Amend CSSB 1031 (House committee printing) as follows:                       
	(1)  Immediately preceding SECTION 1 of the bill (page 1, 
between lines 4 and 5), insert the following appropriately numbered 
SECTION:
	SECTION ____.  Section 12.104(b), Education Code, is amended 
to read as follows:
	(b)  An open-enrollment charter school is subject to:                          
		(1)  a provision of this title establishing a criminal 
offense;  and        
		(2)  a prohibition, restriction, or requirement, as 
applicable, imposed by this title or a rule adopted under this 
title, relating to:
			(A)  the Public Education Information Management 
System (PEIMS) to the extent necessary to monitor compliance with 
this subchapter as determined by the commissioner;
			(B)  criminal history records under Subchapter C, 
Chapter 22;              
			(C)  reading instruments and accelerated reading 
instruction programs under Section 28.006;
			(D)  requirements for promotion [satisfactory 
performance on assessment instruments] and [to] accelerated 
instruction under Section 28.0211;
			(E)  high school graduation under Section 28.025;                            
			(F)  special education programs under Subchapter 
A, Chapter 29;            
			(G)  bilingual education under Subchapter B, 
Chapter 29;                   
			(H)  prekindergarten programs under Subchapter E, 
Chapter 29;              
			(I)  extracurricular activities under Section 
33.081;                      
			(J)  discipline management practices or behavior 
management techniques under Section 37.0021;
			(K)  health and safety under Chapter 38;                                     
			(L)  public school accountability under 
Subchapters B, C, D, and G, Chapter 39;
			(M)  the requirement under Section 21.006 to 
report an educator's misconduct;  and
			(N)  intensive programs of instruction under 
Section 28.0213.              
	(2)  Immediately following SECTION 3 of the bill (page 3, 
between lines 13 and 14), insert the following appropriately 
numbered SECTION:
	SECTION ____.  Section 28.0211, Education Code, is amended by 
amending Subsection (a) and adding Subsection (a-1) to read as 
follows:
	(a)  Except as provided by Subsection (b) or (e), a student 
may not be promoted to:
		(1)  the fourth grade program to which the student 
would otherwise be assigned if the student does not perform 
satisfactorily on the third grade reading assessment instrument 
under Section 39.023;
		(2)  the sixth grade program to which the student would 
otherwise be assigned if the student does not perform 
satisfactorily on the fifth grade mathematics and reading 
assessment instruments under Section 39.023;  or
		(3)  the ninth grade program to which the student would 
otherwise be assigned if the student does not perform 
satisfactorily in the eighth grade reading and mathematics courses 
in which the student in enrolled, including a failure to perform 
satisfactorily in the courses due to the student's failure to 
perform satisfactorily on the eighth grade mathematics and reading 
assessment instruments under Section 39.023.
	(a-1)  For purposes of this section, a student is entitled to 
retake an assessment instrument specified under Subsection (a)(3) 
and receive accelerated instruction in the manner provided by this 
section if the student's failure to perform satisfactorily in the 
eighth grade reading and mathematics courses in which the student 
is enrolled is due to the student's failure to perform 
satisfactorily on the eighth grade mathematics and reading 
assessment instruments under Section 39.023.
	(3)  In the recital to SECTION 7 of the bill (page 5, line 1), 
between "Subsections" and "(c-1)", insert "(a-1), (a-2),".
	(4)  In SECTION 7 of the bill, in amended Section 39.023, 
Education Code (page 5, between lines 23 and 24), insert the 
following:
	(a-1)  The State Board of Education by rule shall require 
each assessment instrument administered under Subsection (a) to 
students in grade six, seven, or eight to be an end-of-course 
assessment instrument.  A school district shall comply with State 
Board of Education rules regarding administration of the 
end-of-course assessment instruments to students in grade six, 
seven, or eight and shall adopt a policy that requires a student's 
performance on an end-of-course assessment instrument to account 
for 15 percent of the student's final grade for the course in which 
the assessment instrument is administered.  The end-of-course 
assessment instruments must be designed to assess the student's 
essential knowledge and skills in the designated course, the 
student's mastery of minimum skills necessary for promotion to the 
next grade level, and the student's readiness for advanced 
coursework.
	(a-2)  The State Board of Education shall adopt rules 
requiring each assessment instrument administered under Subsection 
(a) to students in grade six, seven, or eight to be an end-of-course 
assessment instrument beginning with the 2011-2012 school year.  
This subsection expires August 1, 2012.
	(5)  In SECTION 14 of the bill, in amended Section 39.051(b), 
Education Code (page 21, line 2), between "on which" and "each 
student", insert "or the subject in which".
	(6)  Renumber the subsequent SECTIONS of the bill 
accordingly.