2023 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.