What This Bill Does
This bill reduces how often students in grades 3 through 12 take standardized tests. States can now test students once during grades 3-5, once during grades 6-9, and once during grades 10-12 instead of testing every year. The bill also creates a group to study testing practices and recommends that states use different types of assessments beyond just standardized tests.
##
Who It Affects
- Students in grades 3 through 12
- Public elementary and secondary schools
- States that receive federal education funding
- Teachers and school administrators
- School districts and local educational agencies
- The U.S. Department of Education
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Key Provisions
- States can use "combination testing," "grade-span testing," or "representative sampling" methods to test students no more than once in grades 3-8 and at least once in grades 9-12 in math, reading/language arts, and science (Sec. 4(b))
- A taskforce will study the effects of standardized testing on student wellness and learning, identify barriers to innovative assessment systems, and recommend solutions within 2 years (Sec. 6(b)(e))
- States must hold a 90-day public comment period inviting teachers, parents, principals, and community members before deciding which grades receive assessments and preparing students for them (Sec. 5)
- States cannot use standardized test scores as the sole or dominant factor when deciding whether to hold back students, awarding diplomas, or evaluating teachers and administrators (Sec. 9)
- States cannot create school rating systems based exclusively on test scores or graduation rates (Sec. 9)
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What Changes
If this bill becomes law, states currently required to test all students annually in grades 3-12 would instead test students fewer times. Schools would have more classroom time for other learning activities. States would need to involve the public in decisions about which grades get tested. Test scores could no longer be the main reason to hold a student back a grade or deny a high school diploma. School ratings could not be based only on test performance.
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Important Definitions
- **Combination testing**: Testing system using either representative sampling or matrix sampling (testing different groups of students different questions) (Sec. 4(a))
- **Grade-span testing**: Testing system where states give the same tests once during grades 3-5, once during grades 6-9, and once during grades 10-12 (Sec. 4(a))
- **Matrix sampling**: A method where states divide test questions into equal groups and divide students into equal groups (with each group reflecting the school's student makeup), then give different question groups to different student groups (Sec. 4(a))
- **Representative sampling**: Testing a sample of students from selected schools so results show what students know statewide and in selected schools (Sec. 4(a))
- **Summative assessment**: A test that measures overall student learning at the end of a unit or school year (Sec. 2)
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Effective Date
Not specified in bill text
I
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.
VELA´ZQUEZ, 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) intro-
duced the following bill; which was referred to the Committee on Edu-
cation 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘More Teaching Less
4
Testing Act of 2023’’.
5
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•HR 1741 IH
SEC. 2. FINDINGS.
1
Congress finds the following:
2
(1) An overwhelming body of research evidence
3
demonstrates that—
4
(A) standardized testing scores are highly
5
correlated with the socioeconomic status of a
6
student; and
7
(B) test-based accountability has not im-
8
proved equity in public schools.
9
(2) According to the National Education Asso-
10
ciation, there is a nationwide shortage of 300,000
11
teachers and school staff.
12
(3) According to the 2022 report of the Amer-
13
ican Federation of Teachers Teacher and School
14
Staff Shortage Task Force titled ‘‘Here Today,
15
Gone Tomorrow?’’, reducing the frequency of stand-
16
ardized testing and empowering teachers to use au-
17
thentic assessments that measure what students
18
know and can do is a critical component to address-
19
ing the nationwide teacher shortage.
20
(4) Research published by the National Acad-
21
emies Press shows that summative assessments are
22
appropriate for curriculum and in-school account-
23
ability but are not appropriate when used as a domi-
24
nant factor in making high-stakes decisions and can
25
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•HR 1741 IH
undermine the quality of education and equality of
1
opportunity.
2
(5) The peer-reviewed Research in Middle Level
3
Education Journal published a study in 2017 show-
4
ing that State standardized test results are strongly
5
influenced by non-school factors and that standard-
6
ized test results cannot capture the complexities of
7
the influence of middle level administrators may
8
have on the lives of students. Nevertheless, the use
9
of State standardized test results drove school ad-
10
ministrator evaluations in more than 40 States.
11
(6) More than 1,185 accredited, four-year col-
12
leges and universities removed ACT and SAT test
13
score requirements for prospective applicants for the
14
Fall 2022 semester.
15
(7) According to a sum of mean science, read-
16
ing, and mathematics scores from the OECD Pro-
17
gramme for International Student Assessment (in
18
this Act referred to as ‘‘PISA’’) results for 2018,
19
the United States ranked 22nd out of participating
20
countries. In mathematics, the United States ranked
21
36th out of the 79 participating countries and re-
22
gions, which was below the international average.
23
Throughout the high-stakes accountability era,
24
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•HR 1741 IH
standardized test scores in the United States have
1
remained flat.
2
(8) Even before the COVID–19 pandemic
3
began, progress had stalled on the main measure of
4
academic well-being in the United States, the Na-
5
tional Assessment of Educational Progress (in this
6
Act referred to as ‘‘NAEP’’). According to the 2019
7
NAEP, the average performance of American
8
fourth-and eighth-graders in math and reading has
9
declined since the 2017 NAEP.
10
(9) According to the National Center for Edu-
11
cation Statistics, students demonstrating the lowest
12
performance in reading have made no progress since
13
the first NAEP was conducted almost 30 years ago.
14
(10) According to the 2015 survey from the
15
Council of the Great City Schools titled ‘‘Student
16
Testing in America’s Great City Schools: An Inven-
17
tory and Preliminary Analysis’’, there is no correla-
18
tion between the amount of mandated testing time
19
and the reading and mathematics scores in grades
20
four and eight on the NAEP.
21
(11) In the same survey from the Council of the
22
Great City Schools, 39 percent of school districts re-
23
ported having to wait between two and four months
24
before final State test results were available at the
25
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•HR 1741 IH
school level, minimizing the utility of these tests for
1
instructional purposes.
2
(12) In 2015, a typical American student took
3
112 mandated standardized tests across the length
4
of their elementary and secondary education years,
5
including both federally mandated summative assess-
6
ments and non-federally mandated summative as-
7
sessments. Countries that outperform the United
8
States on the PISA only test their students three
9
times throughout the kindergarten through twelfth-
10
grade years.
11
(13) Research has shown that current testing
12
volumes narrow curriculum to the tested topics, par-
13
ticularly when exams are high stakes. Other impor-
14
tant subjects, such as art, music, finance, foreign
15
languages, social studies, civics, and physical edu-
16
cation are downplayed or ignored.
17
(14) Studies show that standardized testing
18
leads to the narrowing of instruction and classroom
19
curriculum even within assessed subjects.
20
(15) The negative impact of standardized test-
21
ing extends to students, their families, and the eco-
22
nomic well-being of their communities. The mass
23
availability of school ratings based on standardized
24
test scores has accelerated divergence in housing val-
25
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•HR 1741 IH
ues, income distributions, and education levels as
1
well as the racial and ethnic composition across com-
2
munities.
3
(16) African Americans, especially boys, are
4
disproportionately placed or misplaced in special
5
education, frequently based on standardized test re-
6
sults.
7
(17) A reduction in the administration of and
8
preparation for mandated summative assessments
9
would afford more time and resources for other
10
learning opportunities that—
11
(A) incorporate a diverse array of high-
12
quality assessment methods, including formative
13
assessments embedded within instruction, per-
14
formance-based assessment, and methods to as-
15
sess
understanding
and
skill
development
16
through project-based learning; and
17
(B) promote deeper learning, positive cog-
18
nitive development, and the skills needed for the
19
21st century workforce.
20
SEC. 3. SENSE OF CONGRESS RELATING TO APPROPRIATE
21
USES OF SUMMATIVE ASSESSMENTS.
22
It is the sense of Congress that—
23
(1) to support a love of learning that fosters
24
joy, curiosity, creativity, rigor, collaborative problem
25
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•HR 1741 IH
solving, and the development of 21st century skills,
1
public elementary and secondary schools need more
2
capacity and resources for meaningful educational
3
experiences;
4
(2) the requirement for States to administer
5
annual standardized tests to receive Federal funds
6
under title I of the Elementary and Secondary Edu-
7
cation Act of 1965 limits classroom instruction, pro-
8
motes memorization over critical thinking, and
9
prioritizes multiple choice tests over balanced assess-
10
ment systems using multiple measures that promote
11
high-quality teaching and learning;
12
(3) a robust body of research demonstrates that
13
the overuse of standardized testing takes a negative
14
toll on students, teachers, and the classroom envi-
15
ronment;
16
(4) States should be supported in developing
17
and implementing innovative, evidence-based, and
18
standards-based assessment systems that support
19
high-quality teaching and learning and the ability to
20
meaningfully measure performance rather than
21
using commercial assessment products that are lim-
22
ited to demonstrating proficiency to a standardized
23
test; and
24
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•HR 1741 IH
(5) State assessment and accountability sys-
1
tems should—
2
(A) focus on, not hinder, critical thinking;
3
(B) reflect principles of reciprocity, such
4
that identified needs and areas for growth re-
5
sult in the allocation of both resources and ca-
6
pacity building opportunities to support im-
7
provement; and
8
(C) promote equitable opportunities for
9
high-quality teaching and deep learning on a
10
range of academic, socioemotional, and 21st
11
century skills.
12
SEC. 4. DECREASING STANDARDIZED TESTING FREQUENCY
13
FOR STUDENTS IN GRADES 3 THROUGH 12.
14
(a) EXPANSION OF STATE EDUCATIONAL ASSESS-
15
MENT OPTIONS.—Section 8101 of the Elementary and
16
Secondary Education Act of 1965 (20 U.S.C. 7801) is
17
amended by adding at the end the following:
18
‘‘(53) COMBINATION TESTING.—The term ‘com-
19
bination testing’ means an educational assessment
20
system in which a State administers grade-span test-
21
ing using—
22
‘‘(A) representative sampling; or
23
‘‘(B) matrix sampling.
24
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•HR 1741 IH
‘‘(54)
GRADE-SPAN
TESTING.—The
term
1
‘grade-span testing’ means an educational assess-
2
ment system in which a State administers each of
3
the assessments described in section 1111(b)(2)(A)
4
once during—
5
‘‘(A) grades 3 through 5;
6
‘‘(B) grades 6 through 9; and
7
‘‘(C) grades 10 through 12.
8
‘‘(55) MATRIX
SAMPLING.—The term ‘matrix
9
sampling’ means an educational assessment adminis-
10
tration method in which a State—
11
‘‘(A) divides the total number of questions
12
on an educational assessment into groups that
13
are comprised of an equal number of questions;
14
‘‘(B) divides the students enrolled at an el-
15
ementary or secondary school who will receive
16
such educational assessment into groups that
17
are comprised of—
18
‘‘(i) an equal number of students; and
19
‘‘(ii) with respect to each subgroup of
20
students
(described
in
section
21
1111(b)(2)(B)(xi)), a number of students
22
belonging to such subgroup that is equal to
23
the proportion of—
24
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•HR 1741 IH
‘‘(I) the total number of students
1
enrolled at such school belonging to
2
such subgroup; to
3
‘‘(II) the total number of stu-
4
dents enrolled at such school; and
5
‘‘(C) administers such groups of questions
6
to such groups of students in a manner deter-
7
mined by the Secretary to be appropriate.
8
‘‘(56) REPRESENTATIVE SAMPLING.—
9
‘‘(A) IN GENERAL.—The term ‘representa-
10
tive sampling’ means an educational assessment
11
administration method in which a State—
12
‘‘(i) administers, in accordance with
13
subparagraph (B), math, reading or lan-
14
guage arts, and science assessments to a
15
representative sample of students from a
16
sample of public elementary and secondary
17
schools in the State; and
18
‘‘(ii) is able to draw from such sam-
19
pling valid and reliable inferences about
20
the performance of students—
21
‘‘(I) in the State and in local
22
educational agencies served by the
23
State; and
24
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•HR 1741 IH
‘‘(II) in the elementary and sec-
1
ondary schools selected for such sam-
2
pling.
3
‘‘(B) SAMPLE
REQUIREMENTS.—A State
4
shall ensure that—
5
‘‘(i) each assessment described in sub-
6
paragraph (A)(i) is administered to a dif-
7
ferent representative sample of students;
8
and
9
‘‘(ii) the composition of each such rep-
10
resentative sample of students enables re-
11
sults to be disaggregated in accordance
12
with section 1111(b)(2)(B)(xi).’’.
13
(b) STATE DISCRETION CONCERNING
THE FRE-
14
QUENCY
OF
STANDARDIZED
TESTING.—Section
15
1111(b)(2)(B) of the Elementary and Secondary Edu-
16
cation Act of 1965 (20 U.S.C. 6311(b)(2)(B)) is amend-
17
ed—
18
(1) in clause (i)(II)—
19
(A) by inserting ‘‘, in accordance with
20
clause (v),’’ after ‘‘administered’’; and
21
(B) by striking ‘‘all’’;
22
(2) in clause (v)—
23
(A) by amending subclause (I) to read as
24
follows:
25
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•HR 1741 IH
‘‘(I) in the case of mathematics, read-
1
ing or language arts, and science, be ad-
2
ministered using—
3
‘‘(aa) combination testing;
4
‘‘(bb) grade-span testing; or
5
‘‘(cc) representative sampling—
6
‘‘(AA) not more than once
7
in each of grades 3 through 8;
8
and
9
‘‘(BB) at least once in
10
grades 9 through 12; and’’;
11
(B) by striking subclause (II); and
12
(C) by redesignating subclause (III) as
13
subclause (II); and
14
(3) in clause (vii)(I), by inserting ‘‘, as applica-
15
ble’’ after ‘‘students’’.
16
(c) STATEWIDE ACCOUNTABILITY SYSTEM.—Section
17
1111(c)(4) of the Elementary and Secondary Education
18
Act of 1965 (20 U.S.C. 6311(c)(4)) is amended—
19
(1) in subparagraph (A)(i)(I)(aa), by striking
20
‘‘annual’’; and
21
(2) in subclauses (I) and (II) of subparagraph
22
(B)(i), by striking ‘‘annual’’ in each place it appears.
23
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•HR 1741 IH
SEC. 5. PUBLIC COMMENT PERIOD REGARDING THE AD-
1
MIN
[Text truncated for display. Full text available on Congress.gov.]