KRS 161.124: Interstate Agreement on Qualification of Educational Personnel.

The Interstate Agreement on Qualification of Educational Personnel is hereby enacted

into law and entered into with all jurisdictions legally joining therein, in the form

substantially as follows:

ARTICLE I. PURPOSE, FINDINGS, AND POLICY

(1) The states pa rty 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

these 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 these 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 these 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 th is

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 (1)

or more determinations of another state relating to the qualifications of educational

personnel in lieu of making or requiring a like determination tha t 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 a nd its subdivisions, 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 its subdivisions 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 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 A rticle

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 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) Waivers, substitut ions, and conditional acceptance 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 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 qualifyi ng

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 desig nated 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 should 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 V. INTERSTATE COOPERATION

The party states agree that:

(1) They will, so far as practicabl e, 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 state may meet from time to time a s a

group to evaluate progress under the agreement, and to formulate recommendation 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 state s 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 thi s

agreement.

(2) Any party state may withdraw from this agreement by enacting a statute

repealing the agreement, but no withdrawal shall take effect until one (1) year after the

Governor of the withdrawing state has given notice in writing of the withdraw al 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 IX. CONSTRUCTION AND SEVERABILITY

This agreement shall be liberally construed so as to effectuate its purposes. The

provisions of this agreement sh all 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.