KRS § 161.135 — KY Code / Title XIII / Chapter 161 / Section 161.135
161.135 Interstate Teacher Mobility Compact
Status: in_force

161.135 Interstate Teacher Mobility Compact.

ARTICLE 1

Purpose

It is the purpose of this compact 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.

This compact is intended to achieve the following objectives:

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 teacher 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 re-

licensure in a new state; and

F. Maintain state sovereignty in the regulation of the teaching profession.

The member states hereby ratify the same intentions by subscribing hereto.

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

uniformed service 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 on the licensee's ability to work as a teacher, such as revocation,

suspension, reprimand, or probation;

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 preschool through twelfth grade 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 whose 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 an active military member who is

relocating as a result of a military mission, military career progression requirement,

or a terminal move due to separation, retirement, or death of the member;

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 in

preschool through twelfth grade 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 that 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 law, 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 preschool through twelfth

grade public schools of the state to provide instruction in a specific subject area,

grade level, or student population; and

S. "Unencumbered license" means a current, valid eligible license that is not a

restricted, probationary, provisional, substitute, or temporary credential.

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 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 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 (1) or more unencumbered licenses that, in the receiving state's

sole discretion, are equivalent to the license or 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 active military member or eligible military spouse, 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

when a career and technical education teacher does not hold a bachelor's degree and

the 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.

ARTICLE IV

Licensure Not Under the Compact

A. Except as provided in Article III above, 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:

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 licenses have been

subject to an adverse action by a member state; or

3. Participate in any agreement or cooperative arrangement with a non-member

state.

ARTICLE V

Teacher Qualifications and Requirements for Licensure Under the Compact

A. Except as provided for active military members or eligible military spouses in

Article III. D. of this compact, a teacher may only be eligible to receive a license

under this compact when that teacher holds an unencumbered license in a member

state.

B. A teacher eligible to receive a license under this compact, unless otherwise

provided for herein, shall:

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; and

2. Provide the receiving state with information in addition to the information

required for licensure for the purposes of determining compensation, if

applicable.

ARTICLE VI

Discipline/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 that originally provided that information.

ARTICLE VII

Establishment of the Interstate Teacher Mobility Compact Commission

A. The interstate compact member states hereby create and establish a joint public

agency known as the Interstate Teacher Mobility Compact Commission. The

commission is a joint interstate governmental agency composed of states that have

enacted the Interstate Teacher Mobility Compact. Nothing in this interstate compact

shall be construed to be a waiver of sovereign immunity.

B. The membership, voting, and meetings provisions are as follows:

1. Each member state shall have and be limited to one (1) 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 (90) days.

5. Each commissioner shall be entitled to one (1) 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.

C. The commission shall have the following powers and duties:

1. Establish a code of ethics for the commission;

2. Establish the fiscal year of the commission;

3. Establish bylaws for the commission;

4. Maintain 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 the 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, whether real, personal, or mixed, provided

that at all times the commission shall avoid any appearance of impropriety;

12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise

dispose of any property, whether 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; and

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. The Executive Committee of the Interstate Teacher Mobility Compact Commission:

1. Shall have the power to act on behalf of the commission according to the

terms of this interstate compact and the bylaws of the commission;

2. Shall be composed of eight (8) voting members as follows:

a. The commission chair, vice chair, and treasurer; and

b. Five (5) members who are elected by the commission from the current

membership composed of four (4) voting members representing

geographic regions and one (1) at-large voting member in accordance

with commission bylaws;

3. May have its members added or removed by the commission as provided in

commission bylaws;

4. Shall meet at least once annually; and

5. Shall have the following duties and responsibilities:

a. Make recommendations to the entire commission regarding 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; and

f. Perform other duties as provided in the rules or bylaws.

E. Meetings of the Commission:

1. All meetings shall be open to the public, and public notice of meetings shall

be given in accordance with commission bylaws.

2. The commission, the executive committee, or other committees of the

commission may convene in a closed, nonpublic meeting if the commission,

executive committee, or other committees of the commission must discuss:

a. Noncompliance of a member state with its obligations under the

compact;

b. 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;

c. Current, threatened, or reasonably anticipated litigation;

d. Negotiation of contracts for the purchase, lease, or sale of goods,

services, or real estate;

e. Accusing any person of a crime or formally censuring any person;

f. Disclosure of trade secrets or commercial or financial information that is

privileged or confidential;

g. Disclosure of information of a personal nature where disclosure would

constitute a clearly unwarranted invasion of personal privacy;

h. Disclosure of investigative records compiled for law enforcement

purposes;

i. 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;

j. Matters specifically exempted from disclosure by federal or member

state statute; and

k. Other matters as set forth by commission bylaws and rules.

3. If a meeting, or portion of a meeting, is closed pursuant to this section, the

commission’s legal counsel or designee shall certify that the meeting may be

closed and shall reference each relevant exempting provision.

4. The commission shall keep minutes of meetings of the executive committee,

commission, and other committees of the commission and shall provide a full

and accurate summary of actions taken, and the reasons therefor, 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.

F. Financing of the Commission:

1. The commission shall pay, or provide for the payment of, the reasonable

expenses of its establishment, organization, and ongoing activities.

2. 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 impropriety or conflict of interest.

3. 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.

4. 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.

5. 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 commission funds 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.

G. Qualified Immunity, Defense, and Indemnification:

1. 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 paragraph shall be construed to protect any such person from

suit or liability for any damage, loss, injury, or liability caused by the

intentional, willful, or wanton misconduct of that person.

2. 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, 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 herein 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.

3. 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.

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 (4)

years of the 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 (48) hours' notice, with opportunity to

comment, provided that the usual rulemaking procedures shall be retroactively

applied to the rule as soon as reasonably possible, and in no event later than ninety

(90) 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:

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; or

4. Protect public health and safety.

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.

ARTICLE X

Oversight, Dispute Resolution, and Enforcement

A. Oversight:

1. The executive and judicial branches of state government in each member state

shall enforce this compact and 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. Default, Technical Assistance, and Termination:

1. 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 provide:

a. 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; and

b. Remedial training and specific technical assistance regarding the

default.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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’s

fees.

C. Dispute Resolution:

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.

D. Enforcement:

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’s

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.

ARTICLE XI

Effectuation, Withdrawal, and Amendment

A. The compact shall come into effect on the date on which the compact statute is

enacted into law in the tenth member state.

1. 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.

2. 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 Article X.

3. Member states enacting the compact subsequent to the charter member states

shall be subject to the process set forth in Article VII. C. 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 shall remain in existence and the compact shall

remain in effect even if the number of member states should be less than ten (10).

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. Any member state may withdraw from this compact by enacting a statute repealing

the same.

1. A member state’s withdrawal shall not take effect until six (6) months after

enactment of the repealing statute.

2. 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.

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, 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, 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.

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.