§ 16-11-5 - Interstate agreement.
SECTION 16-11-5
§ 16-11-5 Interstate agreement. – The interstate agreement on qualification of education personnel is enactedinto law and entered into with all other jurisdictions legally joining therein,in the form substantially as follows:
INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONALPERSONNEL
ARTICLE I
Purpose, Findings, and Policy
1. The states party to this agreement, desiring by commonaction to improve their respective school systems by utilizing the teacher orother professional educational person wherever educated, declare that it is thepolicy of each of them, on the basis of cooperation with one another, to takeadvantage of the preparation and experience of such persons wherever gained,thereby serving the best interests of society, of education, and of theteaching profession. It is the purpose of this agreement to provide for thedevelopment and execution of such programs of cooperation as will facilitatethe movement of teachers and other professional educational personnel among thestates party to it, and to authorize specific interstate educational personnelcontracts to achieve that end.
2. The party states find that included in the large movementof population among all sections of the nation are many qualified educationalpersonnel who move for family and other personal reasons but who are hinderedin using their professional skill and experience in their new locations.Variations from state to state in requirements for qualifying educationalpersonnel discourage such personnel from taking the steps necessary to qualifyin other states. As a consequence, a significant number of professionallyprepared and experienced educators is lost to our school systems. Facilitatingthe employment of qualified educational personnel, without reference to theirstates of origin, can increase the available educational resources.Participation in this compact can increase the availability of educationalmanpower.
ARTICLE II
Definitions
As used in this agreement and contracts made pursuant to it,unless the context clearly requires otherwise:
1. "Educational personnel" means persons who must meetrequirements pursuant to state law as a condition of employment in educationalprograms.
2. "Designated state official" means the education officialof a state selected by that state to negotiate and enter into, on behalf of hisstate, contracts pursuant to this agreement.
3. "Accept," or any variant thereof, means to recognize andgive effect to one or more determinations of another state relating to thequalifications of education personnel in lieu of making or requiring a likedetermination that would otherwise be required by or pursuant to the laws of areceiving state.
4. "State" means a state, territory, or possession of theUnited States; the District of Columbia; or the Commonwealth of Puerto Rico.
5. "Originating state" means a state (and the subdivisionthereof, if any) whose determination that certain educational personnel arequalified to be employed for specific duties in schools is acceptable inaccordance with the terms of a contract made pursuant to article III.
6. "Receiving state" means a state (and the subdivisionsthereof) which accept educational personnel in accordance with the terms of acontract made pursuant to article III.
ARTICLE III
Interstate Educational Personnel Contracts
1. The designated state official of a party state may makeone or more contracts on behalf of his state with one or more other partystates providing for the acceptance of educational personnel. Any such contractfor the period of its duration shall be applicable to and binding on the stateswho designated state officials enter into it, and the subdivisions of thosestates, with the same force and effect as if incorporated in this agreement. Adesignated state official may enter into a contract pursuant to this articleonly with states in which he finds that there are programs of education,certification standards or other acceptable qualifications that assurepreparation or qualification of educational personnel on a basis sufficientlycomparable, even though not identical to that prevailing in his own state.
2. Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating state inqualifying educational personnel for acceptance by a receiving state.
(c) Such waivers, substitutions, and conditional acceptancesas shall aid the practical effectuation of the contract without sacrifice ofbasic educational standards.
(d) Any other necessary matters.
3. No contract made pursuant to this agreement shall be for aterm longer than five (5) years but any such contract may be renewed for likeor lesser periods.
4. Any contract dealing with acceptance of educationalpersonnel on the basis of their having completed an educational program shallspecify the earliest date or dates on which originating state approval of theprogram or programs involved can have occurred. No contract made pursuant tothis agreement shall require acceptance by a receiving state of any personsqualified because of successful completion of a program prior to January 1,1954.
5. The certification or other acceptance of a person who hasbeen accepted pursuant to the terms of a contract shall not be revoked orotherwise impaired because the contract has expired or been terminated.However, any certificate or other qualifying document may be revoked orsuspended on any ground which would be sufficient for revocation or suspensionof a certificate or other qualifying document initially granted or approved inthe receiving state.
6. A contract committee composed of the designated stateofficials of the contracting states or their representatives shall keep thecontract under continuous review, study means of improving its administration,and report no less frequently than once a year to the heads of the appropriateeducation agencies of the contracting states.
ARTICLE IV
Approved and Accepted Programs
1. Nothing in this agreement shall be construed to repeal orotherwise modify any law or regulation or a party state relating to theapproval of programs of educational preparation having effect solely on thequalification of educational personnel within that state.
2. To the extent that contracts made pursuant to thisagreement deal with the educational requirements for the proper qualificationof educational personnel, acceptance of a program of educational preparationshall be in accordance with such procedures and requirements as may be providedin the applicable contract.
ARTICLE V
Interstate Cooperation
The party states agree that:
1. They will, so far as practicable, prefer the making ofmultilateral contracts pursuant to article III of this agreement.
2. They will facilitate and strengthen cooperation ininterstate certification and other elements of educational personnelqualification and for this purpose shall cooperate with agencies,organizations, and associations interested in certification and other elementsof educational personnel qualification.
ARTICLE VI
Agreement Evaluation
The designated state officials of any party states may meetfrom time to time as a group to evaluate progress under the agreement, and toformulate recommendations for changes.
ARTICLE VII
Other Arrangements
Nothing in this agreement shall be construed to prevent orinhibit other arrangements or practices of any party state or states tofacilitate the interchange of educational personnel.
ARTICLE VIII
Effect and Withdrawal
1. This agreement shall become effective when enacted intolaw by two (2) states. Thereafter it shall become effective as to any stateupon its enactment of this agreement.
2. Any party state may withdraw from this agreement byenacting a statute repealing the same, but no such withdrawal shall take effectuntil one (1) year after the governor of the withdrawing state has given noticein writing of the withdrawal to the governors of all other party states.
3. No withdrawal shall relieve the withdrawing state of anyobligation imposed upon it by a contract to which it is a party. The durationof contracts and the methods and conditions of withdrawal therefrom shall bespecified in their terms.
ARTICLE IX
Construction and Severability
This agreement shall be liberally construed so as toeffectuate the purposes thereof. The provisions of this agreement shall beseverable and if any phrase, clause, sentence, or provision of this agreementis declared to be contrary to the constitution of any state or of the UnitedStates, or the application thereof to any government, agency, person, orcircumstance is held invalid, the validity of the remainder of this agreementand the applicability thereof to any government, agency, person, orcircumstance shall not be affected thereby. If this agreement shall be heldcontrary to the constitution of any state participating therein, the agreementshall remain in full force and effect as to the state affected as to allseverable matters.