Amend HB 500 as follows:

(1)  On page 6, line 1, strike "2011-2012" and substitute "2013-2014 [2011-2012]".

(2)  On page 6, strike lines 3-21, and substitute the following:

instruments is made, [:

[(1)]  for students entering a grade above the ninth grade during the 2011-2012 or 2012-2013 school years [year], the commissioner shall seek a waiver from federal law requirements mandating administration of assessment instruments to public school students in this state. If a waiver is granted, assessment instruments may not be administered under Section 39.023 during the 2011-2012 and 2012-2013 school years. If a waiver is not granted, districts shall administer to district students, during the 2011-2012 and 2012-2013 school years, appropriate assessment instruments in place of exit-level or end-of-course assessment instrument as necessary to comply with federal law [retain, administer, and use for purposes of accreditation and other campus and district accountability measures under this chapter the assessment instruments required by Section 39.023(a) or (c), as that section existed before amendment by Chapter 1312 (SB 1031), Acts of the 80th Legislature, Regular Session, 2007;

[(2)     a student subject to Subdivision (1) may not receive a high school diploma unless the student has performed satisfactorily on each required assessment instrument administered under Section 39.023(c) as that section existed before amendment by Chapter 1312 (SB 1031), Acts of the 80th Legislature, Regular Session, 2007; and

[(3)     the agency may defer releasing assessment instrument questions and answer keys as required by Section 39.023(e) to the extent necessary to develop additional assessment instruments.]