BEST Act

II 117TH CONGRESS 1ST SESSION S. 680 To award grants to States to establish or improve, and carry out, Seal of Biliteracy programs to recognize high-level student proficiency in speaking, reading, and writing in both English and a second language. IN THE SENATE OF THE UNITED STATES MARCH 10, 2021 Mr. SCHATZ (for himself and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions A BILL To award grants to States to establish or improve, and carry out, Seal of Biliteracy programs to recognize high- level student proficiency in speaking, reading, and writ- ing in both English and a second language. 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 ‘‘Biliteracy Education 4 Seal and Teaching Act’’ or the ‘‘BEST Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 18:47 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S680.IS S680 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 680 IS (1) The people of the United States celebrate 1 cultural and linguistic diversity and seek to prepare 2 students with skills to succeed in the 21st century. 3 (2) It is fitting to commend the dedication of 4 students who have achieved proficiency in multiple 5 languages and to encourage their peers to follow in 6 their footsteps. 7 (3) The congressionally requested Commission 8 on Language Learning, in its 2017 report ‘‘Amer- 9 ica’s Languages: Investing in Language Education 10 for the 21st Century’’, notes the pressing national 11 need for more people of the United States who are 12 proficient in 2 or more languages for national secu- 13 rity, economic growth, and the fulfillment of the po- 14 tential of all people of the United States. 15 (4) The Commission on Language Learning 16 also notes the extensive cognitive, educational, and 17 employment benefits deriving from biliteracy. 18 (5) Biliteracy in general correlates with higher 19 graduation rates, higher grade point averages, high- 20 er rates of matriculation into higher education, and 21 higher earnings for all students, regardless of back- 22 ground. 23 (6) The study of America’s languages in ele- 24 mentary and secondary schools should be encouraged 25 VerDate Sep 11 2014 18:47 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S680.IS S680 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 680 IS because it contributes to a student’s cognitive devel- 1 opment and to the national economy and security. 2 (7) Recognition of student achievement in lan- 3 guage proficiency will enable institutions of higher 4 education and employers to readily recognize and ac- 5 knowledge the valuable expertise of bilingual stu- 6 dents in academia and the workplace. 7 (8) States such as Utah, Arizona, Washington, 8 and New Mexico have developed innovative testing 9 methods for languages, including Native American 10 languages, where no formal proficiency test currently 11 exists. 12 (9) The use of proficiency in a government-rec- 13 ognized official Native American language as the 14 base language for a Seal of Biliteracy, with pro- 15 ficiency in any additional partner language dem- 16 onstrated through tested proficiency, has been suc- 17 cessfully demonstrated in Hawaii. 18 (10) Students in every State and every school 19 should be able to benefit from a Seal of Biliteracy 20 program. 21 SEC. 3. DEFINITIONS. 22 In this Act: 23 (1) ESEA DEFINITIONS.—The terms ‘‘English 24 learner’’, ‘‘secondary school’’, and ‘‘State’’ have the 25 VerDate Sep 11 2014 18:47 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S680.IS S680 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 680 IS meanings given those terms in section 8101 of the 1 Elementary and Secondary Education Act of 1965 2 (20 U.S.C. 7801). 3 (2) NATIVE AMERICAN LANGUAGES.—The term 4 ‘‘Native American languages’’ has the meaning given 5 the term in section 103 of the Native American Lan- 6 guages Act (25 U.S.C. 2902). 7 (3) SEAL OF BILITERACY PROGRAM.—The term 8 ‘‘Seal of Biliteracy program’’ means any program 9 described in section 4(a) that is established or im- 10 proved, and carried out, with funds received under 11 this Act. 12 (4) SECOND LANGUAGE.—The term ‘‘second 13 language’’ means any language other than English 14 (or a Native American language, pursuant to section 15 4(a)(2)), including Braille, American Sign Lan- 16 guage, or a Classical language. 17 (5) SECRETARY.—The term ‘‘Secretary’’ means 18 the Secretary of Education. 19 SEC. 4. GRANTS FOR STATE SEAL OF BILITERACY PRO- 20 GRAMS. 21 (a) ESTABLISHMENT OF PROGRAM.— 22 (1) IN GENERAL.—From amounts made avail- 23 able under subsection (f), the Secretary shall award 24 grants, on a competitive basis, to States to enable 25 VerDate Sep 11 2014 18:47 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S680.IS S680 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 680 IS the States to establish or improve, and carry out, 1 Seal of Biliteracy programs to recognize student 2 proficiency in speaking, reading, and writing in both 3 English and a second language. 4 (2) INCLUSION OF NATIVE AMERICAN LAN- 5 GUAGES.—Notwithstanding paragraph (1), each Seal 6 of Biliteracy program shall contain provisions allow- 7 ing the use of Native American languages, including 8 allowing speakers of any Native American language 9 recognized as official by any American government, 10 including any Tribal government, to use equivalent 11 proficiency in speaking, reading, and writing in the 12 Native American language in lieu of proficiency in 13 speaking, reading, and writing in English. 14 (3) DURATION.—A grant awarded under this 15 section shall be for a period of 2 years, and may be 16 renewed at the discretion of the Secretary. 17 (4) RENEWAL.—At the end of a grant term, a 18 State that receives a grant under this section may 19 reapply for a grant under this section. 20 (5) LIMITATIONS.—A State shall not receive 21 more than 1 grant under this section at any time. 22 (6) RETURN OF UNSPENT GRANT FUNDS.— 23 Each State that receives a grant under this section 24 shall return any unspent grant funds not later than 25 VerDate Sep 11 2014 18:47 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S680.IS S680 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 680 IS 6 months after the date on which the term for the 1 grant ends. 2 (b) GRANT APPLICATION.—A State that desires a 3 grant under this section shall submit an application to the 4 Secretary at such time, in such manner, and containing 5 such information and assurances as the Secretary may re- 6 quire, including— 7 (1) a description of the criteria a student must 8 meet to demonstrate the proficiency in speaking, 9 reading, and writing in both languages necessary for 10 the State Seal of Biliteracy program; 11 (2) a detailed description of the State’s plan— 12 (A) to ensure that English learners and 13 former English learners are included in the 14 State Seal of Biliteracy program; 15 (B) to ensure that— 16 (i) all languages, including Native 17 American languages, can be tested for the 18 State Seal of Biliteracy program; and 19 (ii) Native American language speak- 20 ers and learners are included in the State 21 Seal of Biliteracy program, including stu- 22 dents at tribally controlled schools and at 23 schools funded by the Bureau of Indian 24 Education; and 25 VerDate Sep 11 2014 18:47 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S680.IS S680 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 680 IS (C) to reach students, including eligible 1 students described in subsection (c)(2) and 2 English learners, their parents, and schools 3 with information regarding the State Seal of 4 Biliteracy program; 5 (3) an assurance that a student who meets the 6 requirements under paragraph (1) and subsection 7 (c) receives— 8 (A) a permanent seal or other marker on 9 the student’s secondary school diploma or its 10 equivalent; and 11 (B) documentation of proficiency on the 12 student’s official academic transcript; and 13 (4) an assurance that a student is not charged 14 a fee for providing information under subsection 15 (c)(1). 16 (c) STUDENT PARTICIPATION IN A SEAL OF 17 BILITERACY PROGRAM.— 18 (1) IN GENERAL.—To participate in a Seal of 19 Biliteracy program, a student shall provide informa- 20 tion to the State that serves the student at such 21 time, in such manner, and including such informa- 22 tion and assurances as the State may require, in- 23 cluding an assurance that the student has met the 24 VerDate Sep 11 2014 18:47 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S680.IS S680 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 680 IS criteria established by the State under subsection 1 (b)(1). 2 (2) STUDENT ELIGIBILITY FOR PARTICIPA- 3 TION.—A student who gained proficiency in a second 4 language outside of school may apply under para- 5 graph (1) to participate in a Seal of Biliteracy pro- 6 gram. 7 (d) USE OF FUNDS.—Grant funds made available 8 under this section shall be used for— 9 (1) the administrative costs of establishing or 10 improving, and carrying out, a Seal of Biliteracy 11 program that meets the requirements of subsection 12 (b); and 13 (2) public outreach and education about the 14 Seal of Biliteracy program. 15 (e) REPORT.—Not later than 18 months after receiv- 16 ing a grant under this section, a State shall issue a report 17 to the Secretary describing the implementation of the Seal 18 of Biliteracy program for which the State received the 19 grant. 20 (f) AUTHORIZATION OF APPROPRIATIONS.—There 21 are authorized to be appropriated to carry out this section 22 $10,000,000 for each of fiscal years 2022 through 2026. 23 Æ VerDate Sep 11 2014 18:47 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S680.IS S680 pamtmann on DSKBC07HB2PROD with BILLS