Bill Text: IA HF2033 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act establishing the interstate teacher mobility compact.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2024-01-11 - Introduced, referred to Education. H.J. 75. [HF2033 Detail]

Download: Iowa-2023-HF2033-Introduced.html

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House File 2033 - Introduced
HOUSE FILE 2033
BY INGELS
A BILL FOR
An Act establishing the interstate teacher mobility compact.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. NEW SECTION . 272E.1 Interstate teacher mobility
compact.
The interstate teacher mobility compact is hereby entered
into and enacted into law with all jurisdictions legally
joining therein, in the form substantially as follows:
1. Article I —— Purpose. The purpose of this compact is to
facilitate the mobility of teachers across the member states,
with the goal of supporting teachers through a new pathway to
licensure. Through this compact, the member states seek to
establish a collective regulatory framework that expedites
and enhances the ability of teachers to move across state
lines. The member states hereby ratify the same intentions by
subscribing hereto. This compact is intended to achieve all of
the following objectives and should be interpreted accordingly:
a. Create a streamlined pathway to licensure mobility for
teachers.
b. Support the relocation of eligible military spouses.
c. Facilitate and enhance the exchange of licensure,
investigative, and disciplinary information between the member
states.
d. Enhance the power of state and district level education
officials to hire qualified, competent teachers by removing
barriers to the employment of out-of-state teachers.
e. Support the retention of teachers in the profession by
removing barriers to relicensure in a new state.
f. Maintain state sovereignty in the regulation of the
teaching profession.
2. Article II —— Definitions. As used in this compact, and
except as otherwise provided, the following definitions shall
govern the terms herein:
a. “Active military member” means any person with full-time
duty status in the armed forces of the United States, including
members of the national guard and reserve.
b. “Adverse action” means any limitation or restriction
imposed by a member state’s licensing authority, such as
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revocation, suspension, reprimand, probation, or limitation on
the licensee’s ability to work as a teacher.
c. “Bylaws” means those bylaws established by the
commission.
d. “Career and technical education license” means a current,
valid authorization issued by a member state’s licensing
authority allowing an individual to serve as a teacher in
prekindergarten through grade twelve public educational
settings in a specific career and technical education area.
e. “Charter member states” means a member state that
has enacted legislation to adopt this compact where such
legislation predates the initial meeting of the commission
after the effective date of the compact.
f. “Commission” means the interstate administrative body
which membership consists of delegates of all states that have
enacted this compact, and which is known as the interstate
teacher mobility compact commission.
g. “Commissioner” means the delegate of a member state.
h. “Eligible license” means a license to engage in the
teaching profession which requires at least a bachelor’s degree
and the completion of a state-approved program for teacher
licensure.
i. “Eligible military spouse” means the spouse of any
individual in full-time duty status in the active armed
forces of the United States including members of the national
guard and reserve moving as a result of a military mission
or military career progression requirements or are on their
terminal move as a result of separation or retirement,
including surviving spouses of deceased military members.
j. “Executive committee” means a group of commissioners
elected or appointed to act on behalf of, and within the powers
granted to them by, the commission as provided for herein.
k. “Licensing authority” means an official, agency,
board, or other entity of a state that is responsible for
the licensing and regulation of teachers authorized to teach
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in prekindergarten through grade twelve public educational
settings.
l. “Member state” means any state that has adopted this
compact, including all agencies and officials of such a state.
m. “Receiving state” means any state where a teacher has
applied for licensure under this compact.
n. “Rule” means any regulation promulgated by the commission
under this compact, which shall have the force of law in each
member state.
o. “State” means a state, territory, or possession of the
United States, and the District of Columbia.
p. “State practice laws” means a member state’s laws, rules,
and regulations that govern the teaching profession, define the
scope of such profession, and create the methods and grounds
for imposing discipline.
q. “State-specific requirements” means a requirement for
licensure covered in coursework or examination that includes
content of unique interest to the state.
r. “Teacher” means an individual who currently holds an
authorization from a member state that forms the basis for
employment in the prekindergarten through grade twelve public
schools of the state to provide instruction in a specific
subject area, grade level, or student population.
s. “Unencumbered license” means a current, valid
authorization issued by a member state’s licensing authority
allowing an individual to serve as a teacher in prekindergarten
through grade twelve public educational settings. An
“unencumbered license” is not a restricted, probationary,
provisional, substitute, or temporary credential.
3. Article III —— Licensure under the compact.
a. Licensure under this compact pertains only to the initial
grant of a license by the receiving state. Nothing herein
applies to any subsequent or ongoing compliance requirements
that a receiving state might require for teachers.
b. Each member state shall, in accordance with the rules
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of the commission, define, compile, and update as necessary, a
list of eligible licenses and career and technical education
licenses that the member state is willing to consider for
equivalency under this compact and provide the list to the
commission. The list shall include those licenses that a
receiving state is willing to grant to teachers from other
member states, pending a determination of equivalency by the
receiving state’s licensing authority.
c. Upon the receipt of an application for licensure by
a teacher holding an unencumbered eligible license, the
receiving state shall determine which of the receiving state’s
eligible licenses the teacher is qualified to hold and shall
grant such a license or licenses to the applicant. Such a
determination shall be made in the sole discretion of the
receiving state’s licensing authority and may include a
determination that the applicant is not eligible for any of the
receiving state’s eligible licenses. For all teachers who hold
an unencumbered license, the receiving state shall grant one or
more unencumbered licenses that, in the receiving state’s sole
discretion, are equivalent to the licenses held by the teacher
in any other member state.
d. For active military members and eligible military spouses
who hold a license that is not unencumbered, the receiving
state shall grant an equivalent license or licenses that, in
the receiving state’s sole discretion, is equivalent to the
license or licenses held by the teacher in any other member
state, except where the receiving state does not have an
equivalent license.
e. For a teacher holding an unencumbered career and
technical education license, the receiving state shall grant
an unencumbered license equivalent to the career and technical
education license held by the applying teacher and issued by
another member state, as determined by the receiving state
in its sole discretion, except where a career and technical
education teacher does not hold a bachelor’s degree and the
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receiving state requires a bachelor’s degree for licenses to
teach career and technical education. A receiving state may
require career and technical education teachers to meet state
industry recognized requirements, if required by law in the
receiving state.
4. Article IV —— Licensure not under the compact.
a. Except as provided in subsection 3, nothing in this
compact shall be construed to limit or inhibit the power of a
member state to regulate licensure or endorsements overseen by
the member state’s licensing authority.
b. When a teacher is required to renew a license received
pursuant to this compact, the state granting such a license may
require the teacher to complete state-specific requirements as
a condition of licensure renewal or advancement in that state.
c. For the purposes of determining compensation, a receiving
state may require additional information from teachers
receiving a license under the provisions of this compact.
d. Nothing in this compact shall be construed to limit
the power of a member state to control and maintain ownership
of its information pertaining to teachers, or limit the
application of a member state’s laws or regulations governing
the ownership, use, or dissemination of information pertaining
to teachers.
e. Nothing in this compact shall be construed to invalidate
or alter any existing agreement or other cooperative
arrangement which a member state may already be a party to,
or limit the ability of a member state to participate in any
future agreement or other cooperative arrangement to do any of
the following:
(1) Award teaching licenses or other benefits based on
additional professional credentials, including but not limited
to national board certification.
(2) Participate in the exchange of names of teachers whose
license has been subject to an adverse action by a member
state.
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(3) Participate in any agreement or cooperative arrangement
with a nonmember state.
5. Article V —— Teacher qualifications and requirements for
licensure under the compact.
a. Except as provided for active military members or
eligible military spouses in subsection 3, paragraph “d” , a
teacher may only be eligible to receive a license under this
compact where that teacher holds an unencumbered license in a
member state.
b. A teacher eligible to receive a license under this
compact shall do all of the following, unless otherwise
provided for herein:
(1) Upon their application to receive a license under this
compact, undergo a criminal background check in the receiving
state in accordance with the laws and regulations of the
receiving state.
(2) Provide the receiving state with information in
addition to the information required for licensure for the
purposes of determining compensation, if applicable.
6. Article VI —— Discipline and adverse actions.
a. Nothing in this compact shall be deemed or construed
to limit the authority of a member state to investigate or
impose disciplinary measures on teachers according to the state
practice laws thereof.
b. Member states shall be authorized to receive, and shall
provide, files and information regarding the investigation and
discipline, if any, of teachers in other member states upon
request. Any member state receiving such information or files
shall protect and maintain the security and confidentiality
thereof, in at least the same manner that it maintains its own
investigatory or disciplinary files and information. Prior
to disclosing any disciplinary or investigatory information
received from another member state, the disclosing state shall
communicate its intention and purpose for such disclosure to
the member state which originally provided that information.
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7. Article VII —— Establishment of the interstate teacher
mobility compact commission.
a. (1) The interstate compact member states hereby create
and establish a joint public agency known as the interstate
teacher mobility compact commission.
(2) The commission is a joint interstate governmental
agency comprised of states that have enacted the interstate
teacher mobility compact.
(3) Nothing in this interstate compact shall be construed to
be a waiver of sovereign immunity.
b. (1) Each member state shall have and be limited to one
delegate to the commission, who shall be given the title of
commissioner.
(2) The commissioner shall be the primary administrative
officer of the state licensing authority or their designee.
(3) Any commissioner may be removed or suspended from office
as provided by the law of the state from which the commissioner
is appointed.
(4) The member state shall fill any vacancy occurring in the
commission within ninety days.
(5) Each commissioner shall be entitled to one vote about
the promulgation of rules and creation of bylaws and shall
otherwise have an opportunity to participate in the business
and affairs of the commission. A commissioner shall vote in
person or by such other means as provided in the bylaws. The
bylaws may provide for commissioners’ participation in meetings
by telephone or other means of communication.
(6) The commission shall meet at least once during each
calendar year. Additional meetings shall be held as set forth
in the bylaws.
(7) The commission shall establish by rule a term of office
for commissioners.
c. The commission shall have all of the following powers and
duties:
(1) Establish a code of ethics for the commission.
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(2) Establish the fiscal year of the commission.
(3) Establish bylaws for the commission.
(4) Maintain its financial records in accordance with the
bylaws of the commission.
(5) Meet and take such actions as are consistent with the
provisions of this interstate compact, the bylaws, and rules
of the commission.
(6) Promulgate uniform rules to implement and administer
this interstate compact. The rules shall have the force and
effect of law and shall be binding in all member states. In the
event the commission exercises its rulemaking authority in a
manner that is beyond the scope of the purposes of the compact,
or the powers granted hereunder, then such an action by the
commission shall be invalid and have no force and effect of
law.
(7) Bring and prosecute legal proceedings or actions in
the name of the commission, provided that the standing of
any member state licensing authority to sue or be sued under
applicable law shall not be affected.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of personnel
including but not limited to employees of a member state or
an associated nongovernmental organization that is open to
membership by all states.
(10) Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the compact, and
establish the commission’s personnel policies and programs
relating to conflicts of interest, qualifications of personnel,
and other related personnel matters.
(11) Lease, purchase, accept appropriate gifts or donations
of, or otherwise own, hold, improve, or use, any property,
real, personal, or mixed, provided that at all times the
commission shall avoid any appearance of impropriety.
(12) Sell, convey, mortgage, pledge, lease, exchange,
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abandon, or otherwise dispose of any property real, personal,
or mixed.
(13) Establish a budget and make expenditures.
(14) Borrow money.
(15) Appoint committees, including standing committees
composed of members and such other interested persons as may be
designated in this interstate compact, rules, or bylaws.
(16) Provide and receive information from, and cooperate
with, law enforcement agencies.
(17) Establish and elect an executive committee.
(18) Establish and develop a charter for an executive
information governance committee to advise on facilitating
exchange of information; use of information, data privacy, and
technical support needs; and provide reports as needed.
(19) Perform such other functions as may be necessary or
appropriate to achieve the purposes of this interstate compact
consistent with the state regulation of teacher licensure.
(20) Determine whether a state’s adopted language is
materially different from the model compact language such that
the state would not qualify for participation in the compact.
d. (1) The executive committee of the interstate teacher
mobility compact commission shall have the power to act
on behalf of the commission according to the terms of this
interstate compact.
(2) The executive committee shall be composed of the
following eight voting members:
(a) The commission chair, vice chair, and treasurer.
(b) Five members who are elected by the commission from the
current membership:
(i) Four voting members representing geographic regions in
accordance with commission rules.
(ii) One at-large voting member in accordance with
commission rules.
(3) The commission may add or remove members of the
executive committee as provided in commission rules.
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(4) The executive committee shall meet at least once
annually.
(5) The executive committee shall have all of the following
duties and responsibilities:
(a) Recommend to the entire commission changes to the
rules or bylaws, changes to the compact legislation, fees paid
by interstate compact member states such as annual dues, and
any compact fee charged by the member states on behalf of the
commission.
(b) Ensure commission administration services are
appropriately provided, contractual or otherwise.
(c) Prepare and recommend the budget.
(d) Maintain financial records on behalf of the commission.
(e) Monitor compliance of member states and provide reports
to the commission.
(f) Perform other duties as provided in rules or bylaws.
(6) (a) All meetings of the commission shall be open to
the public, and public notice of meetings shall be given in
accordance with commission bylaws.
(b) The commission or the executive committee or other
committees of the commission may convene in a closed, nonpublic
meeting if the commission or executive committee or other
committees of the commission must discuss any of the following:
(i) Noncompliance of a member state with its obligations
under the compact.
(ii) The employment, compensation, discipline or other
matters, practices or procedures related to specific employees
or other matters related to the commission’s internal personnel
practices and procedures.
(iii) Current, threatened, or reasonably anticipated
litigation.
(iv) Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate.
(v) Accusing any person of a crime or formally censuring any
person.
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(vi) Disclosure of trade secrets or commercial or financial
information that is privileged or confidential.
(vii) Disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy.
(viii) Disclosure of investigative records compiled for law
enforcement purposes.
(ix) Disclosure of information related to any investigative
reports prepared by or on behalf of or for use of the
commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant
to the compact.
(x) Matters specifically exempted from disclosure by
federal or member state statute.
(xi) Others matters as set forth by commission bylaws and
rules.
(c) If a meeting, or portion of a meeting, is closed
pursuant to this subsection, the commission’s legal counsel or
designee shall certify that the meeting may be closed and shall
reference each relevant exempting provision.
(d) The commission shall keep minutes of commission
meetings and shall provide a full and accurate summary
of actions taken, and the reasons therefore, including a
description of the views expressed. All documents considered
in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release by a majority vote of the
commission or order of a court of competent jurisdiction.
(7) (a) The commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
organization, and ongoing activities.
(b) The commission may accept all appropriate donations and
grants of money, equipment, supplies, materials, and services,
and receive, utilize, and dispose of the same, provided that
at all times the commission shall avoid any appearance of
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impropriety or conflict of interest.
(c) The commission may levy on and collect an annual
assessment from each member state or impose fees on other
parties to cover the cost of the operations and activities of
the commission, in accordance with the commission rules.
(d) The commission shall not incur obligations of any kind
prior to securing the funds adequate to meet the same; nor
shall the commission pledge the credit of any of the member
states, except by and with the authority of the member state.
(e) The commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements
of the commission shall be subject to accounting procedures
established under commission bylaws. All receipts and
disbursements of funds of the commission shall be reviewed
annually in accordance with commission bylaws, and a report of
the review shall be included in and become part of the annual
report of the commission.
(8) (a) The members, officers, executive director,
employees, and representatives of the commission shall be
immune from suit and liability, either personally or in their
official capacity, for any claim for damage to or loss of
property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error or omission
that occurred, or that the person against whom the claim is
made had a reasonable basis for believing occurred within the
scope of commission employment, duties or responsibilities;
provided that nothing in this subparagraph division shall be
construed to protect any such person from suit or liability
for any damage, loss, injury, or liability caused by the
intentional or willful or wanton misconduct of that person.
(b) The commission shall defend any member, officer,
executive director, employee, or representative of the
commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employment,
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duties, or responsibilities, or that the person against
whom the claim is made had a reasonable basis for believing
occurred within the scope of commission employment, duties, or
responsibilities; provided that nothing in this subparagraph
division shall be construed to prohibit that person from
retaining his or her own counsel; and provided further, that
the actual or alleged act, error, or omission did not result
from that person’s intentional or willful or wanton misconduct.
(c) The commission shall indemnify and hold harmless
any member, officer, executive director, employee, or
representative of the commission for the amount of any
settlement or judgment obtained against that person arising
out of any actual or alleged act, error or omission that
occurred within the scope of commission employment, duties,
or responsibilities, or that such person had a reasonable
basis for believing occurred within the scope of commission
employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from
the intentional or willful or wanton misconduct of that person.
8. Article VIII —— Rulemaking.
a. The commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this interstate compact
and the rules adopted thereunder. Rules and amendments
shall become binding as of the date specified in each rule or
amendment.
b. The commission shall promulgate reasonable rules to
achieve the intent and purpose of this interstate compact. In
the event the commission exercises its rulemaking authority in
a manner that is beyond purpose and intent of this interstate
compact, or the powers granted hereunder, then such an action
by the commission shall be invalid and have no force and effect
of law in the member states.
c. If a majority of the legislatures of the member states
rejects a rule, by enactment of a statute or resolution in the
same manner used to adopt the compact within four years of the
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date of adoption of the rule, then such rule shall have no
further force and effect in any member state.
d. Rules or amendments to the rules shall be adopted or
ratified at a regular or special meeting of the commission in
accordance with commission rules and bylaws.
e. Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule with
forty-eight hours’ notice, with opportunity to comment,
provided that the usual rulemaking procedures shall be
retroactively applied to the rule as soon as reasonably
possible, in no event later than ninety days after the
effective date of the rule. For the purposes of this
provision, an emergency rule is one that must be adopted
immediately in order to do any of the following:
(1) Meet an imminent threat to public health, safety, or
welfare.
(2) Prevent a loss of commission or member state funds.
(3) Meet a deadline for the promulgation of an
administrative rule that is established by federal law or rule.
(4) Protect public health and safety.
9. Article IX —— Facilitating information exchange.
a. The commission shall provide for facilitating the
exchange of information to administer and implement the
provisions of this compact in accordance with the rules of the
commission, consistent with generally accepted data protection
principles.
b. Nothing in this compact shall be deemed or construed to
alter, limit, or inhibit the power of a member state to control
and maintain ownership of its licensee information or alter,
limit, or inhibit the laws or regulations governing licensee
information in the member state.
10. Article X —— Oversight, dispute resolution, and
enforcement.
a. (1) The executive and judicial branches of state
government in each member state shall enforce this compact and
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take all actions necessary and appropriate to effectuate the
compact’s purposes and intent. The provisions of this compact
shall have standing as statutory law.
(2) Venue is proper and judicial proceedings by or against
the commission shall be brought solely and exclusively in a
court of competent jurisdiction where the principal office of
the commission is located. The commission may waive venue and
jurisdictional defenses to the extent it adopts or consents
to participate in alternative dispute resolution proceedings.
Nothing herein shall affect or limit the selection or propriety
of venue in any action against a licensee for professional
malpractice, misconduct, or any such similar matter.
(3) All courts and all administrative agencies shall take
judicial notice of the compact, the rules of the commission,
and any information provided to a member state pursuant thereto
in any judicial or quasi-judicial proceeding in a member state
pertaining to the subject matter of this compact, or which
may affect the powers, responsibilities, or actions of the
commission.
(4) The commission shall be entitled to receive service
of process in any proceeding regarding the enforcement or
interpretation of the compact and shall have standing to
intervene in such a proceeding for all purposes. Failure
to provide the commission service of process shall render a
judgment or order void as to the commission, this compact, or
promulgated rules.
b. If the commission determines that a member state
has defaulted in the performance of its obligations or
responsibilities under this compact or the promulgated rules,
the commission shall do all of the following:
(1) Provide written notice to the defaulting state and other
member states of the nature of the default, the proposed means
of curing the default or any other action to be taken by the
commission.
(2) Provide remedial training and specific technical
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assistance regarding the default.
c. If a state in default fails to cure the default, the
defaulting state may be terminated from the compact upon
an affirmative vote of a majority of the commissioners of
the member states, and all rights, privileges, and benefits
conferred on that state by this compact may be terminated on
the effective date of termination. A cure of the default does
not relieve the offending state of obligations or liabilities
incurred during the period of default.
d. Termination of membership in the compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall
be given by the commission to the governor, the majority and
minority leaders of the defaulting state’s legislature, the
state licensing authority, and each of the member states.
e. A state that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through
the effective date of termination, including obligations that
extend beyond the effective date of termination.
f. The commission shall not bear any costs related to
a state that is found to be in default or that has been
terminated from the compact, unless agreed upon in writing
between the commission and the defaulting state.
g. The defaulting state may appeal the action of the
commission by petitioning the United States district court
for the District of Columbia or the federal district where
the commission has its principal offices. The prevailing
party shall be awarded all costs of such litigation, including
reasonable attorney fees.
h. (1) Upon request by a member state, the commission shall
attempt to resolve disputes related to the compact that arise
among member states and between member and nonmember states.
(2) The commission shall promulgate a rule providing for
both binding and nonbinding alternative dispute resolution for
disputes as appropriate.
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i. (1) The commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this
compact.
(2) By majority vote, the commission may initiate legal
action in the United States district court for the District
of Columbia or the federal district where the commission has
its principal offices against a member state in default to
enforce compliance with the provisions of the compact and its
promulgated rules and bylaws. The relief sought may include
both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be awarded
all costs of such litigation, including reasonable attorney
fees. The remedies herein shall not be the exclusive remedies
of the commission. The commission may pursue any other
remedies available under federal or state law.
11. Article XI —— Effectuation, withdrawal, and amendment.
a. (1) The compact shall come into effect on the date on
which the compact statute is enacted into law in the tenth
member state.
(2) On or after the effective date of the compact, the
commission shall convene and review the enactment of each of
the charter member states to determine if the statute enacted
by each such charter member state is materially different from
the model compact statute.
(3) A charter member state whose enactment is found to be
materially different from the model compact statute shall be
entitled to the default process set forth in subsection 10.
(4) Member states enacting the compact subsequent to the
charter member states shall be subject to the process set forth
in subsection 7, paragraph “c” , subparagraph (20), to determine
if their enactments are materially different from the model
compact statute and whether they qualify for participation in
the compact.
b. If any member state is later found to be in default, or
is terminated or withdraws from the compact, the commission
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shall remain in existence and the compact shall remain in
effect even if the number of member states should be less than
ten.
c. Any state that joins the compact after the commission’s
initial adoption of the rules and bylaws shall be subject to
the rules and bylaws as they exist on the date on which the
compact becomes law in that state. Any rule that has been
previously adopted by the commission shall have the full force
and effect of law on the day the compact becomes law in that
state, as the rules and bylaws may be amended as provided in
this compact.
d. (1) Any member state may withdraw from this compact by
enacting a statute repealing the same.
(2) A member state’s withdrawal shall not take effect until
six months after enactment of the repealing statute.
(3) Withdrawal shall not affect the continuing requirement
of the withdrawing state’s licensing authority to comply with
the investigative and adverse action reporting requirements of
this compact prior to the effective date of withdrawal.
e. This compact may be amended by the member states. No
amendment to this compact shall become effective and binding
upon any member state until it is enacted into the laws of all
member states.
12. Article XII —— Construction and severability. This
compact shall be liberally construed to effectuate the purposes
thereof. The provisions of this compact shall be severable
and if any phrase, clause, sentence, or provision of this
compact is declared to be contrary to the constitution of any
member state or a state seeking membership in the compact,
or of the United States or the applicability thereof to any
other government, agency, person, or circumstance is held
invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person, or
circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any member state,
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the compact shall remain in full force and effect as to the
remaining member states and in full force and effect as to the
member state affected as to all severable matters.
13. Article XIII —— Consistent effect and conflict with other
state laws.
a. Nothing herein shall prevent or inhibit the enforcement
of any other law of a member state that is not inconsistent
with the compact.
b. Any laws, statutes, regulations, or other legal
requirements in a member state in conflict with the compact are
superseded to the extent of the conflict.
c. All permissible agreements between the commission and the
member states are binding in accordance with their terms.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill establishes the interstate teacher mobility
compact. The purpose of the compact is to facilitate the
mobility of teachers across the compact’s member states, with
the goal of supporting teachers through a new pathway to
licensure. The following 10 states have adopted the compact:
Alabama, Colorado, Florida, Kansas, Kentucky, Nebraska, Nevada,
Oklahoma, Oregon, and Utah. Because the terms of the compact
provide that the compact goes into effect when it has been
enacted in the 10th member state, the compact is now in effect.
The bill provides that licensure under the compact pertains
only to the initial grant of a license by the receiving
state. The bill requires member states to compile a list of
eligible licenses and career and technical education licenses
that the member state is willing to consider for equivalency
under the compact and is willing to grant to teachers from
other member states. The bill also requires member states to
grant an eligible license to a teacher holding an unencumbered
eligible license upon the receipt of the teacher’s application
for licensure. The bill provides that, when a teacher is
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required to renew a license received under the compact, the
state granting the license may require the teacher to complete
state-specific requirements as a condition of licensure renewal
or advancement in that state.
The bill provides that the compact does not limit the
authority of a member state to investigate or impose
disciplinary measures on teachers according to the state
practice laws. The bill requires member states to provide
files and information regarding the investigation and
discipline of teachers in other member states upon request.
The bill establishes the interstate teacher mobility compact
commission. The bill also establishes the membership of the
commission as well as the commission’s voting procedures and
rules related to commission meetings. The bill describes the
powers and duties of the commission, which include the power
to establish bylaws for the commission, promulgate rules to
implement the compact, bring legal proceedings in the name
of the commission, borrow money, and determine whether a
state’s adopted language is materially different from the
model compact language such that the state would not qualify
for participation in the compact. The bill authorizes the
commission to levy on and collect an annual assessment from
each member state, or impose fees on other parties, to cover
the cost of operations and activities of the commission.
The bill establishes oversight, default, technical
assistance, termination, dispute resolution, and enforcement
provisions related to the compact. The bill provides that any
state that joins the compact after the commission’s initial
adoption of the rules and bylaws shall be subject to the rules
and bylaws as they exist on the date on which the compact
becomes law in that state. The bill authorizes a member state
to withdraw from the compact by enacting a statute that repeals
the compact.
The bill defines “active military member”, “adverse action”,
“bylaws”, “career and technical education license”, “charter
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member states”, “commission”, “commissioner”, “eligible
license”, “eligible military spouse”, “executive committee”,
“licensing authority”, “member state”, “receiving state”,
“rule”, “state”, “state practice laws”, “state-specific
requirements”, “teacher”, and “unencumbered license”.
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