Amend SB 1 (senate committee report) in SECTION 2 of the bill as follows:
(1) In added Section 29.355, Education Code (page 2, lines 42 through 54), strike Subsection (a) and substitute the following:
(a) A child is eligible to participate in the program and may, subject to available funding, enroll in the program for the semester following the semester in which the child's application is submitted under Section 29.356 if the child:
(1) is eligible to:
(A) attend a public school under Section 25.001; or
(B) enroll in a public school's prekindergarten program under Section 29.153; and
(2) either:
(A) was enrolled in a public school in this state for at least 90 percent of the school year preceding the school year for which the child applies to enroll in the program;
(B) is enrolling in prekindergarten or kindergarten for the first time;
(C) attended a private school on a full-time basis for the preceding school year; or
(D) was a home-schooled student, as defined by Section 29.916(a)(1), for the preceding school year.
(2) In added Section 29.355(b)(2), Education Code (page 2, line 62), strike "to attend a public school under Section 25.001" and substitute "to either attend a public school under Section 25.001 or enroll in a public school's prekindergarten program under Section 29.153, as applicable".
(3) In added Section 29.356, Education Code (page 3, lines 7 through 25), strike Subsection (b) and substitute the following:
(b) On receipt of more acceptable applications during an application period for admission under this section than available positions in the program due to insufficient funding, a certified educational assistance organization shall, at the direction of the comptroller, fill the available positions by lottery of applicants within each category as follows:
(1) for not more than 40 percent of available positions in the program, children described by Section 29.355(a)(2)(A) or (B) who are members of a household with a total annual income that is at or below 185 percent of the federal poverty guidelines;
(2) for not more than 30 percent of the available positions in the program, children described by Section 29.355(a)(2)(A) or (B) who are members of a household with a total annual income that is above 185 percent of the federal poverty guidelines and below 500 percent of the federal poverty guidelines;
(3) for not more than 20 percent of the available positions in the program, children with a disability described by Section 29.355(a)(2)(A) or (B) who are not accepted into the program under Subdivision (1) or (2) of this section; and
(4) for any remaining available positions in the program, all eligible applicants who are not accepted into the program under Subdivision (1), (2), or (3) of this section.
(4) In added Section 29.357, Education Code (page 3, line 69 through page 4, line 18), strike Subdivisions (3), (4), and (5) and substitute the following:
(3) refrain from selling an item purchased with program money; and
(4) notify the program participant's certified educational assistance organization not later than 30 business days after the date on which the child:
(A) enrolls in a public school, including an open-enrollment charter school;
(B) graduates from high school; or
(C) is no longer eligible to either:
(i) enroll in a public school under Section 25.001; or
(ii) enroll in a public school's prekindergarten program under Section 29.153.
(5) In added Section 29.359(a)(2), Education Code (page 5, lines 33 through 36), strike "required by a school, higher education provider, or course in which the child is enrolled, including purchases made through a third-party vendor of educational products".
(6) In added Section 29.361, Education Code (page 6, lines 18 through 24), strike Subsection (a) and substitute the following:
(a) Regardless of the deadline by which the parent applies for enrollment in the program under Section 29.356(a), a parent of a child participating in the program shall receive each year that the child participates in the program payments from the state from funds available under Section 29.353 to the child's account equal to a total amount of:
(1) $1,000, if the participating child is a home-schooled student, as defined by Section 29.916(a)(1); or
(2) $8,000, if the child is a participating child not described by Subdivision (1).
(7) In added Section 29.362(f)(1), Education Code (page 7, line 14), immediately after the underlined semicolon, add "and".
(8) In added Section 29.362(f), Education Code (page 7, lines 15 and 16), strike Subdivision (2).
(9) In added Section 29.362(f), Education Code (page 7, line 17), strike "(3)" and substitute "(2)".