BEST Act

I 117TH CONGRESS 1ST SESSION H. R. 1731 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 HOUSE OF REPRESENTATIVES MARCH 10, 2021 Ms. BROWNLEY (for herself, Mrs. AXNE, Mr. VARGAS, Mr. PANETTA, Mr. GRIJALVA, Mr. LANGEVIN, Mr. CARBAJAL, Mr. LOWENTHAL, Mr. PRICE of North Carolina, Ms. NORTON, Ms. TITUS, Ms. CHU, Ms. LEGER FERNANDEZ, Mrs. NAPOLITANO, Ms. JACKSON LEE, Mr. CA´RDENAS, Mr. SAN NICOLAS, and Mr. SOTO) introduced the following bill; which was referred to the Committee on Education and Labor 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 VerDate Sep 11 2014 19:30 May 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1731.IH H1731 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1731 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) The people of the United States celebrate 3 cultural and linguistic diversity and seek to prepare 4 students with skills to succeed in the 21st century. 5 (2) It is fitting to commend the dedication of 6 students who have achieved proficiency in multiple 7 languages and to encourage their peers to follow in 8 their footsteps. 9 (3) The congressionally requested Commission 10 on Language Learning, in its 2017 report ‘‘Amer- 11 ica’s Languages: Investing in Language Education 12 for the 21st Century’’, notes the pressing national 13 need for more people of the United States who are 14 proficient in two or more languages for national se- 15 curity, economic growth, and the fulfillment of the 16 potential of all people of the United States. 17 (4) The Commission on Language Learning 18 also notes the extensive cognitive, educational, and 19 employment benefits deriving from biliteracy. 20 (5) Biliteracy in general correlates with higher 21 graduation rates, higher grade point averages, high- 22 er rates of matriculation into higher education, and 23 higher earnings for all students, regardless of back- 24 ground. 25 VerDate Sep 11 2014 19:30 May 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1731.IH H1731 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1731 IH (6) The study of America’s languages in ele- 1 mentary and secondary schools should be encouraged 2 because it contributes to a student’s cognitive devel- 3 opment and to the national economy and security. 4 (7) Recognition of student achievement in lan- 5 guage proficiency will enable institutions of higher 6 education and employers to readily recognize and ac- 7 knowledge the valuable expertise of bilingual stu- 8 dents in academia and the workplace. 9 (8) States such as Utah, Arizona, Washington, 10 and New Mexico have developed innovative testing 11 methods for languages, including Native American 12 languages, where no formal proficiency test currently 13 exists. 14 (9) The use of proficiency in a government-rec- 15 ognized official Native American language as the 16 base language for a Seal of Biliteracy, with pro- 17 ficiency in any additional partner language dem- 18 onstrated through tested proficiency, has been suc- 19 cessfully demonstrated in Hawaii. 20 (10) Students in every State and every school 21 should be able to benefit from a Seal of Biliteracy 22 program. 23 SEC. 3. DEFINITIONS. 24 In this Act: 25 VerDate Sep 11 2014 19:30 May 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1731.IH H1731 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1731 IH (1) ESEA DEFINITIONS.—The terms ‘‘English 1 learner’’, ‘‘secondary school’’, and ‘‘State’’ have the 2 meanings given those terms in section 8101 of the 3 Elementary and Secondary Education Act of 1965 4 (20 U.S.C. 7801). 5 (2) NATIVE AMERICAN LANGUAGES.—The term 6 ‘‘Native American languages’’ has the meaning given 7 the term in section 103 of the Native American Lan- 8 guages Act (25 U.S.C. 2902). 9 (3) SEAL OF BILITERACY PROGRAM.—The term 10 ‘‘Seal of Biliteracy program’’ means any program 11 described in section 4(a) that is established or im- 12 proved, and carried out, with funds received under 13 this Act. 14 (4) SECOND LANGUAGE.—The term ‘‘second 15 language’’ means any language other than English 16 (or a Native American language, pursuant to section 17 4(a)(2)), including Braille, American Sign Lan- 18 guage, or a Classical language. 19 (5) SECRETARY.—The term ‘‘Secretary’’ means 20 the Secretary of Education. 21 SEC. 4. GRANTS FOR STATE SEAL OF BILITERACY PRO- 22 GRAMS. 23 (a) ESTABLISHMENT OF PROGRAM.— 24 VerDate Sep 11 2014 19:30 May 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1731.IH H1731 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1731 IH (1) IN GENERAL.—From amounts made avail- 1 able under subsection (f), the Secretary shall award 2 grants, on a competitive basis, to States to enable 3 the States to establish or improve, and carry out, 4 Seal of Biliteracy programs to recognize student 5 proficiency in speaking, reading, and writing in both 6 English and a second language. 7 (2) INCLUSION OF NATIVE AMERICAN LAN- 8 GUAGES.—Notwithstanding paragraph (1), each Seal 9 of Biliteracy program shall contain provisions allow- 10 ing the use of Native American languages, including 11 allowing speakers of any Native American language 12 recognized as official by any American government, 13 including any Tribal government, to use equivalent 14 proficiency in speaking, reading, and writing in the 15 Native American language in lieu of proficiency in 16 speaking, reading, and writing in English. 17 (3) DURATION.—A grant awarded under this 18 section shall be for a period of 2 years, and may be 19 renewed at the discretion of the Secretary. 20 (4) RENEWAL.—At the end of a grant term, a 21 State that receives a grant under this section may 22 reapply for a grant under this section. 23 (5) LIMITATIONS.—A State shall not receive 24 more than 1 grant under this section at any time. 25 VerDate Sep 11 2014 19:30 May 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1731.IH H1731 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1731 IH (6) RETURN OF UNSPENT GRANT FUNDS.— 1 Each State that receives a grant under this section 2 shall return any unspent grant funds not later than 3 6 months after the date on which the term for the 4 grant ends. 5 (b) GRANT APPLICATION.—A State that desires a 6 grant under this section shall submit an application to the 7 Secretary at such time, in such manner, and containing 8 such information and assurances as the Secretary may re- 9 quire, including— 10 (1) a description of the criteria a student must 11 meet to demonstrate the proficiency in speaking, 12 reading, and writing in both languages necessary for 13 the State Seal of Biliteracy program; 14 (2) a detailed description of the State’s plan— 15 (A) to ensure that English learners and 16 former English learners are included in the 17 State Seal of Biliteracy program; 18 (B) to ensure that— 19 (i) all languages, including Native 20 American languages, can be tested for the 21 State Seal of Biliteracy program; and 22 (ii) Native American language speak- 23 ers and learners are included in the State 24 Seal of Biliteracy program, including stu- 25 VerDate Sep 11 2014 19:30 May 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1731.IH H1731 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1731 IH dents at tribally controlled schools and at 1 schools funded by the Bureau of Indian 2 Education; and 3 (C) to reach students, including eligible 4 students described in subsection (c)(2) and 5 English learners, their parents, and schools 6 with information regarding the State Seal of 7 Biliteracy program; 8 (3) an assurance that a student who meets the 9 requirements under paragraph (1) and subsection 10 (c) receives— 11 (A) a permanent seal or other marker on 12 the student’s secondary school diploma or its 13 equivalent; and 14 (B) documentation of proficiency on the 15 student’s official academic transcript; and 16 (4) an assurance that a student is not charged 17 a fee for providing information under subsection 18 (c)(1). 19 (c) STUDENT PARTICIPATION IN A SEAL OF 20 BILITERACY PROGRAM.— 21 (1) IN GENERAL.—To participate in a Seal of 22 Biliteracy program, a student shall provide informa- 23 tion to the State that serves the student at such 24 time, in such manner, and including such informa- 25 VerDate Sep 11 2014 19:30 May 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1731.IH H1731 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1731 IH tion and assurances as the State may require, in- 1 cluding an assurance that the student has met the 2 criteria established by the State under subsection 3 (b)(1). 4 (2) STUDENT ELIGIBILITY FOR PARTICIPA- 5 TION.—A student who gained proficiency in a second 6 language outside of school may apply under para- 7 graph (1) to participate in a Seal of Biliteracy pro- 8 gram. 9 (d) USE OF FUNDS.—Grant funds made available 10 under this section shall be used for— 11 (1) the administrative costs of establishing or 12 improving, and carrying out, a Seal of Biliteracy 13 program that meets the requirements of subsection 14 (b); and 15 (2) public outreach and education about the 16 Seal of Biliteracy program. 17 (e) REPORT.—Not later than 18 months after receiv- 18 ing a grant under this section, a State shall issue a report 19 to the Secretary describing the implementation of the Seal 20 of Biliteracy program for which the State received the 21 grant. 22 VerDate Sep 11 2014 19:30 May 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1731.IH H1731 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1731 IH (f) AUTHORIZATION OF APPROPRIATIONS.—There 1 are authorized to be appropriated to carry out this section 2 $10,000,000 for each of fiscal years 2022 through 2026. 3 Æ VerDate Sep 11 2014 19:30 May 03, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H1731.IH H1731 pamtmann on DSKBC07HB2PROD with BILLS