TEST Act of 2014

Summary: Tackling Excessive Standardized Testing Act of 2014 or the TEST Act of 2014 - Amends the Elementary and Secondary Education Act of 1965 to alter the frequency with which students must take the tests used in determining whether they are making adequate yearly progress (AYP) toward state academic achievement standards in mathematics and reading or language arts. (Currently, students must take those tests in each of grades 3 through 8.) Authorizes a public school to administer the academic assessments in mathematics: (1) in each of grades 4, 6, and 8; or (2) in each of grades 4 and 8 if the school is at the 15th percentile or above for mathematics in the state or its students are making appropriate progress, as determined by the Secretary of Education, toward state mathematics achievement standards. Authorizes a public school to administer the academic assessments in reading or language arts: (1) in each of grades 3, 5, and 7; or (2) in each of grades 3 and 7 if the school is at the 15th percentile or above for reading or language arts or its students are making appropriate progress toward state reading or language arts achievement standards. Excludes limited English proficient students who are in their first 12 months of enrollment in a public school from the determination as to whether students are making AYP toward state academic achievement standards. Prohibits the Secretary from waiving the application of any of this Act's provisions.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tackling Excessive Standardized 
Testing Act of 2014'' or the ``TEST Act of 2014''.

SEC. 2. ESEA AMENDMENTS.

    (a) Academic Assessments.--Section 1111(b)(3)(C) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is 
amended--
            (1) in clause (v)(I), by striking ``clause vii'' and 
        inserting ``clause (vii) and as otherwise provided under clause 
        (xvi)'';
            (2) in clause (vii), by inserting ``except as otherwise 
        provided under clause (xvi),'' before ``beginning'';
            (3) by striking ``and'' at the end of clause (xiv);
            (4) by striking the period at the end of clause (xv); and
            (5) by adding at the end the following new clause:
                            ``(xvi) beginning with the first full 
                        school year after the date of enactment of the 
                        TEST Act of 2014, in lieu of the requirements 
                        of clause (vii)--
                                    ``(I) authorize any public 
                                elementary school or public secondary 
                                school to administer the academic 
                                assessments in mathematics required 
                                under clause (vii) in each of grades 4, 
                                6, and 8;
                                    ``(II) authorize any public 
                                elementary school or public secondary 
                                school to administer the academic 
                                assessments in reading or language arts 
                                required under clause (vii) in each of 
                                grades 3, 5, and 7;
                                    ``(III) authorize a public 
                                elementary schools or public secondary 
                                school at the 15th percentile or above 
                                for mathematics in the State (based on 
                                the achievement of students for the 
                                preceding school year in each of grades 
                                4, 6, and 8 on the academics 
                                assessments in mathematics required 
                                under clause (vii)), to, for the school 
                                year following the administration of 
                                such assessments, administer the 
                                academic assessments in mathematics 
                                required under clause (vii) in each of 
                                grades 4 and 8;
                                    ``(IV) authorize a public 
                                elementary school or public secondary 
                                school at the 15th percentile or above 
                                for reading or language arts in the 
                                State (based on the achievement of 
                                students for the preceding school year 
                                in each of grades 3, 5, and 7 on the 
                                academics assessments in reading or 
                                language arts required under clause 
                                (vii)), to, for the school year 
                                following the administration of such 
                                assessments, administer the academic 
                                assessments in reading or language arts 
                                required under clause (vii) in each of 
                                grades 3 and 7;
                                    ``(V) authorize a public elementary 
                                school or public secondary school whose 
                                students do not meet the academic 
                                achievement requirements of subclause 
                                (III) of this clause, but which has 
                                demonstrated such level of progress 
                                with respect to the achievement of 
                                students on academic assessments in 
                                mathematics required under clause 
                                (vii), as determined appropriate by the 
                                Secretary to be authorized to 
                                administer assessments in mathematics 
                                in accordance with subclause (III) of 
                                this clause, to administer such 
                                assessments in mathematics in 
                                accordance with such subclause (III); 
                                and
                                    ``(VI) authorize a public 
                                elementary school or public secondary 
                                school whose students do not meet the 
                                academic achievement requirements of 
                                subclause (IV) of this clause, but 
                                which has demonstrated such level of 
                                progress with respect to the 
                                achievement of students on academic 
                                assessments in reading or language arts 
                                required under clause (vii), as 
                                determined appropriate by the Secretary 
                                to be authorized to administer 
                                assessments in reading or language arts 
                                in accordance with subclause (IV) of 
                                this clause, to administer such 
                                assessments in reading or language arts 
                                in accordance with such subclause 
                                (IV).''.
    (b) Limited English Proficient Students.--Section 1111(b)(2)(C)(v) 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(2)(C)(v)) is amended in the matter following item (dd), by 
inserting before the semicolon the following: ``and that the 
achievement of a student with limited English proficiency shall not be 
considered for purposes of such definition for the first 12 months that 
the student is enrolled in a public elementary school or public 
secondary school''.
    (c) Application to Waivers.--Section 9401 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7861) is amended--
            (1) in subsection (c)--
                    (A) by striking ``or'' at the end of paragraph 
                (9)(C);
                    (B) by striking the period at the end of paragraph 
                (10) and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(11) the requirement under section 1111(b)(2)(C)(v) that 
        a student with limited English proficiency be excluded from the 
        definition of adequate yearly progress for the first 12 months 
        that the student is enrolled in a public elementary school or 
        public secondary school.''; and
            (2) by adding at the end the following new subsection:
    ``(h) Options for Certain Academic Assessments.--A waiver awarded 
under this section shall not prohibit a State educational agency from 
administering academic assessments in accordance with clause (xvi) of 
section 1111(b)(3)(C) in lieu of the requirements of clause (vii) of 
section 1111(b)(3)(C).''.