The parent or guardian to whom a scholarship award is granted must restrictively endorse the scholarship award to the private school for deposit into the account of the private school. The parent or guardian may not designate any entity or individual associated with the participating private school as the parent's attorney in fact to endorse a scholarship award. A participant who fails to comply with this Code section forfeits the scholarship.
(Code 1981, §20-2A-5, enacted by Ga. L. 2008, p. 1108, § 1/HB 1133; Ga. L. 2011, p. 529, § 1/HB 325.)
Editor's notes.- Ga. L. 2011, p. 529, § 3/HB 325, not codified by the General Assembly, provides that the 2011 amendment shall be applicable to all taxable years beginning on or after January 1, 2011.
JUDICIAL DECISIONS
Endorsement of award by parent into school's account.
- O.C.G.A. § 20-2A-2 sets forth the rules by which each student scholarship organization (SSO) is to distribute the donations received for scholarships or tuition grants. Generally speaking, the SSO is required to distribute the donated funds as scholarships or tuition grants for the benefit of students who meet certain eligibility requirements under paragraph (1) of § 20-2A-2, and the parent or guardian of each recipient must endorse the award to the accredited private school of the parents' choice for deposit into the school's account under O.C.G.A. § 20-2A-5. Gaddy v. Ga. Dep't of Revenue, 301 Ga. 552, 802 S.E.2d 225 (2017).