O.C.G.A.
O.C.G.A.

20-2A-5 (2019)

Parent or guardian endorsement of award required

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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.

History

Code 1981, § 20-2A-5, enacted by Ga. L. 2008, p. 1108, § 1/HB 1133; Ga. L. 2011, p. 529, § 1/HB 325.

Annotations

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. § 202A-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 Ga. LEXIS 541 (2017).

Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: Gaddy v. Georgia Dep't of Revenue, 802 S.E.2d 225 (Ga. 2017).
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Gaddy v. Georgia Dep't of Revenue, 802 S.E.2d 225 (Ga. 2017). · cites it 2× “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 (OCGA § 20-2A-2 (1)), and the parent or guardian of each recipient must endorse the award to the…”
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