Amend CSHB 5 (house committee printing) on page 25, between lines 16 and 17, by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  (a) Section 39.0234, Education Code, is amended to read as follows:
Sec. 39.0234.  ADMINISTRATION OF ASSESSMENT INSTRUMENTS BY COMPUTER. (a) The agency shall ensure that assessment instruments required under Section 39.023 are capable of being administered by computer.  Except as provided by Subsection (b), the [The] commissioner may not require a school district or open-enrollment charter school to administer an assessment instrument by computer.
(b)  A school district, including a disciplinary alternative education program provided by the district, or a juvenile justice alternative education program shall provide to a student eligible to retake an end-of-course assessment instrument the opportunity to retake that assessment instrument by computer at any reasonable time. The commissioner may adopt rules as necessary to administer this subsection.
(b)  This section applies beginning with the 2013-2014 school year.