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New York Education - Article 61 - § 3030 Interstate Agreement on Qualifications of Educational PersonnelLegal Research Home > New York Laws > New York Education (EDN) > New York Education - Article 61 - § 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.
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Last modified: February 15, 2012 |
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