Amend CSHB 5 (house committee printing) as follows:

(1)  On page 3, lines 3-4, strike "an end-of-course assessment instrument adopted under Section 39.023".

(2)  On page 23, strike lines 14-25 and substitute the following:

(c-2)  The agency shall also adopt end-of-course assessment instruments for secondary-level courses in Algebra II, geometry, chemistry, physics, English I, English III, world geography, and world history. The Algebra II and geometry end-of-course assessment instruments must be administered with the aid of technology. A school district shall comply with State Board of Education rules regarding administration of the assessment instruments. The State Board of Education shall administer the assessment instruments primarily for the purpose of diagnosing the academic strengths and deficiencies of students. [The agency may adopt end-of-course assessment instruments for courses not listed in Subsection   (c).] A district may require a student's performance on an end-of-course assessment instrument adopted under this subsection to be [is not] subject to the performance requirements established under Subsection (c) [or Section   39.025].

(3)  On page 24, lines 9-10, strike "the end-of-course assessment instrument in Algebra II under Subsection".

(4)  On page 24, lines 13-14, strike "[English I,] English II [, and English III]" and substitute "English I, English II, and English III".

(5)  On page 24, line 14, strike "; and" and substitute "."

(6)  On page 24, strike lines 15-17.

(7)  On page 25, line 21, strike "adopted [required]" and substitute "required".

(8)  Strike page 25, line 27, through page 28, line 11.

(9)  On page 28, line 13, between "(a-1)," and "(b)", insert "(a-2),".

(10)  On page 30, between lines 21 and 22, insert the following:

(a-2)  The commissioner shall adopt rules requiring a student participating in the recommended or advanced high school program to be administered each end-of-course assessment instrument listed in Section 39.023(c-2) and requiring a student participating in the minimum high school program to be administered an end-of-course assessment instrument listed in Section 39.023(c-2) only for a course in which the student is enrolled and for which an end-of-course assessment instrument is administered. For each scale score that indicates satisfactory performance, as determined by the commissioner under Section 39.0241(a), on an assessment instrument administered under this subsection that is not based on a 100-point scale scoring system, the commissioner shall provide for conversion, in accordance with commissioner rule, of the scale score to an equivalent score based on a 100-point scale scoring system. Performance on an assessment instrument under this subsection may not be used as a condition for graduation. [In addition to the cumulative score requirements under Subsection   (a), a student must achieve a score that meets or exceeds the score determined by the commissioner under Section   39.0241(a) for English III and Algebra II end-of-course assessment instruments to graduate under the recommended high school program.]

(11)  On page 32, lines 4-5, strike "Section 39.025(a), Education Code, is amended" and substitute "Sections 39.025(a) and (a-2), Education Code, are amended".

(12)   On page 33, between lines 10 and 11, insert the following:

(a-2)  The commissioner shall adopt rules requiring a student participating in the foundation high school program under Section 28.025 to be administered an end-of-course assessment instrument listed in Section 39.023(c-2) only for a course in which the student is enrolled and for which an end-of-course assessment instrument is administered. For each scale score that indicates satisfactory performance, as determined by the commissioner under Section 39.0241(a), on an assessment instrument administered under this subsection that is not based on a 100-point scale scoring system, the commissioner shall provide for conversion, in accordance with commissioner rule, of the scale score to an equivalent score based on a 100-point scale scoring system. Performance on an assessment instrument under this subsection may not be used as a condition for graduation. [In addition to the cumulative score requirements under Subsection   (a), a student must achieve a score that meets or exceeds the score determined by the commissioner under Section   39.0241(a) for English III and Algebra II end-of-course assessment instruments to graduate under the recommended high school program.]

(13)  On page 34, between lines 11 and 12, insert the following appropriately numbered section:

SECTION ____. (a) Subchapter B, Chapter 39, Education Code, is amended by adding Section 39.038 to read as follows:

(14)  Strike page 33, line 13, through page 34, line 2.

(15)  On page 34, line 17, between "(c)," and "and", insert "(c-2),".

(16)  On page 46, lines 18-19, strike "or (l) or on end-of-course assessment instruments adopted under Section 39.023(c-2)," and substitute "(c-2), or (l),".

(17)  On page 46, lines 23-25, strike "or (l) or on end-of-course assessment instruments adopted under Section 39.023(c-2)," and substitute "(c-2), or (l),".

(18)  On page 68, line 26, strike "Sections 39.025(a-2) and (a-3)" and substitute "Section 39.025(a-3)".

(19)  Renumber SECTIONS of the bill appropriately.