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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 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 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 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 (1)
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 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 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 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, substitutions, 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 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 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 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 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 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 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 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 its purposes. 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.
Effective:July 13, 1990
History: Amended 1990 Ky. Acts ch. 476, Pt. II, sec. 65, effective July 13, 1990. -Created 1970 Ky. Acts ch. 174, sec. 1.
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