More Teaching Less Testing Act of 2023
This bill reauthorizes certain programs and revises standardized testing requirements for public elementary and secondary schools.
Specifically, the bill removes the requirement for annual summative assessments to be administered to students every year in grades 3-8. The bill allows states to implement grade-span testing, representative sampling, or a combination of grade-span testing with either representative sampling or matrix sampling.
Additionally, the bill requires states to carry out a 90-day public comment period in order to set a target limit on the aggregate amount of time devoted to the administration of and preparation for assessments for each grade.
The bill establishes a task force within the National Center for Education Research to study and report on, among other things, the impact of standardized testing on student wellness, learning, and postsecondary education success.
The bill extends the demonstration period for state educational agencies (SEAs) to establish innovative assessment systems. It also increases the number of SEAs that may participate in these demonstrations.
Next, the bill authorizes for an additional 10 years a grant program that provides aid to local educational agencies for the education of disadvantaged children.
The bill also prohibits states from using federal elementary and secondary education funds for certain purposes, such as considering summative assessments as a sole or dominant factor when implementing grade-retention policies or evaluating the performance of teachers.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1741 Introduced in House (IH)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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