I 
109TH CONGRESS 
2D SESSION 
H. R. 4852 
To curtail the use of high-stakes tests in elementary and secondary schools. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 2, 2006 
Mr. OWENS introduced the following bill; which was referred to the Committee 
on Education and the Workforce 
A BILL 
To curtail the use of high-stakes tests in elementary and 
secondary schools. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Morato-
rium Testing Act of 2006’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The enactment of the No Child Left Behind 
Act of 2001 unleashed forces that threaten students, 
teachers, and the basic integrity of the educational 
process. The stakes are very high. On the basis of 
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test scores, students may be held back; teachers, 
principals, and superintendents may be fired; schools 
may be closed; and some school systems may be re-
structured or abolished. 
(2) Elected officials at all levels have become 
obsessed with test results. There is a rush to meas-
ure the output of the education community while 
minimizing the resources contributed by Federal, 
State, and municipal governments. The annual re-
lease of test score results provides a media oppor-
tunity for public officials profitably to ‘‘spin’’ the 
education function in a partisan manner. 
(3) The amendments to the Elementary and 
Secondary Education Act of 1965 made by the No 
Child Left Behind Act of 2001 established a dev-
astatingly one-sided environment for education re-
form. They implemented national standards for test-
ing with serious penalties for failure. At the same 
time, there is a continuing refusal to recognize na-
tional standards for ‘‘Opportunities to Learn’’. 
(4) Provisions of the Elementary and Secondary 
Education Act of 1965 pertaining to school con-
struction and the improvement of library, science 
laboratory, and technology facilities and equipment 
were not strengthened by the 2001 landmark legisla-
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tion. While the testing process gallops forward, stu-
dents will not receive any new resources to improve 
their performance. The tests will continue to reign 
supreme unless some new initiative is launched to 
control them. 
(5) Added to the numerous arguments exposing 
the danger of overreliance on testing is a newly 
emerging crisis, namely incompetence and corruption 
in the testing industry. The No Child Left Behind 
Act of 2001 provided a great leap forward for the 
testing market. The sheer volume of the surge in 
new business has overwhelmed the newly expanding 
industry. 
(6) The scrubbing of test contents to avoid of-
fending right wing zealots is presently under attack 
by scholars who protest the alteration of quotes from 
Shakespeare and other classical writers. 
(7) Recent reports highlight ongoing concerns 
regarding the quality of test questions. Recent re-
ports in the New York Times and other national 
newspapers raise serious issues regarding the integ-
rity of testing companies. Their failure to recognize 
key processing errors highlight the need for more 
Federal oversight. 
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(8) Groups representing the minority commu-
nity have continued to oppose the use of high-stakes 
tests as the only criteria to measure achievement. 
The overreliance on tests will have a major negative 
impact on the African-American community. 
SEC. 3. DELAY IN IMPLEMENTATION OF ACADEMIC ASSESS-
MENTS. 
Section 1111(b) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)) is amended— 
(1) in paragraph (3)(C)— 
(A) in clause (v)(II), by striking ‘‘2007– 
2008’’ and inserting ‘‘2008–2009’’; and 
(B) in clause (vii), by striking ‘‘2005– 
2006’’ and inserting ‘‘2008–2009’’; and 
(2) in paragraph (7), by striking ‘‘2002–2003’’ 
and inserting ‘‘2008–2009’’. 
SEC. 4. ADMINISTRATIVE REQUIREMENTS. 
(a) ENCOURAGING MORATORIUM.—The Secretary of 
Education shall encourage States, during the 3-year pe-
riod beginning on the date of the enactment of this Act, 
to place a moratorium on the administration of all stand-
ardized tests. 
(b) REPORT.—Beginning after such 3-year period, 
each State desiring to receive a grant under part A of title 
I of the Elementary and Secondary Education Act of 1965 
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(20 U.S.C. 6311 et seq.) annually shall submit to such 
Secretary a report on all standardized tests administered 
to elementary or secondary students in the State. A State 
report submitted under this subsection may be submitted 
as part of a consolidated report under section 9303 of 
such Act (20 U.S.C. 7843). 
Æ 
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