N.Y. Education Law § 3030: Interstate agreement on qualifications of educational personnel

§ 3030. Interstate agreement on qualifications of educational

personnel. 1. The interstate agreement on qualifications of educational

personnel is hereby enacted into law and entered into with all

jurisdictions legally joining therein in the form substantially as

follows:

INTERSTATE AGREEMENT ON QUALIFICATIONS 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 educational official of a

state selected by that state to negotiate and enter into, on behalf of

this 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 accepts 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 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

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 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 first, nineteen hundred fifty-four.

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 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 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 state 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

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.

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.

2. For the purposes of the agreement set forth in subdivision one of

this section, the "designated state official" for this state shall be

the commissioner of education.

3. Two copies of all contracts made on behalf of this state pursuant

to the agreement set forth in subdivision one of this section shall be

kept on file in the office of the commissioner of education. The

department shall publish all such contracts in convenient form.