Bill Text: IA HF2033 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act establishing the interstate teacher mobility compact.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-11 - Introduced, referred to Education. H.J. 75. [HF2033 Detail]
Download: Iowa-2023-HF2033-Introduced.html
House
File
2033
-
Introduced
HOUSE
FILE
2033
BY
INGELS
A
BILL
FOR
An
Act
establishing
the
interstate
teacher
mobility
compact.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
NEW
SECTION
.
272E.1
Interstate
teacher
mobility
1
compact.
2
The
interstate
teacher
mobility
compact
is
hereby
entered
3
into
and
enacted
into
law
with
all
jurisdictions
legally
4
joining
therein,
in
the
form
substantially
as
follows:
5
1.
Article
I
——
Purpose.
The
purpose
of
this
compact
is
to
6
facilitate
the
mobility
of
teachers
across
the
member
states,
7
with
the
goal
of
supporting
teachers
through
a
new
pathway
to
8
licensure.
Through
this
compact,
the
member
states
seek
to
9
establish
a
collective
regulatory
framework
that
expedites
10
and
enhances
the
ability
of
teachers
to
move
across
state
11
lines.
The
member
states
hereby
ratify
the
same
intentions
by
12
subscribing
hereto.
This
compact
is
intended
to
achieve
all
of
13
the
following
objectives
and
should
be
interpreted
accordingly:
14
a.
Create
a
streamlined
pathway
to
licensure
mobility
for
15
teachers.
16
b.
Support
the
relocation
of
eligible
military
spouses.
17
c.
Facilitate
and
enhance
the
exchange
of
licensure,
18
investigative,
and
disciplinary
information
between
the
member
19
states.
20
d.
Enhance
the
power
of
state
and
district
level
education
21
officials
to
hire
qualified,
competent
teachers
by
removing
22
barriers
to
the
employment
of
out-of-state
teachers.
23
e.
Support
the
retention
of
teachers
in
the
profession
by
24
removing
barriers
to
relicensure
in
a
new
state.
25
f.
Maintain
state
sovereignty
in
the
regulation
of
the
26
teaching
profession.
27
2.
Article
II
——
Definitions.
As
used
in
this
compact,
and
28
except
as
otherwise
provided,
the
following
definitions
shall
29
govern
the
terms
herein:
30
a.
“Active
military
member”
means
any
person
with
full-time
31
duty
status
in
the
armed
forces
of
the
United
States,
including
32
members
of
the
national
guard
and
reserve.
33
b.
“Adverse
action”
means
any
limitation
or
restriction
34
imposed
by
a
member
state’s
licensing
authority,
such
as
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revocation,
suspension,
reprimand,
probation,
or
limitation
on
1
the
licensee’s
ability
to
work
as
a
teacher.
2
c.
“Bylaws”
means
those
bylaws
established
by
the
3
commission.
4
d.
“Career
and
technical
education
license”
means
a
current,
5
valid
authorization
issued
by
a
member
state’s
licensing
6
authority
allowing
an
individual
to
serve
as
a
teacher
in
7
prekindergarten
through
grade
twelve
public
educational
8
settings
in
a
specific
career
and
technical
education
area.
9
e.
“Charter
member
states”
means
a
member
state
that
10
has
enacted
legislation
to
adopt
this
compact
where
such
11
legislation
predates
the
initial
meeting
of
the
commission
12
after
the
effective
date
of
the
compact.
13
f.
“Commission”
means
the
interstate
administrative
body
14
which
membership
consists
of
delegates
of
all
states
that
have
15
enacted
this
compact,
and
which
is
known
as
the
interstate
16
teacher
mobility
compact
commission.
17
g.
“Commissioner”
means
the
delegate
of
a
member
state.
18
h.
“Eligible
license”
means
a
license
to
engage
in
the
19
teaching
profession
which
requires
at
least
a
bachelor’s
degree
20
and
the
completion
of
a
state-approved
program
for
teacher
21
licensure.
22
i.
“Eligible
military
spouse”
means
the
spouse
of
any
23
individual
in
full-time
duty
status
in
the
active
armed
24
forces
of
the
United
States
including
members
of
the
national
25
guard
and
reserve
moving
as
a
result
of
a
military
mission
26
or
military
career
progression
requirements
or
are
on
their
27
terminal
move
as
a
result
of
separation
or
retirement,
28
including
surviving
spouses
of
deceased
military
members.
29
j.
“Executive
committee”
means
a
group
of
commissioners
30
elected
or
appointed
to
act
on
behalf
of,
and
within
the
powers
31
granted
to
them
by,
the
commission
as
provided
for
herein.
32
k.
“Licensing
authority”
means
an
official,
agency,
33
board,
or
other
entity
of
a
state
that
is
responsible
for
34
the
licensing
and
regulation
of
teachers
authorized
to
teach
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in
prekindergarten
through
grade
twelve
public
educational
1
settings.
2
l.
“Member
state”
means
any
state
that
has
adopted
this
3
compact,
including
all
agencies
and
officials
of
such
a
state.
4
m.
“Receiving
state”
means
any
state
where
a
teacher
has
5
applied
for
licensure
under
this
compact.
6
n.
“Rule”
means
any
regulation
promulgated
by
the
commission
7
under
this
compact,
which
shall
have
the
force
of
law
in
each
8
member
state.
9
o.
“State”
means
a
state,
territory,
or
possession
of
the
10
United
States,
and
the
District
of
Columbia.
11
p.
“State
practice
laws”
means
a
member
state’s
laws,
rules,
12
and
regulations
that
govern
the
teaching
profession,
define
the
13
scope
of
such
profession,
and
create
the
methods
and
grounds
14
for
imposing
discipline.
15
q.
“State-specific
requirements”
means
a
requirement
for
16
licensure
covered
in
coursework
or
examination
that
includes
17
content
of
unique
interest
to
the
state.
18
r.
“Teacher”
means
an
individual
who
currently
holds
an
19
authorization
from
a
member
state
that
forms
the
basis
for
20
employment
in
the
prekindergarten
through
grade
twelve
public
21
schools
of
the
state
to
provide
instruction
in
a
specific
22
subject
area,
grade
level,
or
student
population.
23
s.
“Unencumbered
license”
means
a
current,
valid
24
authorization
issued
by
a
member
state’s
licensing
authority
25
allowing
an
individual
to
serve
as
a
teacher
in
prekindergarten
26
through
grade
twelve
public
educational
settings.
An
27
“unencumbered
license”
is
not
a
restricted,
probationary,
28
provisional,
substitute,
or
temporary
credential.
29
3.
Article
III
——
Licensure
under
the
compact.
30
a.
Licensure
under
this
compact
pertains
only
to
the
initial
31
grant
of
a
license
by
the
receiving
state.
Nothing
herein
32
applies
to
any
subsequent
or
ongoing
compliance
requirements
33
that
a
receiving
state
might
require
for
teachers.
34
b.
Each
member
state
shall,
in
accordance
with
the
rules
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of
the
commission,
define,
compile,
and
update
as
necessary,
a
1
list
of
eligible
licenses
and
career
and
technical
education
2
licenses
that
the
member
state
is
willing
to
consider
for
3
equivalency
under
this
compact
and
provide
the
list
to
the
4
commission.
The
list
shall
include
those
licenses
that
a
5
receiving
state
is
willing
to
grant
to
teachers
from
other
6
member
states,
pending
a
determination
of
equivalency
by
the
7
receiving
state’s
licensing
authority.
8
c.
Upon
the
receipt
of
an
application
for
licensure
by
9
a
teacher
holding
an
unencumbered
eligible
license,
the
10
receiving
state
shall
determine
which
of
the
receiving
state’s
11
eligible
licenses
the
teacher
is
qualified
to
hold
and
shall
12
grant
such
a
license
or
licenses
to
the
applicant.
Such
a
13
determination
shall
be
made
in
the
sole
discretion
of
the
14
receiving
state’s
licensing
authority
and
may
include
a
15
determination
that
the
applicant
is
not
eligible
for
any
of
the
16
receiving
state’s
eligible
licenses.
For
all
teachers
who
hold
17
an
unencumbered
license,
the
receiving
state
shall
grant
one
or
18
more
unencumbered
licenses
that,
in
the
receiving
state’s
sole
19
discretion,
are
equivalent
to
the
licenses
held
by
the
teacher
20
in
any
other
member
state.
21
d.
For
active
military
members
and
eligible
military
spouses
22
who
hold
a
license
that
is
not
unencumbered,
the
receiving
23
state
shall
grant
an
equivalent
license
or
licenses
that,
in
24
the
receiving
state’s
sole
discretion,
is
equivalent
to
the
25
license
or
licenses
held
by
the
teacher
in
any
other
member
26
state,
except
where
the
receiving
state
does
not
have
an
27
equivalent
license.
28
e.
For
a
teacher
holding
an
unencumbered
career
and
29
technical
education
license,
the
receiving
state
shall
grant
30
an
unencumbered
license
equivalent
to
the
career
and
technical
31
education
license
held
by
the
applying
teacher
and
issued
by
32
another
member
state,
as
determined
by
the
receiving
state
33
in
its
sole
discretion,
except
where
a
career
and
technical
34
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
1
teach
career
and
technical
education.
A
receiving
state
may
2
require
career
and
technical
education
teachers
to
meet
state
3
industry
recognized
requirements,
if
required
by
law
in
the
4
receiving
state.
5
4.
Article
IV
——
Licensure
not
under
the
compact.
6
a.
Except
as
provided
in
subsection
3,
nothing
in
this
7
compact
shall
be
construed
to
limit
or
inhibit
the
power
of
a
8
member
state
to
regulate
licensure
or
endorsements
overseen
by
9
the
member
state’s
licensing
authority.
10
b.
When
a
teacher
is
required
to
renew
a
license
received
11
pursuant
to
this
compact,
the
state
granting
such
a
license
may
12
require
the
teacher
to
complete
state-specific
requirements
as
13
a
condition
of
licensure
renewal
or
advancement
in
that
state.
14
c.
For
the
purposes
of
determining
compensation,
a
receiving
15
state
may
require
additional
information
from
teachers
16
receiving
a
license
under
the
provisions
of
this
compact.
17
d.
Nothing
in
this
compact
shall
be
construed
to
limit
18
the
power
of
a
member
state
to
control
and
maintain
ownership
19
of
its
information
pertaining
to
teachers,
or
limit
the
20
application
of
a
member
state’s
laws
or
regulations
governing
21
the
ownership,
use,
or
dissemination
of
information
pertaining
22
to
teachers.
23
e.
Nothing
in
this
compact
shall
be
construed
to
invalidate
24
or
alter
any
existing
agreement
or
other
cooperative
25
arrangement
which
a
member
state
may
already
be
a
party
to,
26
or
limit
the
ability
of
a
member
state
to
participate
in
any
27
future
agreement
or
other
cooperative
arrangement
to
do
any
of
28
the
following:
29
(1)
Award
teaching
licenses
or
other
benefits
based
on
30
additional
professional
credentials,
including
but
not
limited
31
to
national
board
certification.
32
(2)
Participate
in
the
exchange
of
names
of
teachers
whose
33
license
has
been
subject
to
an
adverse
action
by
a
member
34
state.
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(3)
Participate
in
any
agreement
or
cooperative
arrangement
1
with
a
nonmember
state.
2
5.
Article
V
——
Teacher
qualifications
and
requirements
for
3
licensure
under
the
compact.
4
a.
Except
as
provided
for
active
military
members
or
5
eligible
military
spouses
in
subsection
3,
paragraph
“d”
,
a
6
teacher
may
only
be
eligible
to
receive
a
license
under
this
7
compact
where
that
teacher
holds
an
unencumbered
license
in
a
8
member
state.
9
b.
A
teacher
eligible
to
receive
a
license
under
this
10
compact
shall
do
all
of
the
following,
unless
otherwise
11
provided
for
herein:
12
(1)
Upon
their
application
to
receive
a
license
under
this
13
compact,
undergo
a
criminal
background
check
in
the
receiving
14
state
in
accordance
with
the
laws
and
regulations
of
the
15
receiving
state.
16
(2)
Provide
the
receiving
state
with
information
in
17
addition
to
the
information
required
for
licensure
for
the
18
purposes
of
determining
compensation,
if
applicable.
19
6.
Article
VI
——
Discipline
and
adverse
actions.
20
a.
Nothing
in
this
compact
shall
be
deemed
or
construed
21
to
limit
the
authority
of
a
member
state
to
investigate
or
22
impose
disciplinary
measures
on
teachers
according
to
the
state
23
practice
laws
thereof.
24
b.
Member
states
shall
be
authorized
to
receive,
and
shall
25
provide,
files
and
information
regarding
the
investigation
and
26
discipline,
if
any,
of
teachers
in
other
member
states
upon
27
request.
Any
member
state
receiving
such
information
or
files
28
shall
protect
and
maintain
the
security
and
confidentiality
29
thereof,
in
at
least
the
same
manner
that
it
maintains
its
own
30
investigatory
or
disciplinary
files
and
information.
Prior
31
to
disclosing
any
disciplinary
or
investigatory
information
32
received
from
another
member
state,
the
disclosing
state
shall
33
communicate
its
intention
and
purpose
for
such
disclosure
to
34
the
member
state
which
originally
provided
that
information.
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7.
Article
VII
——
Establishment
of
the
interstate
teacher
1
mobility
compact
commission.
2
a.
(1)
The
interstate
compact
member
states
hereby
create
3
and
establish
a
joint
public
agency
known
as
the
interstate
4
teacher
mobility
compact
commission.
5
(2)
The
commission
is
a
joint
interstate
governmental
6
agency
comprised
of
states
that
have
enacted
the
interstate
7
teacher
mobility
compact.
8
(3)
Nothing
in
this
interstate
compact
shall
be
construed
to
9
be
a
waiver
of
sovereign
immunity.
10
b.
(1)
Each
member
state
shall
have
and
be
limited
to
one
11
delegate
to
the
commission,
who
shall
be
given
the
title
of
12
commissioner.
13
(2)
The
commissioner
shall
be
the
primary
administrative
14
officer
of
the
state
licensing
authority
or
their
designee.
15
(3)
Any
commissioner
may
be
removed
or
suspended
from
office
16
as
provided
by
the
law
of
the
state
from
which
the
commissioner
17
is
appointed.
18
(4)
The
member
state
shall
fill
any
vacancy
occurring
in
the
19
commission
within
ninety
days.
20
(5)
Each
commissioner
shall
be
entitled
to
one
vote
about
21
the
promulgation
of
rules
and
creation
of
bylaws
and
shall
22
otherwise
have
an
opportunity
to
participate
in
the
business
23
and
affairs
of
the
commission.
A
commissioner
shall
vote
in
24
person
or
by
such
other
means
as
provided
in
the
bylaws.
The
25
bylaws
may
provide
for
commissioners’
participation
in
meetings
26
by
telephone
or
other
means
of
communication.
27
(6)
The
commission
shall
meet
at
least
once
during
each
28
calendar
year.
Additional
meetings
shall
be
held
as
set
forth
29
in
the
bylaws.
30
(7)
The
commission
shall
establish
by
rule
a
term
of
office
31
for
commissioners.
32
c.
The
commission
shall
have
all
of
the
following
powers
and
33
duties:
34
(1)
Establish
a
code
of
ethics
for
the
commission.
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2033
(2)
Establish
the
fiscal
year
of
the
commission.
1
(3)
Establish
bylaws
for
the
commission.
2
(4)
Maintain
its
financial
records
in
accordance
with
the
3
bylaws
of
the
commission.
4
(5)
Meet
and
take
such
actions
as
are
consistent
with
the
5
provisions
of
this
interstate
compact,
the
bylaws,
and
rules
6
of
the
commission.
7
(6)
Promulgate
uniform
rules
to
implement
and
administer
8
this
interstate
compact.
The
rules
shall
have
the
force
and
9
effect
of
law
and
shall
be
binding
in
all
member
states.
In
the
10
event
the
commission
exercises
its
rulemaking
authority
in
a
11
manner
that
is
beyond
the
scope
of
the
purposes
of
the
compact,
12
or
the
powers
granted
hereunder,
then
such
an
action
by
the
13
commission
shall
be
invalid
and
have
no
force
and
effect
of
14
law.
15
(7)
Bring
and
prosecute
legal
proceedings
or
actions
in
16
the
name
of
the
commission,
provided
that
the
standing
of
17
any
member
state
licensing
authority
to
sue
or
be
sued
under
18
applicable
law
shall
not
be
affected.
19
(8)
Purchase
and
maintain
insurance
and
bonds.
20
(9)
Borrow,
accept,
or
contract
for
services
of
personnel
21
including
but
not
limited
to
employees
of
a
member
state
or
22
an
associated
nongovernmental
organization
that
is
open
to
23
membership
by
all
states.
24
(10)
Hire
employees,
elect
or
appoint
officers,
fix
25
compensation,
define
duties,
grant
such
individuals
appropriate
26
authority
to
carry
out
the
purposes
of
the
compact,
and
27
establish
the
commission’s
personnel
policies
and
programs
28
relating
to
conflicts
of
interest,
qualifications
of
personnel,
29
and
other
related
personnel
matters.
30
(11)
Lease,
purchase,
accept
appropriate
gifts
or
donations
31
of,
or
otherwise
own,
hold,
improve,
or
use,
any
property,
32
real,
personal,
or
mixed,
provided
that
at
all
times
the
33
commission
shall
avoid
any
appearance
of
impropriety.
34
(12)
Sell,
convey,
mortgage,
pledge,
lease,
exchange,
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abandon,
or
otherwise
dispose
of
any
property
real,
personal,
1
or
mixed.
2
(13)
Establish
a
budget
and
make
expenditures.
3
(14)
Borrow
money.
4
(15)
Appoint
committees,
including
standing
committees
5
composed
of
members
and
such
other
interested
persons
as
may
be
6
designated
in
this
interstate
compact,
rules,
or
bylaws.
7
(16)
Provide
and
receive
information
from,
and
cooperate
8
with,
law
enforcement
agencies.
9
(17)
Establish
and
elect
an
executive
committee.
10
(18)
Establish
and
develop
a
charter
for
an
executive
11
information
governance
committee
to
advise
on
facilitating
12
exchange
of
information;
use
of
information,
data
privacy,
and
13
technical
support
needs;
and
provide
reports
as
needed.
14
(19)
Perform
such
other
functions
as
may
be
necessary
or
15
appropriate
to
achieve
the
purposes
of
this
interstate
compact
16
consistent
with
the
state
regulation
of
teacher
licensure.
17
(20)
Determine
whether
a
state’s
adopted
language
is
18
materially
different
from
the
model
compact
language
such
that
19
the
state
would
not
qualify
for
participation
in
the
compact.
20
d.
(1)
The
executive
committee
of
the
interstate
teacher
21
mobility
compact
commission
shall
have
the
power
to
act
22
on
behalf
of
the
commission
according
to
the
terms
of
this
23
interstate
compact.
24
(2)
The
executive
committee
shall
be
composed
of
the
25
following
eight
voting
members:
26
(a)
The
commission
chair,
vice
chair,
and
treasurer.
27
(b)
Five
members
who
are
elected
by
the
commission
from
the
28
current
membership:
29
(i)
Four
voting
members
representing
geographic
regions
in
30
accordance
with
commission
rules.
31
(ii)
One
at-large
voting
member
in
accordance
with
32
commission
rules.
33
(3)
The
commission
may
add
or
remove
members
of
the
34
executive
committee
as
provided
in
commission
rules.
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(4)
The
executive
committee
shall
meet
at
least
once
1
annually.
2
(5)
The
executive
committee
shall
have
all
of
the
following
3
duties
and
responsibilities:
4
(a)
Recommend
to
the
entire
commission
changes
to
the
5
rules
or
bylaws,
changes
to
the
compact
legislation,
fees
paid
6
by
interstate
compact
member
states
such
as
annual
dues,
and
7
any
compact
fee
charged
by
the
member
states
on
behalf
of
the
8
commission.
9
(b)
Ensure
commission
administration
services
are
10
appropriately
provided,
contractual
or
otherwise.
11
(c)
Prepare
and
recommend
the
budget.
12
(d)
Maintain
financial
records
on
behalf
of
the
commission.
13
(e)
Monitor
compliance
of
member
states
and
provide
reports
14
to
the
commission.
15
(f)
Perform
other
duties
as
provided
in
rules
or
bylaws.
16
(6)
(a)
All
meetings
of
the
commission
shall
be
open
to
17
the
public,
and
public
notice
of
meetings
shall
be
given
in
18
accordance
with
commission
bylaws.
19
(b)
The
commission
or
the
executive
committee
or
other
20
committees
of
the
commission
may
convene
in
a
closed,
nonpublic
21
meeting
if
the
commission
or
executive
committee
or
other
22
committees
of
the
commission
must
discuss
any
of
the
following:
23
(i)
Noncompliance
of
a
member
state
with
its
obligations
24
under
the
compact.
25
(ii)
The
employment,
compensation,
discipline
or
other
26
matters,
practices
or
procedures
related
to
specific
employees
27
or
other
matters
related
to
the
commission’s
internal
personnel
28
practices
and
procedures.
29
(iii)
Current,
threatened,
or
reasonably
anticipated
30
litigation.
31
(iv)
Negotiation
of
contracts
for
the
purchase,
lease,
or
32
sale
of
goods,
services,
or
real
estate.
33
(v)
Accusing
any
person
of
a
crime
or
formally
censuring
any
34
person.
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(vi)
Disclosure
of
trade
secrets
or
commercial
or
financial
1
information
that
is
privileged
or
confidential.
2
(vii)
Disclosure
of
information
of
a
personal
nature
where
3
disclosure
would
constitute
a
clearly
unwarranted
invasion
of
4
personal
privacy.
5
(viii)
Disclosure
of
investigative
records
compiled
for
law
6
enforcement
purposes.
7
(ix)
Disclosure
of
information
related
to
any
investigative
8
reports
prepared
by
or
on
behalf
of
or
for
use
of
the
9
commission
or
other
committee
charged
with
responsibility
of
10
investigation
or
determination
of
compliance
issues
pursuant
11
to
the
compact.
12
(x)
Matters
specifically
exempted
from
disclosure
by
13
federal
or
member
state
statute.
14
(xi)
Others
matters
as
set
forth
by
commission
bylaws
and
15
rules.
16
(c)
If
a
meeting,
or
portion
of
a
meeting,
is
closed
17
pursuant
to
this
subsection,
the
commission’s
legal
counsel
or
18
designee
shall
certify
that
the
meeting
may
be
closed
and
shall
19
reference
each
relevant
exempting
provision.
20
(d)
The
commission
shall
keep
minutes
of
commission
21
meetings
and
shall
provide
a
full
and
accurate
summary
22
of
actions
taken,
and
the
reasons
therefore,
including
a
23
description
of
the
views
expressed.
All
documents
considered
24
in
connection
with
an
action
shall
be
identified
in
such
25
minutes.
All
minutes
and
documents
of
a
closed
meeting
shall
26
remain
under
seal,
subject
to
release
by
a
majority
vote
of
the
27
commission
or
order
of
a
court
of
competent
jurisdiction.
28
(7)
(a)
The
commission
shall
pay,
or
provide
for
the
29
payment
of,
the
reasonable
expenses
of
its
establishment,
30
organization,
and
ongoing
activities.
31
(b)
The
commission
may
accept
all
appropriate
donations
and
32
grants
of
money,
equipment,
supplies,
materials,
and
services,
33
and
receive,
utilize,
and
dispose
of
the
same,
provided
that
34
at
all
times
the
commission
shall
avoid
any
appearance
of
35
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impropriety
or
conflict
of
interest.
1
(c)
The
commission
may
levy
on
and
collect
an
annual
2
assessment
from
each
member
state
or
impose
fees
on
other
3
parties
to
cover
the
cost
of
the
operations
and
activities
of
4
the
commission,
in
accordance
with
the
commission
rules.
5
(d)
The
commission
shall
not
incur
obligations
of
any
kind
6
prior
to
securing
the
funds
adequate
to
meet
the
same;
nor
7
shall
the
commission
pledge
the
credit
of
any
of
the
member
8
states,
except
by
and
with
the
authority
of
the
member
state.
9
(e)
The
commission
shall
keep
accurate
accounts
of
all
10
receipts
and
disbursements.
The
receipts
and
disbursements
11
of
the
commission
shall
be
subject
to
accounting
procedures
12
established
under
commission
bylaws.
All
receipts
and
13
disbursements
of
funds
of
the
commission
shall
be
reviewed
14
annually
in
accordance
with
commission
bylaws,
and
a
report
of
15
the
review
shall
be
included
in
and
become
part
of
the
annual
16
report
of
the
commission.
17
(8)
(a)
The
members,
officers,
executive
director,
18
employees,
and
representatives
of
the
commission
shall
be
19
immune
from
suit
and
liability,
either
personally
or
in
their
20
official
capacity,
for
any
claim
for
damage
to
or
loss
of
21
property
or
personal
injury
or
other
civil
liability
caused
by
22
or
arising
out
of
any
actual
or
alleged
act,
error
or
omission
23
that
occurred,
or
that
the
person
against
whom
the
claim
is
24
made
had
a
reasonable
basis
for
believing
occurred
within
the
25
scope
of
commission
employment,
duties
or
responsibilities;
26
provided
that
nothing
in
this
subparagraph
division
shall
be
27
construed
to
protect
any
such
person
from
suit
or
liability
28
for
any
damage,
loss,
injury,
or
liability
caused
by
the
29
intentional
or
willful
or
wanton
misconduct
of
that
person.
30
(b)
The
commission
shall
defend
any
member,
officer,
31
executive
director,
employee,
or
representative
of
the
32
commission
in
any
civil
action
seeking
to
impose
liability
33
arising
out
of
any
actual
or
alleged
act,
error,
or
omission
34
that
occurred
within
the
scope
of
commission
employment,
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duties,
or
responsibilities,
or
that
the
person
against
1
whom
the
claim
is
made
had
a
reasonable
basis
for
believing
2
occurred
within
the
scope
of
commission
employment,
duties,
or
3
responsibilities;
provided
that
nothing
in
this
subparagraph
4
division
shall
be
construed
to
prohibit
that
person
from
5
retaining
his
or
her
own
counsel;
and
provided
further,
that
6
the
actual
or
alleged
act,
error,
or
omission
did
not
result
7
from
that
person’s
intentional
or
willful
or
wanton
misconduct.
8
(c)
The
commission
shall
indemnify
and
hold
harmless
9
any
member,
officer,
executive
director,
employee,
or
10
representative
of
the
commission
for
the
amount
of
any
11
settlement
or
judgment
obtained
against
that
person
arising
12
out
of
any
actual
or
alleged
act,
error
or
omission
that
13
occurred
within
the
scope
of
commission
employment,
duties,
14
or
responsibilities,
or
that
such
person
had
a
reasonable
15
basis
for
believing
occurred
within
the
scope
of
commission
16
employment,
duties,
or
responsibilities,
provided
that
the
17
actual
or
alleged
act,
error,
or
omission
did
not
result
from
18
the
intentional
or
willful
or
wanton
misconduct
of
that
person.
19
8.
Article
VIII
——
Rulemaking.
20
a.
The
commission
shall
exercise
its
rulemaking
powers
21
pursuant
to
the
criteria
set
forth
in
this
interstate
compact
22
and
the
rules
adopted
thereunder.
Rules
and
amendments
23
shall
become
binding
as
of
the
date
specified
in
each
rule
or
24
amendment.
25
b.
The
commission
shall
promulgate
reasonable
rules
to
26
achieve
the
intent
and
purpose
of
this
interstate
compact.
In
27
the
event
the
commission
exercises
its
rulemaking
authority
in
28
a
manner
that
is
beyond
purpose
and
intent
of
this
interstate
29
compact,
or
the
powers
granted
hereunder,
then
such
an
action
30
by
the
commission
shall
be
invalid
and
have
no
force
and
effect
31
of
law
in
the
member
states.
32
c.
If
a
majority
of
the
legislatures
of
the
member
states
33
rejects
a
rule,
by
enactment
of
a
statute
or
resolution
in
the
34
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
1
further
force
and
effect
in
any
member
state.
2
d.
Rules
or
amendments
to
the
rules
shall
be
adopted
or
3
ratified
at
a
regular
or
special
meeting
of
the
commission
in
4
accordance
with
commission
rules
and
bylaws.
5
e.
Upon
determination
that
an
emergency
exists,
the
6
commission
may
consider
and
adopt
an
emergency
rule
with
7
forty-eight
hours’
notice,
with
opportunity
to
comment,
8
provided
that
the
usual
rulemaking
procedures
shall
be
9
retroactively
applied
to
the
rule
as
soon
as
reasonably
10
possible,
in
no
event
later
than
ninety
days
after
the
11
effective
date
of
the
rule.
For
the
purposes
of
this
12
provision,
an
emergency
rule
is
one
that
must
be
adopted
13
immediately
in
order
to
do
any
of
the
following:
14
(1)
Meet
an
imminent
threat
to
public
health,
safety,
or
15
welfare.
16
(2)
Prevent
a
loss
of
commission
or
member
state
funds.
17
(3)
Meet
a
deadline
for
the
promulgation
of
an
18
administrative
rule
that
is
established
by
federal
law
or
rule.
19
(4)
Protect
public
health
and
safety.
20
9.
Article
IX
——
Facilitating
information
exchange.
21
a.
The
commission
shall
provide
for
facilitating
the
22
exchange
of
information
to
administer
and
implement
the
23
provisions
of
this
compact
in
accordance
with
the
rules
of
the
24
commission,
consistent
with
generally
accepted
data
protection
25
principles.
26
b.
Nothing
in
this
compact
shall
be
deemed
or
construed
to
27
alter,
limit,
or
inhibit
the
power
of
a
member
state
to
control
28
and
maintain
ownership
of
its
licensee
information
or
alter,
29
limit,
or
inhibit
the
laws
or
regulations
governing
licensee
30
information
in
the
member
state.
31
10.
Article
X
——
Oversight,
dispute
resolution,
and
32
enforcement.
33
a.
(1)
The
executive
and
judicial
branches
of
state
34
government
in
each
member
state
shall
enforce
this
compact
and
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take
all
actions
necessary
and
appropriate
to
effectuate
the
1
compact’s
purposes
and
intent.
The
provisions
of
this
compact
2
shall
have
standing
as
statutory
law.
3
(2)
Venue
is
proper
and
judicial
proceedings
by
or
against
4
the
commission
shall
be
brought
solely
and
exclusively
in
a
5
court
of
competent
jurisdiction
where
the
principal
office
of
6
the
commission
is
located.
The
commission
may
waive
venue
and
7
jurisdictional
defenses
to
the
extent
it
adopts
or
consents
8
to
participate
in
alternative
dispute
resolution
proceedings.
9
Nothing
herein
shall
affect
or
limit
the
selection
or
propriety
10
of
venue
in
any
action
against
a
licensee
for
professional
11
malpractice,
misconduct,
or
any
such
similar
matter.
12
(3)
All
courts
and
all
administrative
agencies
shall
take
13
judicial
notice
of
the
compact,
the
rules
of
the
commission,
14
and
any
information
provided
to
a
member
state
pursuant
thereto
15
in
any
judicial
or
quasi-judicial
proceeding
in
a
member
state
16
pertaining
to
the
subject
matter
of
this
compact,
or
which
17
may
affect
the
powers,
responsibilities,
or
actions
of
the
18
commission.
19
(4)
The
commission
shall
be
entitled
to
receive
service
20
of
process
in
any
proceeding
regarding
the
enforcement
or
21
interpretation
of
the
compact
and
shall
have
standing
to
22
intervene
in
such
a
proceeding
for
all
purposes.
Failure
23
to
provide
the
commission
service
of
process
shall
render
a
24
judgment
or
order
void
as
to
the
commission,
this
compact,
or
25
promulgated
rules.
26
b.
If
the
commission
determines
that
a
member
state
27
has
defaulted
in
the
performance
of
its
obligations
or
28
responsibilities
under
this
compact
or
the
promulgated
rules,
29
the
commission
shall
do
all
of
the
following:
30
(1)
Provide
written
notice
to
the
defaulting
state
and
other
31
member
states
of
the
nature
of
the
default,
the
proposed
means
32
of
curing
the
default
or
any
other
action
to
be
taken
by
the
33
commission.
34
(2)
Provide
remedial
training
and
specific
technical
35
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assistance
regarding
the
default.
1
c.
If
a
state
in
default
fails
to
cure
the
default,
the
2
defaulting
state
may
be
terminated
from
the
compact
upon
3
an
affirmative
vote
of
a
majority
of
the
commissioners
of
4
the
member
states,
and
all
rights,
privileges,
and
benefits
5
conferred
on
that
state
by
this
compact
may
be
terminated
on
6
the
effective
date
of
termination.
A
cure
of
the
default
does
7
not
relieve
the
offending
state
of
obligations
or
liabilities
8
incurred
during
the
period
of
default.
9
d.
Termination
of
membership
in
the
compact
shall
be
imposed
10
only
after
all
other
means
of
securing
compliance
have
been
11
exhausted.
Notice
of
intent
to
suspend
or
terminate
shall
12
be
given
by
the
commission
to
the
governor,
the
majority
and
13
minority
leaders
of
the
defaulting
state’s
legislature,
the
14
state
licensing
authority,
and
each
of
the
member
states.
15
e.
A
state
that
has
been
terminated
is
responsible
for
all
16
assessments,
obligations,
and
liabilities
incurred
through
17
the
effective
date
of
termination,
including
obligations
that
18
extend
beyond
the
effective
date
of
termination.
19
f.
The
commission
shall
not
bear
any
costs
related
to
20
a
state
that
is
found
to
be
in
default
or
that
has
been
21
terminated
from
the
compact,
unless
agreed
upon
in
writing
22
between
the
commission
and
the
defaulting
state.
23
g.
The
defaulting
state
may
appeal
the
action
of
the
24
commission
by
petitioning
the
United
States
district
court
25
for
the
District
of
Columbia
or
the
federal
district
where
26
the
commission
has
its
principal
offices.
The
prevailing
27
party
shall
be
awarded
all
costs
of
such
litigation,
including
28
reasonable
attorney
fees.
29
h.
(1)
Upon
request
by
a
member
state,
the
commission
shall
30
attempt
to
resolve
disputes
related
to
the
compact
that
arise
31
among
member
states
and
between
member
and
nonmember
states.
32
(2)
The
commission
shall
promulgate
a
rule
providing
for
33
both
binding
and
nonbinding
alternative
dispute
resolution
for
34
disputes
as
appropriate.
35
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i.
(1)
The
commission,
in
the
reasonable
exercise
of
its
1
discretion,
shall
enforce
the
provisions
and
rules
of
this
2
compact.
3
(2)
By
majority
vote,
the
commission
may
initiate
legal
4
action
in
the
United
States
district
court
for
the
District
5
of
Columbia
or
the
federal
district
where
the
commission
has
6
its
principal
offices
against
a
member
state
in
default
to
7
enforce
compliance
with
the
provisions
of
the
compact
and
its
8
promulgated
rules
and
bylaws.
The
relief
sought
may
include
9
both
injunctive
relief
and
damages.
In
the
event
judicial
10
enforcement
is
necessary,
the
prevailing
party
shall
be
awarded
11
all
costs
of
such
litigation,
including
reasonable
attorney
12
fees.
The
remedies
herein
shall
not
be
the
exclusive
remedies
13
of
the
commission.
The
commission
may
pursue
any
other
14
remedies
available
under
federal
or
state
law.
15
11.
Article
XI
——
Effectuation,
withdrawal,
and
amendment.
16
a.
(1)
The
compact
shall
come
into
effect
on
the
date
on
17
which
the
compact
statute
is
enacted
into
law
in
the
tenth
18
member
state.
19
(2)
On
or
after
the
effective
date
of
the
compact,
the
20
commission
shall
convene
and
review
the
enactment
of
each
of
21
the
charter
member
states
to
determine
if
the
statute
enacted
22
by
each
such
charter
member
state
is
materially
different
from
23
the
model
compact
statute.
24
(3)
A
charter
member
state
whose
enactment
is
found
to
be
25
materially
different
from
the
model
compact
statute
shall
be
26
entitled
to
the
default
process
set
forth
in
subsection
10.
27
(4)
Member
states
enacting
the
compact
subsequent
to
the
28
charter
member
states
shall
be
subject
to
the
process
set
forth
29
in
subsection
7,
paragraph
“c”
,
subparagraph
(20),
to
determine
30
if
their
enactments
are
materially
different
from
the
model
31
compact
statute
and
whether
they
qualify
for
participation
in
32
the
compact.
33
b.
If
any
member
state
is
later
found
to
be
in
default,
or
34
is
terminated
or
withdraws
from
the
compact,
the
commission
35
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shall
remain
in
existence
and
the
compact
shall
remain
in
1
effect
even
if
the
number
of
member
states
should
be
less
than
2
ten.
3
c.
Any
state
that
joins
the
compact
after
the
commission’s
4
initial
adoption
of
the
rules
and
bylaws
shall
be
subject
to
5
the
rules
and
bylaws
as
they
exist
on
the
date
on
which
the
6
compact
becomes
law
in
that
state.
Any
rule
that
has
been
7
previously
adopted
by
the
commission
shall
have
the
full
force
8
and
effect
of
law
on
the
day
the
compact
becomes
law
in
that
9
state,
as
the
rules
and
bylaws
may
be
amended
as
provided
in
10
this
compact.
11
d.
(1)
Any
member
state
may
withdraw
from
this
compact
by
12
enacting
a
statute
repealing
the
same.
13
(2)
A
member
state’s
withdrawal
shall
not
take
effect
until
14
six
months
after
enactment
of
the
repealing
statute.
15
(3)
Withdrawal
shall
not
affect
the
continuing
requirement
16
of
the
withdrawing
state’s
licensing
authority
to
comply
with
17
the
investigative
and
adverse
action
reporting
requirements
of
18
this
compact
prior
to
the
effective
date
of
withdrawal.
19
e.
This
compact
may
be
amended
by
the
member
states.
No
20
amendment
to
this
compact
shall
become
effective
and
binding
21
upon
any
member
state
until
it
is
enacted
into
the
laws
of
all
22
member
states.
23
12.
Article
XII
——
Construction
and
severability.
This
24
compact
shall
be
liberally
construed
to
effectuate
the
purposes
25
thereof.
The
provisions
of
this
compact
shall
be
severable
26
and
if
any
phrase,
clause,
sentence,
or
provision
of
this
27
compact
is
declared
to
be
contrary
to
the
constitution
of
any
28
member
state
or
a
state
seeking
membership
in
the
compact,
29
or
of
the
United
States
or
the
applicability
thereof
to
any
30
other
government,
agency,
person,
or
circumstance
is
held
31
invalid,
the
validity
of
the
remainder
of
this
compact
and
the
32
applicability
thereof
to
any
government,
agency,
person,
or
33
circumstance
shall
not
be
affected
thereby.
If
this
compact
34
shall
be
held
contrary
to
the
constitution
of
any
member
state,
35
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the
compact
shall
remain
in
full
force
and
effect
as
to
the
1
remaining
member
states
and
in
full
force
and
effect
as
to
the
2
member
state
affected
as
to
all
severable
matters.
3
13.
Article
XIII
——
Consistent
effect
and
conflict
with
other
4
state
laws.
5
a.
Nothing
herein
shall
prevent
or
inhibit
the
enforcement
6
of
any
other
law
of
a
member
state
that
is
not
inconsistent
7
with
the
compact.
8
b.
Any
laws,
statutes,
regulations,
or
other
legal
9
requirements
in
a
member
state
in
conflict
with
the
compact
are
10
superseded
to
the
extent
of
the
conflict.
11
c.
All
permissible
agreements
between
the
commission
and
the
12
member
states
are
binding
in
accordance
with
their
terms.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
establishes
the
interstate
teacher
mobility
17
compact.
The
purpose
of
the
compact
is
to
facilitate
the
18
mobility
of
teachers
across
the
compact’s
member
states,
with
19
the
goal
of
supporting
teachers
through
a
new
pathway
to
20
licensure.
The
following
10
states
have
adopted
the
compact:
21
Alabama,
Colorado,
Florida,
Kansas,
Kentucky,
Nebraska,
Nevada,
22
Oklahoma,
Oregon,
and
Utah.
Because
the
terms
of
the
compact
23
provide
that
the
compact
goes
into
effect
when
it
has
been
24
enacted
in
the
10th
member
state,
the
compact
is
now
in
effect.
25
The
bill
provides
that
licensure
under
the
compact
pertains
26
only
to
the
initial
grant
of
a
license
by
the
receiving
27
state.
The
bill
requires
member
states
to
compile
a
list
of
28
eligible
licenses
and
career
and
technical
education
licenses
29
that
the
member
state
is
willing
to
consider
for
equivalency
30
under
the
compact
and
is
willing
to
grant
to
teachers
from
31
other
member
states.
The
bill
also
requires
member
states
to
32
grant
an
eligible
license
to
a
teacher
holding
an
unencumbered
33
eligible
license
upon
the
receipt
of
the
teacher’s
application
34
for
licensure.
The
bill
provides
that,
when
a
teacher
is
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required
to
renew
a
license
received
under
the
compact,
the
1
state
granting
the
license
may
require
the
teacher
to
complete
2
state-specific
requirements
as
a
condition
of
licensure
renewal
3
or
advancement
in
that
state.
4
The
bill
provides
that
the
compact
does
not
limit
the
5
authority
of
a
member
state
to
investigate
or
impose
6
disciplinary
measures
on
teachers
according
to
the
state
7
practice
laws.
The
bill
requires
member
states
to
provide
8
files
and
information
regarding
the
investigation
and
9
discipline
of
teachers
in
other
member
states
upon
request.
10
The
bill
establishes
the
interstate
teacher
mobility
compact
11
commission.
The
bill
also
establishes
the
membership
of
the
12
commission
as
well
as
the
commission’s
voting
procedures
and
13
rules
related
to
commission
meetings.
The
bill
describes
the
14
powers
and
duties
of
the
commission,
which
include
the
power
15
to
establish
bylaws
for
the
commission,
promulgate
rules
to
16
implement
the
compact,
bring
legal
proceedings
in
the
name
17
of
the
commission,
borrow
money,
and
determine
whether
a
18
state’s
adopted
language
is
materially
different
from
the
19
model
compact
language
such
that
the
state
would
not
qualify
20
for
participation
in
the
compact.
The
bill
authorizes
the
21
commission
to
levy
on
and
collect
an
annual
assessment
from
22
each
member
state,
or
impose
fees
on
other
parties,
to
cover
23
the
cost
of
operations
and
activities
of
the
commission.
24
The
bill
establishes
oversight,
default,
technical
25
assistance,
termination,
dispute
resolution,
and
enforcement
26
provisions
related
to
the
compact.
The
bill
provides
that
any
27
state
that
joins
the
compact
after
the
commission’s
initial
28
adoption
of
the
rules
and
bylaws
shall
be
subject
to
the
rules
29
and
bylaws
as
they
exist
on
the
date
on
which
the
compact
30
becomes
law
in
that
state.
The
bill
authorizes
a
member
state
31
to
withdraw
from
the
compact
by
enacting
a
statute
that
repeals
32
the
compact.
33
The
bill
defines
“active
military
member”,
“adverse
action”,
34
“bylaws”,
“career
and
technical
education
license”,
“charter
35
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member
states”,
“commission”,
“commissioner”,
“eligible
1
license”,
“eligible
military
spouse”,
“executive
committee”,
2
“licensing
authority”,
“member
state”,
“receiving
state”,
3
“rule”,
“state”,
“state
practice
laws”,
“state-specific
4
requirements”,
“teacher”,
and
“unencumbered
license”.
5
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