Amend Floor Amendment No. 38 to CSHB 5 by Simmons (page 86 of the amendment packet) by striking lines 6-16 and substituting the following:

(b)  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, including assessment instruments approved by the commissioner that measure growth. The assessment instruments developed or adopted under this subsection, including the assessment instruments approved by the commissioner, must, to the extent allowed under federal law, provide a district with options for the assessment of students under this subsection.