[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1741 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1741

To amend the Elementary and Secondary Education Act of 1965 to decrease 
the frequency of standardized tests administered to students in grades 
                 3 through 12, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 2023

Mr. Bowman (for himself, Ms. Wilson of Florida, Ms. Ocasio-Cortez, Ms. 
     Brown, Mr. Espaillat, Mrs. Ramirez, Mr. Casar, Mr. Payne, Ms. 
   Velazquez, Ms. Jayapal, Mrs. Cherfilus-McCormick, Ms. Tlaib, Ms. 
    Jackson Lee, Ms. Norton, Ms. Pressley, Ms. Crockett, Ms. Lee of 
 Pennsylvania, Ms. Williams of Georgia, and Mr. Frost) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to decrease 
the frequency of standardized tests administered to students in grades 
                 3 through 12, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``More Teaching Less Testing Act of 
2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) An overwhelming body of research evidence demonstrates 
        that--
                    (A) standardized testing scores are highly 
                correlated with the socioeconomic status of a student; 
                and
                    (B) test-based accountability has not improved 
                equity in public schools.
            (2) According to the National Education Association, there 
        is a nationwide shortage of 300,000 teachers and school staff.
            (3) According to the 2022 report of the American Federation 
        of Teachers Teacher and School Staff Shortage Task Force titled 
        ``Here Today, Gone Tomorrow?'', reducing the frequency of 
        standardized testing and empowering teachers to use authentic 
        assessments that measure what students know and can do is a 
        critical component to addressing the nationwide teacher 
        shortage.
            (4) Research published by the National Academies Press 
        shows that summative assessments are appropriate for curriculum 
        and in-school accountability but are not appropriate when used 
        as a dominant factor in making high-stakes decisions and can 
        undermine the quality of education and equality of opportunity.
            (5) The peer-reviewed Research in Middle Level Education 
        Journal published a study in 2017 showing that State 
        standardized test results are strongly influenced by non-school 
        factors and that standardized test results cannot capture the 
        complexities of the influence of middle level administrators 
        may have on the lives of students. Nevertheless, the use of 
        State standardized test results drove school administrator 
        evaluations in more than 40 States.
            (6) More than 1,185 accredited, four-year colleges and 
        universities removed ACT and SAT test score requirements for 
        prospective applicants for the Fall 2022 semester.
            (7) According to a sum of mean science, reading, and 
        mathematics scores from the OECD Programme for International 
        Student Assessment (in this Act referred to as ``PISA'') 
        results for 2018, the United States ranked 22nd out of 
        participating countries. In mathematics, the United States 
        ranked 36th out of the 79 participating countries and regions, 
        which was below the international average. Throughout the high-
        stakes accountability era, standardized test scores in the 
        United States have remained flat.
            (8) Even before the COVID-19 pandemic began, progress had 
        stalled on the main measure of academic well-being in the 
        United States, the National Assessment of Educational Progress 
        (in this Act referred to as ``NAEP''). According to the 2019 
        NAEP, the average performance of American fourth-and eighth-
        graders in math and reading has declined since the 2017 NAEP.
            (9) According to the National Center for Education 
        Statistics, students demonstrating the lowest performance in 
        reading have made no progress since the first NAEP was 
        conducted almost 30 years ago.
            (10) According to the 2015 survey from the Council of the 
        Great City Schools titled ``Student Testing in America's Great 
        City Schools: An Inventory and Preliminary Analysis'', there is 
        no correlation between the amount of mandated testing time and 
        the reading and mathematics scores in grades four and eight on 
        the NAEP.
            (11) In the same survey from the Council of the Great City 
        Schools, 39 percent of school districts reported having to wait 
        between two and four months before final State test results 
        were available at the school level, minimizing the utility of 
        these tests for instructional purposes.
            (12) In 2015, a typical American student took 112 mandated 
        standardized tests across the length of their elementary and 
        secondary education years, including both federally mandated 
        summative assessments and non-federally mandated summative 
        assessments. Countries that outperform the United States on the 
        PISA only test their students three times throughout the 
        kindergarten through twelfth-grade years.
            (13) Research has shown that current testing volumes narrow 
        curriculum to the tested topics, particularly when exams are 
        high stakes. Other important subjects, such as art, music, 
        finance, foreign languages, social studies, civics, and 
        physical education are downplayed or ignored.
            (14) Studies show that standardized testing leads to the 
        narrowing of instruction and classroom curriculum even within 
        assessed subjects.
            (15) The negative impact of standardized testing extends to 
        students, their families, and the economic well-being of their 
        communities. The mass availability of school ratings based on 
        standardized test scores has accelerated divergence in housing 
        values, income distributions, and education levels as well as 
        the racial and ethnic composition across communities.
            (16) African Americans, especially boys, are 
        disproportionately placed or misplaced in special education, 
        frequently based on standardized test results.
            (17) A reduction in the administration of and preparation 
        for mandated summative assessments would afford more time and 
        resources for other learning opportunities that--
                    (A) incorporate a diverse array of high-quality 
                assessment methods, including formative assessments 
                embedded within instruction, performance-based 
                assessment, and methods to assess understanding and 
                skill development through project-based learning; and
                    (B) promote deeper learning, positive cognitive 
                development, and the skills needed for the 21st century 
                workforce.

SEC. 3. SENSE OF CONGRESS RELATING TO APPROPRIATE USES OF SUMMATIVE 
              ASSESSMENTS.

    It is the sense of Congress that--
            (1) to support a love of learning that fosters joy, 
        curiosity, creativity, rigor, collaborative problem solving, 
        and the development of 21st century skills, public elementary 
        and secondary schools need more capacity and resources for 
        meaningful educational experiences;
            (2) the requirement for States to administer annual 
        standardized tests to receive Federal funds under title I of 
        the Elementary and Secondary Education Act of 1965 limits 
        classroom instruction, promotes memorization over critical 
        thinking, and prioritizes multiple choice tests over balanced 
        assessment systems using multiple measures that promote high-
        quality teaching and learning;
            (3) a robust body of research demonstrates that the overuse 
        of standardized testing takes a negative toll on students, 
        teachers, and the classroom environment;
            (4) States should be supported in developing and 
        implementing innovative, evidence-based, and standards-based 
        assessment systems that support high-quality teaching and 
        learning and the ability to meaningfully measure performance 
        rather than using commercial assessment products that are 
        limited to demonstrating proficiency to a standardized test; 
        and
            (5) State assessment and accountability systems should--
                    (A) focus on, not hinder, critical thinking;
                    (B) reflect principles of reciprocity, such that 
                identified needs and areas for growth result in the 
                allocation of both resources and capacity building 
                opportunities to support improvement; and
                    (C) promote equitable opportunities for high-
                quality teaching and deep learning on a range of 
                academic, socioemotional, and 21st century skills.

SEC. 4. DECREASING STANDARDIZED TESTING FREQUENCY FOR STUDENTS IN 
              GRADES 3 THROUGH 12.

    (a) Expansion of State Educational Assessment Options.--Section 
8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7801) is amended by adding at the end the following:
            ``(53) Combination testing.--The term `combination testing' 
        means an educational assessment system in which a State 
        administers grade-span testing using--
                    ``(A) representative sampling; or
                    ``(B) matrix sampling.
            ``(54) Grade-span testing.--The term `grade-span testing' 
        means an educational assessment system in which a State 
        administers each of the assessments described in section 
        1111(b)(2)(A) once during--
                    ``(A) grades 3 through 5;
                    ``(B) grades 6 through 9; and
                    ``(C) grades 10 through 12.
            ``(55) Matrix sampling.--The term `matrix sampling' means 
        an educational assessment administration method in which a 
        State--
                    ``(A) divides the total number of questions on an 
                educational assessment into groups that are comprised 
                of an equal number of questions;
                    ``(B) divides the students enrolled at an 
                elementary or secondary school who will receive such 
                educational assessment into groups that are comprised 
                of--
                            ``(i) an equal number of students; and
                            ``(ii) with respect to each subgroup of 
                        students (described in section 
                        1111(b)(2)(B)(xi)), a number of students 
                        belonging to such subgroup that is equal to the 
                        proportion of--
                                    ``(I) the total number of students 
                                enrolled at such school belonging to 
                                such subgroup; to
                                    ``(II) the total number of students 
                                enrolled at such school; and
                    ``(C) administers such groups of questions to such 
                groups of students in a manner determined by the 
                Secretary to be appropriate.
            ``(56) Representative sampling.--
                    ``(A) In general.--The term `representative 
                sampling' means an educational assessment 
                administration method in which a State--
                            ``(i) administers, in accordance with 
                        subparagraph (B), math, reading or language 
                        arts, and science assessments to a 
                        representative sample of students from a sample 
                        of public elementary and secondary schools in 
                        the State; and
                            ``(ii) is able to draw from such sampling 
                        valid and reliable inferences about the 
                        performance of students--
                                    ``(I) in the State and in local 
                                educational agencies served by the 
                                State; and
                                    ``(II) in the elementary and 
                                secondary schools selected for such 
                                sampling.
                    ``(B) Sample requirements.--A State shall ensure 
                that--
                            ``(i) each assessment described in 
                        subparagraph (A)(i) is administered to a 
                        different representative sample of students; 
                        and
                            ``(ii) the composition of each such 
                        representative sample of students enables 
                        results to be disaggregated in accordance with 
                        section 1111(b)(2)(B)(xi).''.
    (b) State Discretion Concerning the Frequency of Standardized 
Testing.--Section 1111(b)(2)(B) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)) is amended--
            (1) in clause (i)(II)--
                    (A) by inserting ``, in accordance with clause 
                (v),'' after ``administered''; and
                    (B) by striking ``all'';
            (2) in clause (v)--
                    (A) by amending subclause (I) to read as follows:
                            ``(I) in the case of mathematics, reading 
                        or language arts, and science, be administered 
                        using--
                                    ``(aa) combination testing;
                                    ``(bb) grade-span testing; or
                                    ``(cc) representative sampling--
                                            ``(AA) not more than once 
                                        in each of grades 3 through 8; 
                                        and
                                            ``(BB) at least once in 
                                        grades 9 through 12; and'';
                    (B) by striking subclause (II); and
                    (C) by redesignating subclause (III) as subclause 
                (II); and
            (3) in clause (vii)(I), by inserting ``, as applicable'' 
        after ``students''.
    (c) Statewide Accountability System.--Section 1111(c)(4) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(4)) 
is amended--
            (1) in subparagraph (A)(i)(I)(aa), by striking ``annual''; 
        and
            (2) in subclauses (I) and (II) of subparagraph (B)(i), by 
        striking ``annual'' in each place it appears.

SEC. 5. PUBLIC COMMENT PERIOD REGARDING THE ADMINISTRATION OF 
              ASSESSMENTS FOR EACH GRADE.

    Section 1111(b)(2)(L) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311(b)(2)(L)) is amended--
            (1) by striking ``at the sole discretion of such State'' 
        and inserting ``following a 90-day public comment period 
        inviting input from a broad community of local stakeholders, 
        including educators, principals, other school leaders, parents, 
        and primary caregivers''; and
            (2) by inserting ``, and preparation for,'' after 
        ``administration of''.

SEC. 6. ESTABLISHING A TASKFORCE TO EVALUATE TESTING PRACTICES AND TO 
              PROMOTE QUALITY TEACHING.

    (a) Establishment.--There is established a taskforce within the 
National Center for Education Research to be known as the ``Taskforce 
to Evaluate Testing Practices and Promote Quality Teaching'' (in this 
section referred to as the ``Taskforce'').
    (b) Duties.-- The duties of the Taskforce shall be to--
            (1) identify--
                    (A) the effect standardized test practices have on 
                student wellness, learning, and postsecondary education 
                success;
                    (B) opportunities to promote in elementary and 
                secondary schools performance-based assessment systems 
                that are developmentally appropriate, promote 
                experiential and project-based learning, and build 
                technological literacy skills;
                    (C) potential metrics of educational quality and 
                equity that do not rely on standardized assessments, 
                including opportunity-to-learn data; and
                    (D) barriers that prevent elementary and secondary 
                schools from establishing innovative assessment 
                systems; and
            (2) make recommendations to address such barriers.
    (c) Membership.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commissioner for Education 
        Research shall appoint to the Taskforce not fewer than 5, and 
        not more than 10, members.
            (2) Inclusion of educational assessment experts.--At least 
        1 member shall be an individual with expertise in education 
        assessment systems, including performance-based assessments.
            (3) Terms.--Each member shall be appointed for a term of 2 
        years.
            (4) Basic pay.--Members shall each be paid at a rate equal 
        to the rate of basic pay for level IV of the Executive 
        Schedule.
            (5) Vacancies.--A vacancy in the Taskforce shall be filled 
        by an appointment of a new member by the Director (as described 
        in subsection (d)) in consultation with--
                    (A) public elementary school teachers;
                    (B) public secondary school teachers;
                    (C) public school leaders; and
                    (D) individuals representing organizations with 
                expertise in education policy.
    (d) Director of Taskforce.--The Taskforce shall have a Director who 
shall be appointed by the Commissioner, in consultation with--
            (1) public elementary school teachers;
            (2) public secondary school teachers;
            (3) public school leaders;
            (4) school-based mental health services providers; and
            (5) individuals representing organizations with expertise 
        in education policy.
    (e) Report Required.--Not later than 2 years after the date on 
which the Commissioner completes all appointments to the Taskforce 
required under subsection (c)(1), the Taskforce shall submit to the 
appropriate congressional committees a report that includes--
            (1) a review, disaggregated by each State, of assessments 
        administered to students in kindergarten through grade 12 that 
        includes--
                    (A) a description of each summative assessment the 
                State used, including assessments developed pursuant to 
                the innovative assessment demonstration authority under 
                section 1204 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6364);
                    (B) an estimation of the cost of administering each 
                such assessment;
                    (C) an estimation, for each grade, of the test 
                administration time allocated each academic year for 
                such assessments;
                    (D) an estimation, for each grade, of the classroom 
                instructional time lost each academic year while 
                preparing students for each such assessment; and
                    (E) a description of how each State is using data 
                from such assessments, including whether such data is 
                used for punitive purposes;
            (2) an accounting of Federal, State, and local funds paid 
        to for-profit entities for the purpose of designing, 
        developing, administering, and scoring summative assessments;
            (3) a study of the interaction between statewide summative 
        assessment and accountability systems, as implemented as of the 
        date of the beginning of the report required under this 
        subsection, and the quality of teaching and learning, 
        including--
                    (A) the extent to which statewide summative 
                assessments are aligned to 21st century skill 
                development;
                    (B) the extent to which such assessment and 
                accountability systems lead to a narrowing of 
                curriculum; and
                    (C) the impact of such assessment and 
                accountability systems on the quality of instruction 
                and opportunities for deeper learning across a variety 
                of subjects and skills;
            (4) a description of barriers that prevent schools from 
        establishing and implementing innovative assessment systems 
        that promote performance-based assessment;
            (5) recommendations to overcome such barriers; and
            (6) recommendations for innovative assessment systems 
        that--
                    (A) are created in partnership with teachers and 
                other educators;
                    (B) empower teachers;
                    (C) reduce elementary and secondary school reliance 
                upon summative assessment tools from for-profit third-
                party vendors; and
                    (D) create a framework for designing a balanced 
                assessment system that supports equitable opportunities 
                for learning and centers students' needs.
    (f) Expiration of Taskforce.--The Taskforce shall expire on the 
date that is 30 days after the date of the submission of the report 
required under subsection (d).
    (g) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committees on Appropriations of the Senate 
                and House of Representatives;
                    (B) the Committee on Health, Education, Labor, and 
                Pensions of the Senate; and
                    (C) the Committee on Education and the Workforce of 
                the House of Representatives.
            (2) ESEA terms.--
                    (A) The terms ``elementary school'', ``school 
                leader'', ``secondary school'', and ``State'' have the 
                meanings given such terms in section 8101 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801).
                    (B) The term ``innovative assessment system'' has 
                the meaning given such term in section 1204(a) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6364(a)).
                    (C) The term ``school-based mental health services 
                provider'' has the meaning given such term in section 
                4102 of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7112).

SEC. 7. EXPANSION OF INNOVATIVE ASSESSMENT DEMONSTRATION AUTHORITY.

    (a) Expansion of Authority.--Section 1204 of the Elementary and 
Secondary Education Act of 1965 is amended--
            (1) in subsection (a)(1), by striking ``an annual'' and 
        inserting ``a'';
            (2) in subsection (b)--
                    (A) in paragraph (2), by striking ``5 years'' and 
                inserting ``7 years''; and
                    (B) in paragraph (3)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``3 years'' and inserting ``5 
                        years''; and
                            (ii) in subparagraph (A), by striking ``a 
                        total number of not more than 7 participating 
                        State educational agencies'' and inserting ``a 
                        total number of not fewer than 20 participating 
                        State educational agencies'';
            (3) in subsection (e)(2)(A)--
                    (A) in clause (x)--
                            (i) by striking ``an annual,'' and 
                        inserting ``a'';
                            (ii) by inserting ``assessed in a given 
                        subject in a given year'' after ``each 
                        individual student''; and
                            (iii) by striking ``and'' at the end;
                    (B) in clause (xi)(II), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(xii) be of equal or greater rigor to the 
                        State assessments under section 1111(b)(2).'';
            (4) in subsection (f)(1)(B)(i), by striking ``comparable to 
        the State assessments'' and inserting ``determined by the 
        Secretary to be of equal or greater rigor to the State 
        assessments'';
            (5) in subsection (i)(3), by striking ``comparable to 
        measures of academic achievement'' and inserting ``determined 
        by the Secretary to be of equal or greater rigor to measures of 
        academic achievement''; and
            (6) in subsection (m)(1)(A)(ii), by striking ``comparable 
        with statewide assessments'' and inserting ``determined by the 
        Secretary to be of equal or greater rigor to statewide 
        assessments''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Education $100,000,000 for the fiscal 
year in which the date of the enactment of this Act occurs, and for 
each of the 4 succeeding fiscal years, to carry out section 1204 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6364).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR LOCAL EDUCATIONAL AGENCY 
              GRANTS.

    Section 1002(a) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6302(a)) is amended to read as follows:
    ``(a) Local Educational Agency Grants.--There are authorized to be 
appropriated $66,000,000,000 for the fiscal year in which the date of 
the enactment of the More Teaching Less Testing Act of 2023 occurs, and 
for each of the 9 succeeding fiscal years, to carry out the activities 
described in part A.''.

SEC. 9. PROHIBITION ON USE OF ESEA FUNDS FOR CERTAIN PURPOSES.

    A State receiving funds under the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.) may not--
            (1) consider the summative assessments required under 
        section 1111(b)(2) of such Act as a sole or dominant factor 
        when--
                    (A) implementing grade-retention policies;
                    (B) awarding a student a high school diploma; or
                    (C) evaluating the performance of teachers or 
                administrators;
            (2) establish a rating system for elementary schools or 
        local educational agencies that serve such elementary schools 
        based exclusively on the summative assessment scores of 
        students who attend such elementary schools; or
            (3) establish a rating system for secondary schools or 
        local educational agencies that serve such secondary schools 
        based exclusively on--
                    (A) the summative assessment scores of students 
                that attend such secondary schools; or
                    (B) the graduation rates of students that attend 
                such secondary schools.
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