§ 20-38-1-1 — Contents of interstate agreement

The following interstate agreement on
qualification of educational personnel is enacted into law and entered
into by this state with all other states legally joining the interstate
agreement in substantially the following form:
INTERSTATE AGREEMENT ON
QUALIFICATION OF EDUCATIONAL PERSONNEL
Article 1 ─ Purpose, Findings, and Policy
1. The states party to this agreement, desiring by common action to
improve their respective school systems by utilizing the teacher or
other professional educational person wherever educated, declare that
it is the policy of each of them, on the basis of cooperation with one
another, to take advantage of the preparation and experience of such
persons wherever gained, thereby serving the best interests of society,
of education, and of the teaching profession. It is the purpose of this
agreement to provide for the development and execution of such
programs of cooperation as will facilitate the movement of teachers and
other professional educational personnel among the states party to it,
and to authorize specific interstate educational personnel contracts to
achieve that end.
2. The party states find that included in the large movement of
population among all sections of the nation are many qualified
educational personnel who move for family and other personal reasons
but who are hindered in using their professional skill and experience
in their new locations. Variations from state to state in requirements for
qualifying educational personnel discourage such personnel from
taking the steps necessary to qualify in other states. As a consequence,
a significant number of professionally prepared and experienced
educators is lost to our school systems. Facilitating the employment of
qualified educational personnel, without reference to their states of
origin, can increase the available educational resources. Participation
in this compact can increase the availability of educational manpower.
All contracts shall be subject to approval of the Indiana state board of
education.
Article 2 ─ 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 meet
requirements pursuant to state law as a condition of employment in
educational programs.
2. "Designated state official" means the education official of a state
selected by that state to negotiate and enter into, on behalf of the
individual's state, contracts pursuant to this agreement.
3. "Accept", or any variant thereof, means to recognize and give
effect to one (1) or more determinations of another state relating to the
qualifications of educational personnel in lieu of making or requiring
a like determination that would otherwise be required by or pursuant
to the laws of a receiving state.
4. "State" means a state, territory, or possession of the United States;
the District of Columbia; or the Commonwealth of Puerto Rico.
5. "Originating state" means a state (and the subdivision thereof, if
any) whose determination that certain educational personnel are
qualified to be employed for specific duties in schools is acceptable in
accordance with the terms of a contract made pursuant to Article 3.
6. "Receiving state" means a state (and the subdivisions thereof)
which accept educational personnel in accordance with the terms of a
contract made pursuant to Article 3.
Article 3 ─ Interstate Educational Personnel Contracts
1. The designated state official of a party state may make one (1) or
more contracts on behalf of the official's state with one (1) or more
other party states providing for the acceptance of educational
personnel. Any such contract for the period of its duration shall be
applicable to and binding on the states whose designated state officials
enter into it, and the subdivisions of those states, with the same force
and effect as if incorporated in this agreement. A designated state
official may enter into a contract pursuant to this article only with states
in which the official finds that there are programs of education,
certification standards, or other acceptable qualifications that assure
preparation or qualification of educational personnel on a basis
sufficiently comparable, even though not identical to that prevailing in
the official's own state.
2. Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating state in qualifying
educational personnel for acceptance by a receiving state.
(c) Such waivers, substitutions, and conditional acceptances as shall
aid the practical effectuation of the contract without sacrifice of basic
educational standards.
(d) Any other necessary matters.
3. No contract made pursuant to this agreement shall be for a term
longer than five (5) years, but any such contract may be renewed for
like or lesser periods.
4. Any contract dealing with acceptance of educational personnel on
the basis of their having completed an educational program shall
specify the earliest date or dates on which originating state approval of
the program or programs involved can have occurred. No contract
made pursuant to this agreement shall require acceptance by a
receiving state of any persons qualified because of successful
completion of a program before January 1, 1954.
5. The certification or other acceptance of a person who has been
accepted pursuant to the terms of a contract shall not be revoked or
otherwise impaired because the contract has expired or been
terminated. However, any certificate or other qualifying document may
be revoked or suspended on any ground which would be sufficient for
revocation or suspension of a certificate or other qualifying document
initially granted or approved in the receiving state.
6. A contract committee composed of the designated state officials
of the contracting states or their representatives shall keep the contract
under continuous review, study means of improving its administration,
and report no less frequently than once a year to the heads of the
appropriate education agencies of the contracting states.
Article 4 ─ Approved and Accepted Programs
1. Nothing in this agreement shall be construed to repeal or
otherwise modify any law or regulation of a party state relating to the
approval of programs of educational preparation having effect solely
on the qualification of educational personnel within that state.
2. To the extent that contracts made pursuant to this agreement deal
with the educational requirements for the proper qualification of
educational personnel acceptance of a program of educational
preparation shall be in accordance with such procedures and
requirements as may be provided in the applicable contract.
Article 5 ─ Interstate Cooperation
The party states agree that:
1. They will, so far as practicable, prefer the making of multilateral
contracts pursuant to Article 3 of this agreement.
2. They will facilitate and strengthen cooperation in interstate
certification and other elements of educational personnel qualification
and for this purpose shall cooperate with agencies, organizations, and
associations interested in certification and other elements of
educational personnel qualification.
Article 6 ─ Agreement Evaluation
The designated state officials of any party state may meet from time
to time as a group to evaluate progress under the agreement and to
formulate recommendations for changes.
Article 7 ─ Other Arrangements
Nothing in this agreement shall be construed to prevent or inhibit
other arrangements or practices of any party state or states to facilitate
the interchange of educational personnel.
Article 8 ─ Effect and Withdrawal
1. This agreement shall become effective when enacted into law by
two (2) states. Thereafter it shall become effective as to any state upon
its enactment of this agreement.
2. Any party state may withdraw from this agreement by enacting a
statute repealing the same, but no such withdrawal shall take effect
until one (1) year after the governor of the withdrawing state has given
notice in writing of the withdrawal to the governors of all other party
states.
3. No withdrawal shall relieve the withdrawing state of any
obligation imposed upon it by a contract to which it is a party. The
duration of contracts and the methods and conditions of withdrawal
therefrom shall be those specified in their terms.
Article 9 ─ Construction and Severability
This agreement shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this agreement shall be severable
and if any phrase, clause, sentence, or provision of this agreement is
declared to be contrary to the constitution of any state or of the United
States, or the application thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this
agreement and the applicability thereof to any government, agency,
person, or circumstance shall not be affected thereby. If this agreement
shall be held contrary to the constitution of any state participating
therein, the agreement shall remain in full force and effect as to the
state affected as to all severable matters.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-1-17-1.]

Legislative History

As added by P.L.1-2005, SEC.22.