Amend CSHB 5 (house committee report) by striking page 5, lines 11-25, and substituting the following:

(b)  A school district shall ensure that each student enrolls in the courses necessary to complete the curriculum requirements identified by the State Board of Education under Subsection (a) for the distinguished level of achievement under the foundation [recommended or advanced] high school program unless the student and [,] the student's parent or other person standing in parental relation to the student [, and a school counselor or school administrator] agree in writing signed by each party that the student should be permitted to take courses under the foundation [minimum] high school program [and the student:

[(1)     is at least 16 years of age;

[(2)     has completed two credits required for graduation in each subject of the foundation curriculum under Section 28.002(a)(1); or

[(3)     has failed to be promoted to the tenth grade one or more times as determined by the school district].