TITLE 16

Education

CHAPTER 16-11

Certification of Teachers [See Title 16 Chapter 97 – The Rhode Island

Board Of Education Act]

SECTION 16-11-5



   § 16-11-5  Interstate agreement. –

The interstate agreement on qualification of education personnel is enacted

into law and entered into with all other jurisdictions legally joining therein,

in the form substantially as follows:



   INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL

PERSONNEL

   ARTICLE I

   Purpose, Findings, and Policy

   1. The states party to this agreement, desiring by common

action to improve their respective school systems by utilizing the teacher or

other professional educational person wherever educated, declare that it is the

policy of each of them, on the basis of cooperation with one another, to take

advantage of the preparation and experience of such persons wherever gained,

thereby serving the best interests of society, of education, and of the

teaching profession. It is the purpose of this agreement to provide for the

development and execution of such programs of cooperation as will facilitate

the movement of teachers and other professional educational personnel among the

states party to it, and to authorize specific interstate educational personnel

contracts to achieve that end.



   2. The party states find that included in the large movement

of population among all sections of the nation are many qualified educational

personnel who move for family and other personal reasons but who are hindered

in using their professional skill and experience in their new locations.

Variations from state to state in requirements for qualifying educational

personnel discourage such personnel from taking the steps necessary to qualify

in other states. As a consequence, a significant number of professionally

prepared and experienced educators is lost to our school systems. Facilitating

the employment of qualified educational personnel, without reference to their

states of origin, can increase the available educational resources.

Participation in this compact can increase the availability of educational

manpower.



   ARTICLE II

   Definitions

   As used in this agreement and contracts made pursuant to it,

unless the context clearly requires otherwise:



   1. "Educational personnel" means persons who must meet

requirements pursuant to state law as a condition of employment in educational

programs.



   2. "Designated state official" means the education official

of a state selected by that state to negotiate and enter into, on behalf of his

state, contracts pursuant to this agreement.



   3. "Accept," or any variant thereof, means to recognize and

give effect to one or more determinations of another state relating to the

qualifications of education personnel in lieu of making or requiring a like

determination that would otherwise be required by or pursuant to the laws of a

receiving state.



   4. "State" means a state, territory, or possession of the

United States; the District of Columbia; or the Commonwealth of Puerto Rico.



   5. "Originating state" means a state (and the subdivision

thereof, if any) whose determination that certain educational personnel are

qualified to be employed for specific duties in schools is acceptable in

accordance with the terms of a contract made pursuant to article III.



   6. "Receiving state" means a state (and the subdivisions

thereof) which accept educational personnel in accordance with the terms of a

contract made pursuant to article III.



   ARTICLE III

   Interstate Educational Personnel Contracts

   1. The designated state official of a party state may make

one or more contracts on behalf of his state with one or more other party

states providing for the acceptance of educational personnel. Any such contract

for the period of its duration shall be applicable to and binding on the states

who 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 (5) years but any such contract may be renewed for like

or lesser periods.



   4. Any contract dealing with acceptance of educational

personnel on the basis of their having completed an educational program shall

specify the earliest date or dates on which originating state approval of the

program or programs involved can have occurred. No contract made pursuant to

this agreement shall require acceptance by a receiving state of any persons

qualified because of successful completion of a program prior to January 1,

1954.



   5. The certification or other acceptance of a person who has

been accepted pursuant to the terms of a contract shall not be revoked or

otherwise impaired because the contract has expired or been terminated.

However, any certificate or other qualifying document may be revoked or

suspended on any ground which would be sufficient for revocation or suspension

of a certificate or other qualifying document initially granted or approved in

the receiving state.



   6. A contract committee composed of the designated state

officials of the contracting states or their representatives shall keep the

contract under continuous review, study means of improving its administration,

and report no less frequently than once a year to the heads of the appropriate

education agencies of the contracting states.



   ARTICLE IV

   Approved and Accepted Programs

   1. Nothing in this agreement shall be construed to repeal or

otherwise modify any law or regulation or 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 states 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 (2) 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 (1) 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

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.



History of Section.

(P.L. 1969, ch. 206, § 1.)