Amend CSHB 5 as follows:

(1)  On page 22, line 11, strike "39.023(c)," and substitute "39.023(b), (c),".

(2)  On page 22, between lines 12 and 13, insert the following:

(b)  Each [The agency shall develop or adopt appropriate criterion-referenced     alternative assessment instruments to be administered to each] student in a special education program under Subchapter A, Chapter 29, for whom an assessment instrument adopted under Subsection (a), even with allowable accommodations, would not provide an appropriate measure of student achievement, as determined by the student's admission, review, and dismissal committee, shall be administered appropriate assessment instruments, including assessment instruments approved by the commissioner that measure growth as determined by the student's individualized education program.