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-
tives 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’’. 
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undermine the quality of education and equality of 
opportunity. 
(5) The peer-reviewed Research in Middle Level 
Education Journal published a study in 2017 show-
ing that State standardized test results are strongly 
influenced by non-school factors and that standard-
ized 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 ad-
ministrator evaluations in more than 40 States. 
(6) More than 1,185 accredited, four-year col-
leges 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, read-
ing, and mathematics scores from the OECD Pro-
gramme 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 re-
gions, which was below the international average. 
Throughout the high-stakes accountability era, 
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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 Na-
tional 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 Edu-
cation 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 Inven-
tory and Preliminary Analysis’’, there is no correla-
tion 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 re-
ported having to wait between two and four months 
before final State test results were available at the 
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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 assess-
ments and non-federally mandated summative as-
sessments. 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, par-
ticularly when exams are high stakes. Other impor-
tant subjects, such as art, music, finance, foreign 
languages, social studies, civics, and physical edu-
cation 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 test-
ing extends to students, their families, and the eco-
nomic well-being of their communities. The mass 
availability of school ratings based on standardized 
test scores has accelerated divergence in housing val-
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ues, income distributions, and education levels as 
well as the racial and ethnic composition across com-
munities. 
(16) African Americans, especially boys, are 
disproportionately placed or misplaced in special 
education, frequently based on standardized test re-
sults. 
(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, per-
formance-based assessment, and methods to as-
sess 
understanding 
and 
skill 
development 
through project-based learning; and 
(B) promote deeper learning, positive cog-
nitive 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 
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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 Edu-
cation Act of 1965 limits classroom instruction, pro-
motes memorization over critical thinking, and 
prioritizes multiple choice tests over balanced assess-
ment 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 envi-
ronment; 
(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 lim-
ited to demonstrating proficiency to a standardized 
test; and 
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(5) State assessment and accountability sys-
tems should— 
(A) focus on, not hinder, critical thinking; 
(B) reflect principles of reciprocity, such 
that identified needs and areas for growth re-
sult in the allocation of both resources and ca-
pacity building opportunities to support im-
provement; 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 ASSESS-
MENT 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 ‘com-
bination testing’ means an educational assessment 
system in which a State administers grade-span test-
ing using— 
‘‘(A) representative sampling; or 
‘‘(B) matrix sampling. 
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‘‘(54) 
GRADE-SPAN
TESTING.—The 
term 
‘grade-span testing’ means an educational assess-
ment 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 adminis-
tration 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 el-
ementary 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— 
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‘‘(I) the total number of students 
enrolled at such school belonging to 
such subgroup; to 
‘‘(II) the total number of stu-
dents enrolled at such school; and 
‘‘(C) administers such groups of questions 
to such groups of students in a manner deter-
mined by the Secretary to be appropriate. 
‘‘(56) REPRESENTATIVE SAMPLING.— 
‘‘(A) IN GENERAL.—The term ‘representa-
tive sampling’ means an educational assessment 
administration method in which a State— 
‘‘(i) administers, in accordance with 
subparagraph (B), math, reading or lan-
guage 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 sam-
pling valid and reliable inferences about 
the performance of students— 
‘‘(I) in the State and in local 
educational agencies served by the 
State; and 
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‘‘(II) in the elementary and sec-
ondary schools selected for such sam-
pling. 
‘‘(B) SAMPLE
REQUIREMENTS.—A State 
shall ensure that— 
‘‘(i) each assessment described in sub-
paragraph (A)(i) is administered to a dif-
ferent representative sample of students; 
and 
‘‘(ii) the composition of each such rep-
resentative sample of students enables re-
sults to be disaggregated in accordance 
with section 1111(b)(2)(B)(xi).’’. 
(b) STATE DISCRETION CONCERNING
THE FRE-
QUENCY
OF
STANDARDIZED
TESTING.—Section 
1111(b)(2)(B) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)(2)(B)) is amend-
ed— 
(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: 
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‘‘(I) in the case of mathematics, read-
ing or language arts, and science, be ad-
ministered 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 applica-
ble’’ 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. 
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SEC. 5. PUBLIC COMMENT PERIOD REGARDING THE AD-
MINISTRATION OF ASSESSMENTS FOR EACH 
GRADE. 
Section 1111(b)(2)(L) of the Elementary and Sec-
ondary 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 com-
ment period inviting input from a broad community 
of local stakeholders, including educators, principals, 
other school leaders, parents, and primary care-
givers’’; and 
(2) by inserting ‘‘, and preparation for,’’ after 
‘‘administration of’’. 
SEC. 6. ESTABLISHING A TASKFORCE TO EVALUATE TEST-
ING PRACTICES AND TO PROMOTE QUALITY 
TEACHING. 
(a) 
ESTABLISHMENT.—There 
is 
established 
a 
taskforce within the National Center for Education Re-
search 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— 
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(A) the effect standardized test practices 
have on student wellness, learning, and postsec-
ondary education success; 
(B) opportunities to promote in elementary 
and secondary schools performance-based as-
sessment systems that are developmentally ap-
propriate, 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 as-
sessments, 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 bar-
riers. 
(c) MEMBERSHIP.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Commis-
sioner for Education Research shall appoint to the 
Taskforce not fewer than 5, and not more than 10, 
members. 
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(2) INCLUSION OF EDUCATIONAL ASSESSMENT 
EXPERTS.—At least 1 member shall be an individual 
with expertise in education assessment systems, in-
cluding 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 Commis-
sioner, in consultation with— 
(1) public elementary school teachers; 
(2) public secondary school teachers; 
(3) public school leaders; 
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(4) school-based mental health services pro-
viders; 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 con-
gressional committees a report that includes— 
(1) a review, disaggregated by each State, of 
assessments administered to students in kinder-
garten through grade 12 that includes— 
(A) a description of each summative as-
sessment the State used, including assessments 
developed pursuant to the innovative assess-
ment demonstration authority under section 
1204 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6364); 
(B) an estimation of the cost of admin-
istering each such assessment; 
(C) an estimation, for each grade, of the 
test administration time allocated each aca-
demic year for such assessments; 
(D) an estimation, for each grade, of the 
classroom instructional time lost each academic 
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year while preparing students for each such as-
sessment; and 
(E) a description of how each State is 
using data from such assessments, including 
whether such data is used for punitive pur-
poses; 
(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 cen-
tury 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 ac-
countability systems on the quality of instruc-
tion and opportunities for deeper learning 
across a variety of subjects and skills; 
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(4) a description of barriers that prevent 
schools from establishing and implementing innova-
tive 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 teach-
ers 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 equi-
table opportunities for learning and centers stu-
dents’ 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: 
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ 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 sys-
tem’’ has the meaning given such term in sec-
tion 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). 
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SEC. 7. EXPANSION OF INNOVATIVE ASSESSMENT DEM-
ONSTRATION 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 an-
nual’’ 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 subpara-
graph (A), by striking ‘‘3 years’’ and in-
serting ‘‘5 years’’; and 
(ii) in subparagraph (A), by striking 
‘‘a total number of not more than 7 par-
ticipating 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 in-
serting ‘‘a’’; 
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cation $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 CER-
TAIN 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 re-
quired under section 1111(b)(2) of such Act as a 
sole or dominant factor when— 
(A) implementing grade-retention policies; 
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(B) awarding a student a high school di-
ploma; 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. 
Æ 
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