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Subchapter 001: INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL
§ 2041. Purpose, findings, and policy—Article I
1. 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. (Added 1969, No. 8, § 1 (Art. I).)
§ 2042. Definitions—Article II
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 or her 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 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 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. (Added 1969, No. 8, § 1 (Art. II).)
§ 2043. Interstate educational personnel contracts—Article III
1. The designated State official of a party State may make one or more contracts on behalf
of his or her State with one 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 he or she finds that there are
programs of education, licensing 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 or her 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 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 license 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 license or other qualifying document
may be revoked or suspended on any ground which would be sufficient for revocation
or suspension of a license 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. (Added 1969, No. 8, § 1 (Art. III); amended 1989, No. 118, § 3.)
§ 2044. Approved and accepted programs—Article IV
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. (Added 1969, No. 8, § 1 (Art. IV).)
§ 2045. Interstate cooperation—Article V
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 licensing and other
elements of educational personnel qualification and for this purpose shall cooperate
with agencies, organizations, and associations interested in licensing and other elements
of educational personnel qualification. (Added 1969, No. 8, § 1 (Art. V); amended 1989, No. 118, § 3.)
§ 2046. Agreement evaluation—Article VI
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. (Added 1969, No. 8, § 1 (Art. VI).)
§ 2047. Other arrangements—Article VII
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. (Added 1969, No. 8, § 1 (Art. VII).)
§ 2048. Effect and withdrawal—Article VIII
1. This Agreement shall become effective when enacted into law by two 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 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. (Added 1969, No. 8, § 1 (Art. VIII).)
§ 2049. Construction and severability—Article IX
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. (Added 1969, No. 8, § 1 (Art. IX).)