the college or postsecondary level shall be provided for by taxation , and the General Assembly may by general law provide for the establishment of educational policies for such public education . The expense of other public education shall be provided for in such manner and in such amount as may be provided by law .” ( emphasis added )
2 . All School-Age Children in Georgia are Therefore Guaranteed an “ Adequate Education .” However , There is No Entitlement in Georgia for Equal Educational Opportunities .
Unfortunately , “[ n ] owhere in Article VIII of the Georgia Constitution is there any express statement as to the obligation of the state to equalize educational opportunities .” McDaniel v . Thomas , 248 Ga . 632 , 285 S . E . 2d 156 , 164 ( 1981 ). The McDaniel Court went on to say :
Having determined that the ‘ adequate education ’ does not ‘ incorporate equal educational opportunity as a basic concept ,’ we must decide whether public education in some school districts is so deficient in basic areas of study that it fails to meet the ‘ adequacy ’ standards of the state constitution . The term ‘ adequate education ’ is not defined in our constitution . Moreover , Georgia appears to be the only state in the union which employs such a phrase in its constitution to delineate the state ’ s basic obligation with respect to education . See Pauley v . Kelly , 255 S . E . 2d 859 , 863-874 , 884-886 ( W . Va . 1979 ). However , even a ‘ minimum ’ education must ‘ provide each child with an opportunity to acquire the basic minimum skills necessary for the enjoyment of the rights of speech and of full participation in the political process .’ San Antonio School District v . Rodriguez , 411 U . S . 1 , 37 , 93 S . Ct . at 1299 . Beyond this minimum , then , lies an ‘ adequate ’ education . However , this court has recently noted the inherent difficulty in establishing a ‘ judicially manageable standard for determining whether or not pupils are being provided an ‘ adequate education .’' Deriso v . Cooper , 246 Ga . 540 , 543 , 272 S . E . 2d 274 ( 1980 ).
Out of the relatively few cases which cite to the constitutional requirement of an “ adequate education ” for Georgia children , the McDaniel case comes the closest to defining what the term means ; unfortunately , the discussion in McDaniel provides little , if any , guidance as to what this means . Case law does , however , confirm that even “ adequate education ” does not mean equal educational opportunities .
3 . What are the Bare Essentials for Georgia Students Learning in a Remote Environment ?
The first essential is for a parent , guardian , other family member or friend to be home with the child while remote / virtual learning is occurring . The younger the child , the more attention and focus the parent or other caretaker must provide .
The second essential is for the child to have a functioning computer , laptop , or tablet
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device . Experience has shown that students cannot rely on cell phones . Thirdly , the parent or caretaker in the home must be minimally competent technologically , for the student to learn remotely .
Finally , the home must have broadband internet access .
4 . Children in Low-Income Families in Georgia Have Much Less Access to Computer Devices , Technology , and Broadband Internet than Children in Middle- or Upper-Income Families .
Low income , poorly educated , and Black and Brown families in Georgia have been hardest hit by the pandemic when it comes to the education of their children remotely . The parents in these families are more likely than not the front-line individuals who cannot be home to assist their children in virtual education . They must scramble to find family members or neighbors to supervise their children in virtual learning , otherwise precious family income is lost . Additionally , Georgia has a large immigrant population and often parents or grandparents have limited English skills that may impact successful remote learning .
Obviously , students living in poverty or one paycheck away from poverty have very limited , if any , access to a computer , laptop , or other digital device . The Pew Research Center gathered national data in April 2020 and found that one in five parents stated that it was very or somewhat likely that their children would not be able to complete their schoolwork at home because they lack access to necessary digital resources . Three in ten parents reported that all they had for their children ’ s use in remote learning was a cell phone . Although most of the publicschool districts in Metropolitan Atlanta have provided laptops to most students who need them for remote learning , it is doubtful that this is happening in rural or poorer school districts .
In terms of internet access , the Georgia
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