§ 3030 — Interstate agreement on qualifications of educational personnel

New York § 3030

• Jurisdiction: New York
• Law EDN: Education
• Title 4: Teachers and Pupils
• Art. 61: Teachers and Supervisory and Administrative Staff

Text

§ 3030. Interstate agreement on qualifications of educational\npersonnel. 1. The interstate agreement on qualifications of educational\npersonnel is hereby enacted into law and entered into with all\njurisdictions legally joining therein in the form substantially as\nfollows:\n INTERSTATE AGREEMENT ON QUALIFICATIONS OF EDUCATIONAL PERSONNEL\n Article I\n Purpose, Findings, and Policy\n 1. The states party to this agreement, desiring by common action to\nimprove their respective school systems by utilizing the teacher or\nother professional educational person wherever educated, declare that it\nis the policy of each of them, on the basis of cooperation with one\nanother, to take advantage of the preparation and experience of such\npersons wherever gained, thereby serving the best interests of society,\nof education, and of the teaching profession. It is the purpose of this\nagreement to provide for the development and execution of such programs\nof cooperation as will facilitate the movement of teachers and other\nprofessional educational personnel among the states party to it, and to\nauthorize specific interstate educational personnel contracts to achieve\nthat end.\n 2. The party states find that included in the large movement of\npopulation among all sections of the nation are many qualified\neducational personnel who move for family and other personal reasons but\nwho are hindered in using their professional skill and experience in\ntheir new locations. Variations from state to state in requirements for\nqualifying educational personnel discourage such personnel from taking\nthe steps necessary to qualify in other states. As a consequence, a\nsignificant number of professionally prepared and experienced educators\nis lost to our school systems. Facilitating the employment of qualified\neducational personnel, without reference to their states of origin, can\nincrease the available educational resources. Participation in this\ncompact can increase the availability of educational manpower.\n Article II\n Definitions\n As used in this agreement and contracts made pursuant to it, unless\nthe context clearly requires otherwise:\n 1. "Educational personnel" means persons who must meet requirements\npursuant to state law as a condition of employment in educational\nprograms.\n 2. "Designated state official" means the educational official of a\nstate selected by that state to negotiate and enter into, on behalf of\nthis state, contracts pursuant to this agreement.\n 3. "Accept", or any variant thereof, means to recognize and give\neffect to one or more determinations of another state relating to the\nqualifications of educational personnel in lieu of making or requiring a\nlike determination that would otherwise be required by or pursuant to\nthe laws of a receiving state.\n 4. "State" means a state, territory, or possession of the United\nStates; the district of Columbia; or the commonwealth of Puerto Rico.\n 5. "Originating state" means a state (and the subdivision thereof, if\nany) whose determination that certain educational personnel are\nqualified to be employed for specific duties in schools is acceptable in\naccordance with the terms of a contract made pursuant to article III.\n 6. "Receiving state" means a state (and the subdivisions thereof)\nwhich accepts educational personnel in accordance with the terms of a\ncontract made pursuant to article III.\n Article III\n Interstate Educational Personnel Contracts\n 1. The designated state official of a party state may make one or more\ncontracts on behalf of his state with one or more other party states\nproviding for the acceptance of educational personnel. Any such contract\nfor the period of its duration shall be applicable to and binding on the\nstates whose designated state officials enter into it, and the\nsubdivisions of those states, with the same force and effect as if\nincorporated in this agreement. A designated state official may enter\ninto a contract pursuant to this article only with states in which he\nfinds that there are programs of education, certification standards or\nother acceptable qualifications that assure preparation or qualification\nof educational personnel on a basis sufficiently comparable, even though\nnot identical to that prevailing in his own state.\n 2. Any such contract shall provide for:\n (a) Its duration.\n (b) The criteria to be applied by an originating state in qualifying\neducational personnel for acceptance by a receiving state.\n (c) Such waivers, substitutions, and conditional acceptances as shall\naid the practical effectuation of the contract without sacrifice of\nbasic educational standards.\n (d) Any other necessary matters.\n 3. No contract made pursuant to this agreement shall be for a term\nlonger than five years but any such contract may be renewed for like or\nlesser periods.\n 4. Any contract dealing with acceptance of educational personnel on\nthe basis of their having completed an educational program shall specify\nthe earliest date or dates on which originating state approval of the\nprogram or programs involved can have occurred. No contract made\npursuant to this agreement shall require acceptance by a receiving state\nof any persons qualified because of successful completion of a program\nprior to January first, nineteen hundred fifty-four.\n 5. The certification or other acceptance of a person who has been\naccepted pursuant to the terms of a contract shall not be revoked or\notherwise impaired because the contract has expired or been terminated.\nHowever, any certificate or other qualifying document may be revoked or\nsuspended on any ground which would be sufficient for revocation or\nsuspension of a certificate or other qualifying document initially\ngranted or approved in the receiving state.\n 6. A contract committee composed of the designated state officials of\nthe contracting states or their representatives shall keep the contract\nunder continuous review, study means of improving its administration,\nand report no less frequently than once a year to the heads of the\nappropriate education agencies of the contracting states.\n Article IV\n Approved and Accepted Programs\n 1. Nothing in this Agreement shall be construed to repeal or otherwise\nmodify any law or regulation of a party State relating to the approval\nof programs of educational preparation having effect solely on the\nqualification of educational personnel within that State.\n 2. To the extent that contracts made pursuant to this Agreement deal\nwith the educational requirements for the proper qualification of\neducational personnel, acceptance of a program of educational\npreparation shall be in accordance with such procedures and requirements\nas may be provided in the applicable contract.\n Article V\n Interstate Cooperation\n The party States agree that:\n 1. They will, so far as practicable, prefer the making of multilateral\ncontracts pursuant to Article III of this Agreement.\n 2. They will facilitate and strengthen cooperation in interstate\ncertification and other elements of educational personnel qualification\nand for this purpose shall cooperate with agencies, organizations, and\nassociations interested in certification and other elements of\neducational personnel qualification.\n Article VI\n Agreement Evaluation\n The designated state officials of any party state may meet from time\nto time as a group to evaluate progress under the agreement, and to\nformulate recommendations for changes.\n Article VII\n Other Arrangements\n Nothing in this agreement shall be construed to prevent or inhibit\nother arrangements or practices of any party state or states to\nfacilitate the interchange of educational personnel.\n Article VIII\n Effect and Withdrawal\n 1. This agreement shall become effective when enacted into law by two\nstates. Thereafter it shall become effective as to any state upon its\nenactment of this agreement.\n 2. Any party state may withdraw from this agreement by enacting a\nstatute repealing the same, but no such withdrawal shall take effect\nuntil one year after the governor of the withdrawing state has given\nnotice in writing of the withdrawal to the governors of all other party\nstates.\n 3. No withdrawal shall relieve the withdrawing state of any obligation\nimposed upon it by a contract to which it is a party. The duration of\ncontracts and the methods and conditions of withdrawal therefrom shall\nbe those specified in their terms.\n Article IX\n Construction and Severability\n This agreement shall be liberally construed so as to effectuate the\npurposes thereof. The provisions of this agreement shall be severable\nand if any phrase, clause, sentence, or provision of this agreement is\ndeclared to be contrary to the constitution of any state or of the\nUnited States, or the application thereof to any government, agency,\nperson, or circumstance is held invalid, the validity of the remainder\nof this agreement and the applicability thereof to any government,\nagency, person, or circumstance shall not be affected thereby. If this\nagreement shall be held contrary to the constitution of any state\nparticipating therein, the agreement shall remain in full force and\neffect as to the state affected as to all severable matters.\n 2. For the purposes of the agreement set forth in subdivision one of\nthis section, the "designated state official" for this state shall be\nthe commissioner of education.\n 3. Two copies of all contracts made on behalf of this state pursuant\nto the agreement set forth in subdivision one of this section shall be\nkept on file in the office of the commissioner of education. The\ndepartment shall publish all such contracts in convenient form.\n