§ 20-2b-26 — [See Note] Education savings authority; powers and duties; rules and regulations; limitation of liability

(a) The education savings authority shall adopt rules and regulations as necessary for the administration of the program and shall include rules and regulations prioritizing the selection of economically disadvantaged students over non-economically disadvantaged students and prioritizing participating students and students who previously were participating students over new applicants if either the number of participating students or the number of applications for accounts exceeds the funds available for the program. The education savings authority shall adopt rules and regulations regarding eligibility and participation of participating schools and service providers, including, but not limited to, timelines that will maximize student and private school participation, the calculation and distribution of accounts to participating students, and the application and approval procedures for participating students, participating schools, and service providers. The education savings authority shall develop and utilize a compliance form for completion by participating schools and service providers. The education savings authority shall be authorized to require any pertinent information as it deems necessary from participating schools and service providers for the purpose of implementing the program. Participating schools and service providers shall be required to complete such forms and certify their accuracy. (b) No liability shall arise on the part of the education savings authority or the state or of any local board of education based on the award or use of an account awarded pursuant to this article. (c) The education savings authority shall have the authority to: (1) Examine and audit accounts and records of participating student accounts, or contract for such examining and auditing of accounts, and shall, at a minimum, conduct random audits on an annual basis; (2) Take or require that such corrective, remedial, or preventive actions be taken as may be necessary or appropriate to protect the interests of the education savings authority, the state, the United States, schools, students, and the public at large; and (3) Make any parent or participating student ineligible for the program in the event of misuse of account funds. (d) The education savings authority shall have the authority to refer cases of substantial misuse of account funds to the Attorney General for investigation if evidence of fraudulent use is obtained. (e) The education savings authority may deduct an amount from accounts to cover the costs of overseeing and administering the program, up to a maximum of 5 percent annually. (f) The education savings authority may contract with a qualified organization to administer the program or specific functions of the program. (g) The education savings authority shall provide parents of participating students with an explanation of the allowable uses of account funds, the responsibilities of parents, and the duties of the education savings authority.

Legislative History

Repealed by 2024 Ga. Laws 457,§ 2-1, eff. 6/30/2035, or ten years after it becomes effective, whichever is later; provided, however, that any student who is qualified under the program prior to such repeal of Part II shall continue to be eligible under the program until the student returns to a public school, graduates from high school, or reaches the age of 20 years, or for any special education student, reaches the age of 21 years. Added by 2024 Ga. Laws 457,§ 2-1, eff. only if the "Quality Basic Education Act," as provided for in Article 6 of Chapter 2 of Title 20, is fully funded, app. to school years beginning on 7/1/2025, and continuing thereafter.