[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3595 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3595

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, 
                      and early language programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 17, 2024

 Mr. Schatz (for himself, Mr. Padilla, Ms. Cortez Masto, Mrs. Shaheen, 
Ms. Warren, Mr. Wyden, and Mr. Heinrich) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, 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 writing in both English and a second language, 
                      and early language programs.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Biliteracy Education Seal and 
Teaching Act'' or the ``BEST Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The people of the United States celebrate cultural and 
        linguistic diversity and seek to prepare students with skills 
        to succeed in the 21st century.
            (2) It is fitting to commend the dedication of students who 
        have achieved proficiency in multiple languages and to 
        encourage their peers to follow in their footsteps.
            (3) The congressionally requested Commission on Language 
        Learning, in its 2017 report ``America's Languages: Investing 
        in Language Education for the 21st Century'', notes the 
        pressing national need for more people of the United States who 
        are proficient in 2 or more languages for national security, 
        economic growth, and the fulfillment of the potential of all 
        people of the United States.
            (4) The Commission on Language Learning also notes the 
        extensive cognitive, educational, and employment benefits 
        deriving from biliteracy.
            (5) Biliteracy in general correlates with higher graduation 
        rates, higher grade point averages, higher rates of 
        matriculation into higher education, and higher earnings for 
        all students, regardless of background.
            (6) The study of America's languages in elementary and 
        secondary schools should be encouraged because it contributes 
        to a student's cognitive development and to the national 
        economy and security.
            (7) Recognition of student achievement in language 
        proficiency will enable institutions of higher education and 
        employers to readily recognize and acknowledge the valuable 
        expertise of bilingual students in academia and the workplace.
            (8) States such as Utah, Arizona, Washington, and New 
        Mexico have developed innovative testing methods for languages, 
        including Native American languages, where no formal 
        proficiency test currently exists.
            (9) The use of proficiency in a government-recognized 
        official Native American language as the base language for a 
        Seal of Biliteracy, with proficiency in any additional partner 
        language demonstrated through tested proficiency, has been 
        successfully demonstrated in Hawaii.
            (10) Students in every State and every school should be 
        able to benefit from a Seal of Biliteracy program.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) ESEA definitions.--The terms ``elementary school'', 
        ``English learner'', ``local educational agency'', ``middle 
        grades'', ``secondary school'', and ``State'' have the meanings 
        given those terms in section 8101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Classical language.--The term ``classical language''--
                    (A) means--
                            (i) a language that is no longer spoken; or
                            (ii) a language--
                                    (I) the spoken varieties of which 
                                diverge further away from the classical 
                                language over time; and
                                    (II) that possesses an independent 
                                literary tradition and a large body of 
                                ancient written literature; and
                    (B) includes Greek, Latin, Chinese, Arabic, and 
                Sanskrit.
            (3) Native american language.--The term ``Native American 
        language'' has the meaning given the term in section 103 of the 
        Native American Languages Act (25 U.S.C. 2902).
            (4) Seal of biliteracy program.--The term ``Seal of 
        Biliteracy program'' means any program described in section 
        4(a) that is established or improved, and carried out, with 
        funds received under this Act.
            (5) Second language.--The term ``second language''--
                    (A) means any language other than--
                            (i) English; or
                            (ii) in a case where the provisions of 
                        paragraph (2) of section 4(a) apply, the Native 
                        American language of proficiency described in 
                        such paragraph; and
                    (B) includes Braille, American Sign Language, or a 
                classical language.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 4. GRANTS FOR STATE SEAL OF BILITERACY PROGRAMS.

    (a) Establishment of Program.--
            (1) In general.--From amounts made available under 
        subsection (f), the Secretary shall award grants, on a 
        competitive basis, to States to enable the States to establish 
        or improve, and carry out, Seal of Biliteracy programs and 
        early language programs that lead to a Seal of Biliteracy to 
        recognize student proficiency in both English and a second 
        language, which--
                    (A) shall be demonstrated through proficiency in 
                speaking and writing in both languages; and
                    (B) may also be demonstrated through reading and 
                listening in both languages.
            (2) Inclusion of native american languages.--
        Notwithstanding paragraph (1), each Seal of Biliteracy program 
        shall contain provisions allowing the use of Native American 
        languages, including allowing speakers of any Native American 
        language recognized as official by any American government, 
        including any Tribal government, to use equivalent proficiency 
        in speaking, reading, and writing in the Native American 
        language in lieu of proficiency in speaking, reading, and 
        writing in English.
            (3) Duration.--A grant awarded under this section shall be 
        for a period of 2 years, and may be renewed at the discretion 
        of the Secretary.
            (4) Renewal.--At the end of a grant term, a State that 
        receives a grant under this section may reapply for a grant 
        under this section.
            (5) Limitations.--A State shall not receive more than 1 
        grant under this section at any time.
            (6) Return of unspent grant funds.--Each State that 
        receives a grant under this section shall return any unspent 
        grant funds not later than 6 months after the date on which the 
        term for the grant ends.
    (b) Grant Program.--A State that desires a grant under this section 
shall submit an application to the Secretary at such time, in such 
manner, and containing such information and assurances as the Secretary 
may require, including--
            (1) a description of the criteria a student must meet to 
        demonstrate proficiency for the State Seal of Biliteracy in 
        both languages, which--
                    (A) shall include proficiency criteria for the 2 
                productive skills of speaking and writing; and
                    (B) may include proficiency criteria for the skills 
                of reading and listening;
            (2) a detailed description of the State's plan--
                    (A) to ensure that English learners and former 
                English learners are included in the State Seal of 
                Biliteracy program;
                    (B) to ensure equitable access to the State Seal of 
                Biliteracy program for students with identified 
                disabilities, including vision and hearing impairments 
                and cognitive or learning disabilities, that preclude 
                demonstration of language proficiency in one of the 
                skills identified in paragraph (1);
                    (C) to ensure that--
                            (i) all languages, including Native 
                        American languages and American Sign Language, 
                        can be tested for the State Seal of Biliteracy 
                        program; and
                            (ii) Native American language speakers and 
                        learners are included in the State Seal of 
                        Biliteracy program, including students at 
                        tribally controlled schools and at schools 
                        funded by the Bureau of Indian Education; and
                    (D) to reach elementary school and middle grades 
                students (including eligible students described in 
                subsection (c)(2), heritage language learners, and 
                English learners), their parents, and schools with 
                information regarding the State Seal of Biliteracy 
                program;
            (3) an assurance that a student who meets the requirements 
        under paragraph (1) and subsection (c) receives--
                    (A) a permanent seal or other marker on the 
                student's secondary school diploma or its equivalent; 
                or
                    (B) documentation of proficiency on the student's 
                official academic transcript; and
            (4) an assurance that a student is not charged a fee for 
        providing information under subsection (c)(1).
    (c) Student Participation in a Seal of Biliteracy Program.--
            (1) In general.--To participate in a Seal of Biliteracy 
        program, a student shall provide information to the State that 
        serves the student at such time, in such manner, and including 
        such information and assurances as the State may require, 
        including an assurance that the student has met the criteria 
        established by the State under subsection (b)(1).
            (2) Student eligibility for participation.--A student who 
        gained proficiency in a second language outside of school may 
        apply to the State of the student's residence under paragraph 
        (1) to participate in a Seal of Biliteracy program.
    (d) Use of Funds.--Grant funds made available under this section 
shall be used for--
            (1) the administrative costs of establishing or improving, 
        and carrying out, a Seal of Biliteracy program that meets the 
        requirements of subsection (b);
            (2) public outreach and education about the Seal of 
        Biliteracy program; and
            (3) subgrants to local educational agencies for language 
        educator professional development, public outreach, and 
        subsidizing baseline and final Seal of Biliteracy testing for 
        low-income students.
    (e) Report.--Not later than 18 months after receiving a grant under 
this section, a State shall issue a report to the Secretary describing 
the implementation of the Seal of Biliteracy program for which the 
State received the grant.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2024 through 2028.
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