Tex. Education Code § 29.356 — TX Code / Code ed / Chapter 29 / Section 29.356
§ 29.356. APPLICATION TO PROGRAM.
Status: in_force

(a) A parent of an eligible child may apply to a certified educational assistance organization designated by the comptroller to enroll the child in the program for the following semester, term, or school year, as determined by the comptroller. The comptroller shall establish deadlines by which an applicant must complete and submit an application form to participate in the program.

(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, approving applicants:

(1) in the following order:

(A) siblings of participating children;

(B) children to whom Paragraph (C) does not apply; and

(C) children who previously ceased participation in the program due to enrollment in a school district or open-enrollment charter school; and

(2) within each of the groups described by Subdivision (1), in the following order, as applicable:

(A) children with a disability who are members of a household with a total annual income that is at or below 500 percent of the federal poverty guidelines;

(B) children who are members of a household with a total annual income that is at or below 200 percent of the federal poverty guidelines;

(C) children who are members of a household with a total annual income that is above 200 percent of the federal poverty guidelines and below 500 percent of the federal poverty guidelines; and

(D) children who are members of a household with a total annual income that is at or above 500 percent of the federal poverty guidelines.

(c) For purposes of Subsection (b), a certified educational assistance organization that receives an application from an eligible child and the child's eligible sibling during the same application cycle and approves the child's application shall approve the sibling's application at the same time.

(d) The comptroller shall adopt rules necessary to administer Subsection (b). The comptroller shall provide for posting on the Internet website established and maintained for the program any rule adopted under this subsection.

(e) The comptroller shall create an application form for the program and make the application form readily available through various sources, including the Internet website established and maintained for the program. The application form must state the application deadlines established by the comptroller under Subsection (a). Each certified educational assistance organization shall ensure that the organization is capable of receiving the application form, including any required supporting document, electronically.

(f) The comptroller shall create and maintain a waiting list based on the priority categories described by Subsection (b) for applicants if, during an application period, there are more acceptable applications for admission than there are available positions.

(g) Each certified educational assistance organization designated under Subsection (a) shall provide for posting on the Internet website established and maintained for the program a comptroller-approved applicant and participant handbook with a description of the program, including:

(1) expenses allowed under the program under Section 29.359;

(2) a list of preapproved education service providers and vendors of educational products under Section 29.358;

(3) a description of the application process under this section and the program expenditures process under Section 29.360; and

(4) a description of the responsibilities of program participants.

(h) Each certified educational assistance organization designated under Subsection (a) shall annually provide to each participating parent served by the organization the information described by Subsection (g). The organization may provide the information electronically.

(i) The comptroller or a certified educational assistance organization designated under Subsection (a):

(1) may require the participating parent to submit annual notice regarding the parent's intent for the child to continue participating in the program for the next school year; and

(2) may not require a program participant in good standing to annually resubmit an application for continued participation in the program.

(j) The agency shall provide to the comptroller the information necessary to make the determinations required under Subsection (b).