Pennsylvania Act 1969-96 — "INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL"

Act text

"INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL"
                  Act of Oct. 8, 1969, P.L. 235, No. 96               Cl. 24
                                  AN ACT

     Providing for the entry of the Commonwealth into an interstate
        agreement on qualifications of educational personnel.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The Interstate Agreement on Qualifications of
     Educational Personnel is hereby entered into and enacted into
     law with all jurisdictions legally joining therein, in the form
     substantially as follows:
                  Interstate Agreement on Qualification
                         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 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 subdivisions
     thereof) 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 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 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 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 with
     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
     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 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.
        Section 2.  The "Designated State official" for the
     Commonwealth shall be the Secretary of the Department of
     Education.
        Section 3.  True copies of all contracts made on behalf of
     the Commonwealth shall be kept on file in the Department of
     Education, in the office of the State Board of Education, and in
     the Governor's office.
        Section 4.  This act shall take effect immediately.