Amend CSHB 5 (senate committee report) as follows:

(1)  Strike SECTION 8 of the bill, amending Section 28.014, Education Code (page 3, line 63, through page 5, line 25), and substitute the following:

SECTION 8.  (a) Sections 28.014(b), (c), and (f), Education Code, are amended to read as follows:

(b)  A student who successfully completes a course developed under this section may use the credit earned in the course toward satisfying the applicable mathematics or science curriculum requirement for the foundation [recommended or advanced] high school program under Section 28.025.

[(c)     The agency, in consultation with the Texas Higher Education Coordinating Board, shall adopt an end-of-course assessment instrument for each course developed under this section to ensure the rigor of the course. A school district shall, in accordance with State Board of Education rules, administer the end-of-course assessment instrument to a student enrolled in a course developed under this section. [Each school district shall adopt a policy that requires a student's performance on the end-of-course assessment instrument to account for 15 percent of the student's final grade for the course.] A student's performance on an end-of-course assessment instrument administered under this subsection may be used, on a scale of 0-40, in calculating whether the student satisfies the graduation requirements established under Section 39.025.]

(f)  To the extent applicable, the commissioner shall draw from curricula and instructional materials developed under Section [Sections] 28.008 [and 61.0763] in developing a course and related instructional materials under this section. Not later than September 1, 2010, the State Board of Education shall adopt essential knowledge and skills for each course developed under this section. The State Board of Education shall make each course developed under this section and the related instructional materials available to school districts not later than the 2014-2015 school year. [As required by Subsection (c), a school district shall adopt a policy requiring a student's performance on an end-of-course assessment instrument administered under that subsection to account for 15 percent of the student's grade for a course developed under this section not later than the 2014-2015 school year.] This subsection expires September 1, 2015.

(b)  This section applies beginning with the 2013-2014 school year.

(2)  Strike SECTION 22 of the bill, amending 31.0211(c), Education Code, and SECTION 23 of the bill, adding Section 31.031, Education Code (page 13, line 41, through page 14, line 20).

(3)  In the recital to SECTION 29(a) of the bill, amending Section 39.025, Education Code (page 17, line 19), strike "and (b)" and substitute "(b), and (b-2)".

(4)  In SECTION 29 of the bill, strike amended Section 39.025(a-1), Education Code (page 17, line 53, through page 18, line 21), and substitute the following:

(a-1)  The commissioner [by rule] shall determine a method by which a student's satisfactory performance on an advanced placement test, an international baccalaureate examination, an SAT Subject Test, the SAT, the ACT, or any nationally recognized norm-referenced [another] assessment instrument used by institutions of higher education to award course credit based on satisfactory performance on the [determined by the commissioner to be at least as rigorous as an end-of-course] assessment instrument shall [adopted under Section 39.023(c) may] be used to satisfy [as a factor in determining whether the student satisfies] the requirements concerning an end-of-course assessment instrument in an equivalent course as prescribed by [of] Subsection (a)[, including the cumulative score requirement of that subsection]. The commissioner shall [by rule may] determine a method by which a student's satisfactory performance on the PSAT or the ACT-Plan shall [a Preliminary Scholastic Assessment Test (PSAT) assessment or a preliminary American College Test (ACT)

assessment may] be used to satisfy [as a factor in determining whether the student satisfies] the requirements concerning an end-of-course assessment instrument in an equivalent course as prescribed by [of] Subsection (a). A student who fails to perform satisfactorily on a test or other assessment instrument authorized under this subsection, other than the PSAT or the ACT-Plan, may retake that test or other assessment instrument for purposes of this subsection or may take the appropriate end-of-course assessment instrument. A student who fails to perform satisfactorily on the PSAT or the ACT-Plan must take the appropriate end-of-course assessment instrument. The commissioner shall adopt rules as necessary for the administration of this subsection.

(5)  In SECTION 29 of the bill, amending Section 39.025, Education Code, immediately following amended Section 39.025(b), Education Code (page 18, between lines 57 and 58), insert the following:

(b-2)  If a school district determines that a student, on completion of grade 11, is unlikely to achieve the [cumulative] score requirement under Subsection (a) [requirements] for one or more end-of-course assessment instruments administered to the student as provided [subjects prescribed] by Subsection (a) for receiving a high school diploma, the district shall require the student to enroll in a corresponding content-area college preparatory course for which an end-of-course assessment instrument has been adopted, if available.  A student who enrolls in a college preparatory course described by this subsection shall be administered an end-of-course assessment instrument for the course, with the end-of-course assessment instrument scored on a scale as determined by the commissioner [not to exceed 20 percent of the cumulative score requirements required to graduate as determined under Subsection (a)].  A student may use the student's score on the end-of-course assessment instrument for the college preparatory course towards satisfying the [cumulative] score requirement [requirements] prescribed by Subsection (a).

(6)  In the recital to SECTION 52(a) of the bill, amending Section 51.3062, Education Code (page 27, lines 60-61), strike "Section 51.3062, Education Code, is amended by amending Subsection (i) and adding Subsection (q-3)" and substitute "Section 51.3062(i), Education Code, is amended".

(7)  In SECTION 52 of the bill, strike added Section 51.3062(q-3), Education Code (page 28, lines 7-12).

(8)  In SECTION 66(a) of the bill (page 34, line 43), strike Subdivision (5) and substitute the following:

(5)  Section 39.025(a-3); and

(9)  Renumber SECTIONS of the bill appropriately.