Amend Floor Amendment No. 36 to CSHB 5 (page 84 of the amendment packet) as follows:

(1)  On page 1 of the amendment, line 5, strike "Subsections (c), (c-2), (c-3), and (e)" and substitute "Subsection (e)".

(2)  On page 1 of the amendment, strike lines 9-16, and substitute the following:

(e)  Under rules adopted by the State Board of Education, every third year, the agency shall release the questions and answer keys to each assessment instrument administered under Subsection (a), (b), (c), (c-2), (d), or (l), excluding any assessment instrument administered to a student for the purpose of retaking the assessment instrument, after the last time the instrument is administered for that school year.  To ensure a valid bank of questions for use each year, the agency is not required to release a question that is being field-tested and was not used to compute the student's score on the instrument.  The agency shall also release, under board rule, each question that is no longer being field-tested and that was not used to compute a student's score. During the 2014-2015 and 2015-2016 school years, the agency shall release the question and answer keys to assessment instruments as described by this section each year.

(3)  On page 1 of the amendment, line 17, strike "State Board of Education" and substitute "commissioner".

(4)  On page 1 of the amendment, line 25, strike "State Board of Education" and substitute "commissioner".

(5)  On page 2 of the amendment, line 7, strike "State Board of Education" and substitute "commissioner".