II 

115TH CONGRESS 

1ST SESSION S. 1762 

To amend the Elementary and Secondary Education Act of 1965 to clarify 

when certain academic assessments shall be administered. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 5, 2017 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to clarify when certain academic assessments 

shall be administered. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Student Testing Im5 provement and Accountability Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The Elementary and Secondary Education 

9 Act of 1965 supports programs to level the playing 

10 field for the most vulnerable, including children of 


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1 poverty, students with disabilities, and English lan2 guage learners. 

3 (2) Prior to 2001, Federal law required States 

4 only to test students once per grade span. Current 

5 Federal law requires students to undergo standard6 ized testing every year in grades 3 through 8. 

7 (3) Reducing the frequency of federally required 

8 testing will allow more time for student learning and 

9 inspire their natural curiosity and creativity. 

10 (4) Students will have more time to receive one11 on-one instruction and develop critical thinking and 

12 problem-solving skills through a well-rounded edu13 cation and curriculum. 

14 (5) Moving away from the practice of annually 

15 ‘‘teaching to the test’’ will empower educators to 

16 provide instruction in a way that best inspires and 

17 prepares our Nation’s next generation of leaders. 

18 (6) With grade span testing, our educators will 

19 be more able to focus on those students who are 

20 most in need but who also lose the most class time 

21 preparing for annual tests. 

22 (7) Grade span testing will allow States the 

23 flexibility to develop more meaningful, tailored as24 sessment systems that provide valid, reliable data. 


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1 (8) The yearly testing currently required by 

2 Federal law should be replaced with grade span test3 ing. 

4 SEC. 3. ACADEMIC ASSESSMENTS. 

5 Section 1111(b)(2) of the Elementary and Secondary 

6 Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amend7 ed— 

8 (1) in subparagraph (B)(v), by striking sub9 clause (I) and inserting the following: 

10 ‘‘(I) in the case of mathematics 

11 and reading or language arts, be ad12 ministered not less than one time dur13 ing— 

14 ‘‘(aa) grades 3 through 5; 

15 ‘‘(bb) grades 6 through 8; 

16 and 

17 ‘‘(cc) grades 9 though 12;’’; 

18 (2) in subparagraph (C)— 

19 (A) in the matter preceding clause (i), and 

20 in clause (ii), by striking ‘‘subparagraph 

21 (B)(v)(I)(aa)’’ and inserting ‘‘subparagraph 

22 (B)(v)(I)(bb)’’; and 

23 (B) in clauses (i) and (iii), by striking 

24 ‘‘subparagraph (B)(v)(I)(bb)’’ and inserting 

25 ‘‘subparagraph (B)(v)(I)(cc)’’; and 


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1 (3) in subparagraph (H), in clauses (i) and (vi), 

2 by striking ‘‘subclause (I)(bb) and’’ and inserting 

3 ‘‘subclause (I)(cc) or’’. 

Æ 


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