Amend SB 1 (senate committee report) in SECTION 2 of the bill by striking added Section 29.356(b), Education Code (page 3, lines 7 through 25), and substituting 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 as follows:
(1) for not more than 40 percent of available positions in the program, children described by Section 29.355(a)(1) who failed to perform satisfactorily for two or more consecutive years on:
(A) an assessment instrument administered under Section 39.023(a) in grades three through eight; or
(B) an end-of-course assessment instrument administered under Section 39.023(c);
(2) for not more than 30 percent of available positions in the program, children described by Section 29.355(a)(1) or (2) who are educationally disadvantaged;
(3) for not more than 20 percent of the available positions in the program, children described by Section 29.355(a)(1) or (2) 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; and
(4) for not more than 10 percent of the available positions in the program, children with a disability described by Section 29.355(a)(1) or (2).