2005 Idaho Code - 33-4104 — INTERSTATE COMPACT ON QUALIFICATION OF EDUCATIONAL PERSONNEL

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 41
                             INTERSTATE COMPACTS
    33-4104.  INTERSTATE COMPACT 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 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 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 or origin, 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 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 subdivision thereof) which
accepts education [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 on 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
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 the 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 contracts.
                      ARTICLE V, INTERSTATE COOPERATION.
    The party states agree that:
    (1)  They will, so far as practicable, prefer the making of multi-lateral
contracts pursuant to article III of this agreement.
    (2)  They will facilitate and strengthen cooperation in interstate
certification and other elements of educational personnel qualifications and
for this purpose shall cooperate with agencies, organizations, and
associations interested in certification and other elements of educational
personnel qualifications.
                      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
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.