20-2B-5. Powers of the authority.

In addition to all other provisions of this chapter and in furtherance of the purposes of the education savings authority, the education savings authority shall have the following general powers, duties, and functions:#

1. (1)

   The education savings authority shall establish and administer each student assistance program provided for in this chapter in accordance with the provisions of this article. Pursuant thereto, the education savings authority is further authorized:#

   1. (A)

      To adopt rules, regulations, and policies necessary, appropriate, or convenient for the administration of its affairs; the execution of its powers, duties, and functions; and the accomplishment of its corporate purposes, as prescribed in this chapter;#

   2. (B)

      To receive all moneys made available by the General Assembly or otherwise for the purposes of the education savings authority and to use such moneys in accordance with this chapter;#

   3. (C)

      To administer federal funds allotted to the education savings authority or to the state for use by the education savings authority in respect of programs provided for in federal laws, related matters, and related administrative costs;#

   4. (D)

      To enter into contracts and agreements with schools upon such terms and conditions as may be prescribed by the education savings authority or otherwise agreed upon between the education savings authority and the school, not inconsistent with this chapter, applicable state or federal law, or agreements entered into between the education savings authority and any federal or state agency;#

   5. (E)

      To require that schools located in the state shall designate one or more persons who shall be responsible for receiving and controlling and disbursing, delivering, or crediting to accounts, as the case may be, funds that are required to be or which may optionally be disbursed to, delivered to, or otherwise provided to the school under this chapter, for further disbursement, delivery, or credit to the account of students enrolled therein; and to provide for matters relative thereto;#

   6. (F)

      To require that schools located in the state or, with approval of the education savings authority, a combination of schools jointly shall provide fidelity bond coverage of school employees who have access to funds that may be routed through the school to students enrolled therein to the extent expressly authorized in this chapter, in such sums and conditioned in such respects and as to the insured as may be reasonably necessary to protect the interests of the education savings authority; and to provide for matters relative thereto;#

   7. (G)

      To limit, suspend, or terminate the participation of a school in any financial assistance program administered by the education savings authority, in accordance with rules and regulations of the education savings authority that are consistent with this chapter, applicable state or federal laws, and agreements entered into between the educations savings authority and the school or any federal or state agency; and to provide for such formal and informal procedures in regard thereto as may be appropriate;#

   8. (H)

      To require that reports, in such form and containing such information as the education savings authority may prescribe, be furnished to the education savings authority by schools as it may deem necessary for the effective performance of its powers, duties, and functions under this chapter;#

   9. (I)

      To require that such administrative and fiscal procedures be used by the education savings authority and schools as may be necessary to protect the financial interests of the education savings authority and to ensure proper and effective administration of programs administered by the education savings authority;#

   10. (J)

       To keep and maintain, and to require that schools keep and maintain, such records as may be determined to be necessary for proper and efficient administration of the programs under this chapter; and to require that such school records be made available to employees of the education savings authority for examination and inspection as may be necessary or appropriate;#

   11. (K)

       To secure data, except where specifically prohibited by state or federal law, from any state agency, department, instrumentality, political subdivision of the state, or any other source, for the purpose of verifying information submitted by a student or a parent when applying for or receiving any financial resources administered by the education savings authority under this chapter; and to pay costs incurred by the provider of such data;#

   12. (L)

       Except where specifically prohibited by state or federal law, to obtain from each state agency, department, instrumentality, and political subdivision information contained in its records relative to the present or last known address and telephone number of a borrower, comaker, cosigner, or endorser, identified to the provider by name and social security number, and to pay costs incurred by the provider of such information; and each state agency, department, instrumentality, and political subdivision is authorized and directed to provide the information specified in this subparagraph to the education savings authority upon its request;#

   13. (M)

       To advertise or otherwise promote the programs, functions, and purposes of the education savings authority and to expend funds available to the education savings authority for such purposes;#

   14. (N)

       To solicit, receive, and accept funds from any source, public or private, by gift, grant, bequest, loan, or otherwise, either absolutely or in trust, and to hold, use, administer, and expend such funds on its behalf and for any of its corporate purposes; and to acquire from any source, public or private, by purchase, lease, gift, bequest, or devise, any property, real, personal, or mixed, either absolutely or in trust, and to hold, use, administer, and dispose of such property on its behalf and for any of its corporate purposes;#

   15. (O)

       To provide for procedures consistent with the provisions of this chapter for the filing, hearing, and determination of an appeal made by an aggrieved party of a decision made by the education savings authority in the administration of programs provided for in this chapter and for all matters relative thereto;#

   16. (P)

       To enter into agreements and undertakings as may be necessary or appropriate in the exercise of its powers, duties, and functions under this chapter;#

   17. (Q)

       To perform such other acts as may be necessary or appropriate to carry out effectively the purposes of the education savings authority under this chapter consistent with the provisions of this chapter;#

   18. (R)

       To adopt an official seal and alter the seal at its pleasure;#

   19. (S)

       To maintain a principal office and such other offices as may be appropriate;#

   20. (T)

       To adopt bylaws and policies for the regulation of its affairs and the conduct of its business;#

   21. (U)

       To bring and defend actions in the name of the education savings authority and to plead and be impleaded;#

   22. (V)

       To do any and all things necessary, desirable, convenient, or incidental for the accomplishment of the objectives of this chapter and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purposes of the education savings authority or the Constitution and laws of this state, including, but not limited to:#

       1. (i)

          The power to retain accounting and other financial services;#

       2. (ii)

          The power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property;#

       3. (iii)

          The power to indemnify and hold harmless any parties contracting with the education savings authority or its agents from damage to persons or property; and#

       4. (iv)

          The power to act as a self-insurer with respect to any loss or liability and to create insurance reserves;#

   23. (W)

       To appoint officers, agents, and employees, to prescribe their duties and qualifications, and to fix their compensation, as provided in this article; and#

   24. (X)

       To incorporate one or more nonprofit corporations to aid the education savings authority in carrying out any of its powers, duties, and functions. Any such nonprofit corporation created pursuant to this subparagraph shall be a body corporate and politic and shall be created pursuant to Chapter 3 of Title 14, the “Georgia Nonprofit Corporation Code,” and the Secretary of State shall be authorized to accept such filing. Upon dissolution of any such nonprofit corporation, any assets of such nonprofit corporation shall revert to the education savings authority or to any successor to the education savings authority, or failing such succession, to the State of Georgia. The education savings authority shall not be liable for the debts, obligations, or bonds of any such nonprofit corporation or for the actions or omissions to act of any such nonprofit corporation unless the education savings authority so consents;#

2. (2)

   Employees of the commission may perform management, supervisory, administrative, and clerical functions required by the education savings authority, and the commission will be compensated for such expenses as directed by the board of directors;#

3. (3)

   To service or contract for the servicing of educational loans, including the servicing of such loans by the education savings authority on behalf of others, to contract in advance for the servicing of loans for educational purposes, and to contract for the performance by the education savings authority of loans for educational purposes; and#

4. (4)

   To the extent that this article is inconsistent with any other state general or special law, rule, or regulation, this article shall be controlling.#

Except as provided in subsection (d) of this Code section, pursuant to Code Section 50-18-70, the education savings authority shall not disclose and shall keep confidential, in each case unless identifying information has been redacted:#

1. (1)

   Records that include information identifying a student or former student by name, address except for ZIP Code, telephone number, or emergency contact; and#

2. (2)

   Records that reveal an individual’s social security number, mother’s birth name, credit card information, debit card information, bank account information, account number, utility account number, password used to access his or her account, financial data or information, insurance or medical information in all records, unlisted telephone number if so designated in a public record, personal email address or cellular telephone number, or month and day of birth.#

Except as prohibited by federal or state law and as limited by paragraph (1) of subsection (a) of Code Section 18-4-5, individuals who owe any amount to the education savings authority relating to any loan, scholarship, or grant made by the education savings authority, including loan repayments and refunds, are, without judicial action, subject to garnishment of their pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund in accordance with rules and regulations promulgated by the education savings authority. As used in this subsection, the term “refund” means scholarship and grant amounts paid to or on behalf of individuals, in accordance with rules and regulations promulgated by the education savings authority, subsequently determined to be ineligible to receive such scholarship and grant amounts. The remedies set forth in this subsection shall be in addition to all other remedies available at law and in equity.#

As necessary to enforce the provisions of this chapter, the education savings authority or its duly authorized agents may submit to the state revenue commissioner the names of applicants for promise scholarship accounts or account funds or other benefits or payments provided under this chapter, as well as the relevant income threshold specified therein. If the education savings authority elects to contract with the state revenue commissioner for such purposes, the state revenue commissioner and his or her agents or employees shall notify the education savings authority whether each submitted applicant’s income exceeds the relevant income threshold provided. The education savings authority shall pay the state revenue commissioner for all costs incurred by the Department of Revenue pursuant to this subsection. No information shall be provided by the Department of Revenue to the education savings authority without an executed cooperative agreement between the two entities. Any tax information secured from the federal government by the Department of Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may not be disclosed by the Department of Revenue pursuant to this subsection. Any person receiving any tax information under the authority of this subsection is subject to the provisions of Code Section 48-7-60 and to all penalties provided under Code Section 48-7-61 for unlawful divulging of confidential tax information.#