NY Educ L § 3030 (2021)
2021 New York Laws EDN - Education Title 4 - Teachers and Pupils Article 61 - Teachers and Supervisory and Administrative Staff 3030 - Interstate Agreement on Qualifications of Educational Personnel.

§ 3030. Interstate   agreement   on   qualifications   of  educational personnel.  1. The interstate agreement on qualifications of educational personnel  is  hereby  enacted  into  law  and  entered  into  with  all jurisdictions  legally  joining  therein  in  the  form substantially as follows:       INTERSTATE AGREEMENT ON QUALIFICATIONS 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  educational  official  of  a state  selected  by that state to negotiate and enter into, on behalf of this 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  accepts  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 first, nineteen hundred fifty-four.   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 within that State.    2. To the extent that contracts made pursuant to this  Agreement  deal with  the  educational  requirements  for  the  proper  qualification of educational  personnel,  acceptance  of   a   program   of   educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.                                  Article V                          Interstate Cooperation    The party States agree that:   1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this Agreement.   2.  They  will  facilitate  and  strengthen  cooperation in interstate certification and other elements of educational personnel  qualification and  for  this purpose shall cooperate with agencies, organizations, and associations  interested  in  certification  and   other   elements   of educational personnel qualification.                                 Article VI                           Agreement Evaluation    The  designated  state officials of any party state may meet from time to time as a group to evaluate progress  under  the  agreement,  and  to formulate 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.   2.  For  the purposes of the agreement set forth in subdivision one of this section, the "designated state official" for this  state  shall  be the commissioner of education.   3.  Two  copies of all contracts made on behalf of this state pursuant to the agreement set forth in subdivision one of this section  shall  be kept  on  file  in  the  office  of  the  commissioner of education. The department shall publish all such contracts in convenient form.