Avant is dismayed that ACTFL has filed litigation against Avant and the Global Seal of Biliteracy based on references to the ACTFL Proficiency Guidelines in relation to Avant’s assessments. Avant is proud to support language learning and to help educators understand how our assessments align with widely recognized proficiency standards. Avant references the ACTFL Proficiency Guidelines, a framework developed with federal funding to serve as an industry benchmark, so that educators and institutions can understand how our scoring aligns with widely adopted expectations. The Guidelines were created to be broadly used by schools and districts. Many others, both for-profit and nonprofit, reference them as well, and describe their tests and learning materials as aligned with them. Many states and districts will not consider tests unless they are aligned with the Guidelines.
ACTFL takes the position on its website that only assessments from ACTFL or Language Testing International can be aligned with the Guidelines. As far as we know, that is their only basis for arguing in the litigation that Avant’s tests are not aligned. ACTFL also asserts that it is trademark infringement for Avant to refer to the Guidelines as the “ACTFL Proficiency Guidelines,” but that is the name by which they are known.
We believe no single organization should hold a monopoly over alignment with a de facto public standard. Our goal is to provide high-quality assessments that support informed decisions about teaching and learning, not to suggest affiliation or endorsement by ACTFL. While ACTFL has initiated this litigation, Avant believes the claims are unfounded and will vigorously defend its position. Both organizations share important goals in promoting language education, and Avant believes the resources of both would be better spent supporting students and educators rather than on litigation. We remain committed to transparency, integrity, and a focus on student success.