Amend Amendment No. 42 by Strama to CSHB 5 (amendment packet page 89) as follows:

(1)  In item (2) strike all of (c-2) and replace with the following:

(c-2)  The agency shall also adopt an end-of-course assessment instrument for a secondary-level course in Algebra II, which shall be administered to a student at the student's option. The agency shall also adopt end-of-course assessment instruments for secondary-level courses in geometry, English I, and English III, which shall be administered to students enrolled in those courses. 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].

(2)  Strike item (7) from the amendment.

(3)  In item (10), strike (a-2) and replace with 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, for which an end-of-course assessment instrument is not optional for a student, and for which an end-of-course assessment instrument is administered. The commissioner shall adopt rules allowing 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 allowing 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, for which an end-of-course assessment instrument is optional for a student, 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 and optional assessment instruments administered under Section 39.023(c-2) 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.]

(4)  In item (12), strike (a-2) and replace with 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, for which an end-of-course assessment instrument is not optional for a student, and for which an end-of-course assessment instrument is administered. The commissioner shall adopt rules allowing 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, for which an end-of-course assessment instrument is optional for a student, 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 and optional assessment instruments administered under Section 39.023(c-2) 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.]

(5)  Strike item (15) and replace with the following:

On page 46, line 18, add "(c-2)" between "(c)" and "or".

(6)  Strike item (16) and replace with the following:

On page 46, line 23, add "(c-2)" between "(c)" and "or".