§ 16-11-5. Interstate agreement.
The interstate agreement on qualification of education personnel is enacted into law
and entered into with all other jurisdictions legally joining therein, in the form
substantially as follows:
INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL
ARTICLE I
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.
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 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 his state, contracts pursuant to this
agreement.
3. "Accept,� or any variant thereof, means to recognize and give effect to one or more
determinations of another state relating to the qualifications of education 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 III.
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 III.
ARTICLE III
Interstate Educational Personnel Contracts
1. The designated state official of a party state may make one or more contracts on behalf
of his state with one or more other party states providing for the acceptance of educational
personnel. Any such con- tract for the period of its duration shall be applicable
to and binding on the states who 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 he 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 his 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 prior
to 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 IV
Approved and Accepted Programs
1. Nothing in this agreement shall be construed to repeal or other- wise modify any law
or regulation or 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 V
Interstate Cooperation
The party states agree that:
1. They will, so far as practicable, prefer the making of multilateral contracts pursuant
to article III 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 VI
Agreement Evaluation
The designated state officials of any party states may meet from time to time as a
group to evaluate progress under the agreement, and to formulate recommendations for
changes.
ARTICLE VII
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 VIII
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 specified in their terms.
ARTICLE IX
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.