1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 361 By: Pugh | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to teachers; creating the Interstate | | Teacher Mobility Compact Act; providing short title; | 8| providing purpose; defining terms; providing | | applicability; requiring compact member states to | 9| compile and update list of certain licenses; | | providing for the granting of certain licensure or | 10| certification; providing certain construction; | | allowing a member state to make certain requirements; | 11| providing process for certain teacher to receive a | | license or certification; authorizing member states | 12| to provide certain information; providing for | | creation of the Interstate Teacher Mobility Compact | 13| Commission; providing for membership; providing | | frequency of meetings; providing for terms of office; | 14| providing for powers and duties; providing for an | | executive committee of the Commission; providing for | 15| membership; providing for frequency of meetings; | | providing powers and duties; providing for payment of | 16| certain expenses; allowing the Commission to collect | | certain annual assessment or impose fees; providing | 17| immunity from liability for certain individuals | | associated with the Commission; providing for defense | 18| against certain civil actions; providing for | | promulgation of Commission rules; providing for | 19| enforcement of the compact; directing the Commission | | to take certain actions upon determination of default | 20| of a member state; providing for enactment of | | compact; providing for severability; providing for | 21| codification; providing an effective date; and | | declaring an emergency. | 22| | | | 23| | | | 24| | | | Req. No. 560 Page 1 ___________________________________________________________________________
1|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 2| SECTION 1. NEW LAW A new section of law to be codified | | | 3|in the Oklahoma Statutes as Section 6-190.3 of Title 70, unless | | | 4|there is created a duplication in numbering, reads as follows: | | | 5| A. This act shall be known and may be cited as the "Interstate | | | 6|Teacher Mobility Compact Act". The purpose of the Interstate | | | 7|Teacher Mobility Compact shall be to facilitate the mobility of | | | 8|teachers through a collective regulatory framework amongst member | | | 9|states to expedite and enhance the ability of teachers to move | | | 10|across state lines. | | | 11| B. As used in this act: | | | 12| 1. "Active military member" means any person with full-time | | | 13|duty status in the uniformed service of the United States including | | | 14|members of the National Guard and Reserve; | | | 15| 2. "Adverse action" means any limitation or restriction imposed | | | 16|by a member state's licensing authority, such as revocation, | | | 17|suspension, reprimand, probation, or limitation on the licensee's | | | 18|ability to work as a teacher; | | | 19| 3. "Bylaws" means those bylaws established by the Commission; | | | 20| 4. "Career and technical education license" means a current, | | | 21|valid authorization issued by a member state's licensing authority | | | 22|allowing an individual to serve as a teacher in a pre-kindergarten | | | 23|through twelfth grade public educational setting in a specific | | | 24|career and technical education area; | | | Req. No. 560 Page 2 ___________________________________________________________________________
1| 5. "Charter member state" means a member state that has enacted | | | 2|legislation to adopt the compact and enactment predates the initial | | | 3|meeting of the Commission after the effective date of the compact; | | | 4| 6. "Commission" means the Interstate Teacher Mobility Compact | | | 5|Commission, an interstate administrative body whose membership | | | 6|consists of delegates of all states that have enacted the Interstate | | | 7|Teacher Mobility Compact; | | | 8| 7. "Commissioner" means the delegate of a member state that has | | | 9|adopted the Interstate Teacher Mobility Compact; | | | 10| 8. "Eligible license" means a license or certification to | | | 11|engage in the teaching profession which requires at least a | | | 12|bachelor's degree and the completion of a state-approved program for | | | 13|teacher certification; | | | 14| 9. "Eligible military spouse" means the spouse of any | | | 15|individual in full-time duty status in the active uniformed service | | | 16|of the United States including members of the National Guard and | | | 17|Reserve on active duty moving as a result of a military mission or | | | 18|military career progression requirements or moving as a result of | | | 19|separation or retirement. Eligible military spouse includes | | | 20|surviving spouses of deceased military members; | | | 21| 10. "Executive committee" means a group of commissioners | | | 22|elected or appointed on behalf of and within the powers granted to | | | 23|them by the Commission as provided for herein; | | | 24| | | | Req. No. 560 Page 3 ___________________________________________________________________________
1| 11. "Licensing authority" means an official agency, board, or | | | 2|other entity of a state that is responsible for the licensing or | | | 3|certification and regulation of teachers authorized to teach in | | | 4|pre-kindergarten through twelfth grade public educational settings; | | | 5| 12. "Member state" means any state that has adopted the | | | 6|Interstate Teacher Mobility Compact including all agencies and | | | 7|officials of the state; | | | 8| 13. "Receiving state" means any state in which a teacher has | | | 9|applied for certification pursuant to the Interstate Teacher | | | 10|Mobility Compact; | | | 11| 14. "Rule" means any regulation promulgated by the Commission | | | 12|under the Interstate Teacher Mobility Compact, which shall have the | | | 13|force of law in each member state; | | | 14| 15. "State practice laws" means a member state's laws, rules, | | | 15|and regulations that govern the teaching profession, define the | | | 16|scope of the teaching profession, and create methods and grounds for | | | 17|imposing discipline; | | | 18| 16. "State specific requirements" means a requirement for | | | 19|teacher certification covered in coursework or examination that | | | 20|includes the content of unique interest to the state; | | | 21| 17. "Teacher" means an individual who currently holds an | | | 22|authorization from a member state that forms the basis for | | | 23|employment in the pre-kindergarten through twelfth grade public | | | 24| | | | Req. No. 560 Page 4 ___________________________________________________________________________
1|educational settings of the state to provide instruction in a | | | 2|specific subject area, grade level, or student population; and | | | 3| 18. "Unencumbered license" means a current, valid authorization | | | 4|issued by a member state's licensing authority allowing an | | | 5|individual to serve as a teacher in a pre-kindergarten through | | | 6|twelfth grade public educational setting. An unencumbered license | | | 7|is not a restricted, probationary, provisional, substitute, | | | 8|emergency, or temporary credential. | | | 9| C. 1. Licensure pursuant to the Interstate Teacher Mobility | | | 10|Compact shall pertain only to the initial grant of a license or | | | 11|certificate by the receiving state. Nothing herein shall apply to | | | 12|any subsequent or ongoing compliance requirements that a receiving | | | 13|state may require for teachers. | | | 14| 2. Each member state shall, in accordance with the rules of the | | | 15|Commission, define, compile, and update as necessary a list of | | | 16|eligible licenses and career and technical education licenses that | | | 17|the member state is willing to consider for equivalency pursuant to | | | 18|the Interstate Teacher Mobility Compact and provide a list to the | | | 19|Commission. The list shall include those licenses that a receiving | | | 20|state is willing to grant to teachers from other member states, | | | 21|pending a determination of equivalency by the receiving state's | | | 22|licensing authority. | | | 23| 3. Upon receipt of an application for licensure or | | | 24|certification by a teacher holding an unencumbered eligible license, | | | Req. No. 560 Page 5 ___________________________________________________________________________
1|the receiving state shall determine which of the receiving state's | | | 2|eligible licenses the teacher is qualified to hold and shall grant | | | 3|the license(s) or certification(s) to the applicant. The | | | 4|determination shall be made in the sole discretion of the receiving | | | 5|state's licensing authority and may include a determination that the | | | 6|applicant is not eligible for any of the receiving state's eligible | | | 7|licenses. For all teachers who hold an unencumbered license, the | | | 8|receiving state shall grant one or more unencumbered licenses that, | | | 9|in the receiving state's sole discretion, are equivalent to the | | | 10|license(s) held by the teacher in any other member state. | | | 11| 4. For active military members and eligible military spouses | | | 12|who hold a license or certification that is not unencumbered, the | | | 13|receiving state shall grant an equivalent license or licenses that, | | | 14|in the receiving state's sole discretion, are equivalent to the | | | 15|license or licenses held by the teacher in any other member state, | | | 16|except where the receiving state does not have an equivalent license | | | 17|or certification. | | | 18| 5. For a teacher holding an unencumbered career and technical | | | 19|education license, the receiving state shall grant an unencumbered | | | 20|license equivalent to the career and technical education license | | | 21|held by the applying teacher and issued by another member state, as | | | 22|determined by the receiving state in its sole discretion, except | | | 23|where a career and technical education teacher does not hold a | | | 24|bachelor's degree and the receiving state requires a bachelor's | | | Req. No. 560 Page 6 ___________________________________________________________________________
1|degree for licenses to teach career and technical education. A | | | 2|receiving state may require career and technical education teachers | | | 3|to meet state industry recognized requirements, if required by law | | | 4|in the receiving state. | | | 5| D. 1. Except as provided for in subsection C of this section, | | | 6|nothing in the Interstate Teacher Mobility Compact shall be | | | 7|construed to limit or inhibit the authority of a member state to | | | 8|regulate licensure or endorsements overseen by a member state's | | | 9|licensing authority. | | | 10| 2. When a teacher is required to renew a license or | | | 11|certification pursuant to the Interstate Teacher Mobility Compact, | | | 12|the state granting the license or certification may require the | | | 13|teacher to complete state specific requirements as a condition of | | | 14|license or certification renewal or advancement in that state. | | | 15| 3. For the purposes of determining compensation, a receiving | | | 16|state may require additional information from teachers receiving a | | | 17|license or certification pursuant to the provisions of the | | | 18|Interstate Teacher Mobility Compact. | | | 19| 4. Nothing in the Interstate Teacher Mobility Compact shall be | | | 20|construed to limit the power of a member state to control and | | | 21|maintain ownership of its information pertaining to teachers or | | | 22|limit the application of a member state's laws or regulations | | | 23|governing the ownership, use, or dissemination of information | | | 24|pertaining to teachers. | | | Req. No. 560 Page 7 ___________________________________________________________________________
1| 5. Nothing in the Interstate Teacher Mobility Compact shall be | | | 2|construed to invalidate or alter any existing agreement or another | | | 3|cooperative arrangement of which a member state may already be a | | | 4|party or limit the ability of a member state to participate in any | | | 5|future agreement or other cooperative arrangement to: | | | 6| a. award teaching licenses, certification, or other | | | 7| benefits based on additional professional credentials | | | 8| including but not limited to a National Board | | | 9| Certification, | | | 10| b. participate in the exchange of names of teachers | | | 11| whose license or certification has been subject to an | | | 12| adverse action by a member state, or | | | 13| c. participate in any agreement or cooperative | | | 14| arrangement with a non-member state. | | | 15| E. 1. Except as provided for active military members or | | | 16|eligible military spouses in paragraph 4 of subsection C of this | | | 17|section, a teacher may only be eligible to receive a license or | | | 18|certification pursuant to the Interstate Teacher Mobility Compact | | | 19|where that teacher holds an unencumbered license or certification in | | | 20|a member state. | | | 21| 2. A teacher eligible to receive a license or certification | | | 22|pursuant to the Interstate Teacher Mobility Compact shall, unless | | | 23|otherwise provided for herein: | | | 24| | | | Req. No. 560 Page 8 ___________________________________________________________________________
1| a. upon his or her application to receive a license or | | | 2| certification pursuant to the Interstate Teacher | | | 3| Mobility Compact, undergo a criminal background check | | | 4| in the receiving state in accordance with the laws and | | | 5| regulations of the receiving state, and | | | 6| b. provide the receiving state with information in | | | 7| addition to the information required for licensure or | | | 8| certification for the purposes of determining | | | 9| compensation, if applicable. | | | 10| F. 1. Nothing in the Interstate Teacher Mobility Compact shall | | | 11|be deemed or construed to limit the authority of a member state to | | | 12|investigate or impose disciplinary measures on teachers according to | | | 13|the state's practice laws. | | | 14| 2. Member states shall be authorized to receive and shall | | | 15|provide files and information regarding the investigation and | | | 16|discipline, if any, of teachers in other member states upon request. | | | 17| Any member state receiving information or files shall protect and | | | 18|maintain the security and confidentiality thereof in at least the | | | 19|same manner that it maintains its own investigatory or disciplinary | | | 20|files and information. Prior to disclosing any disciplinary or | | | 21|investigatory information received from another member state, the | | | 22|disclosing state shall communicate its intention and purpose for | | | 23|disclosure to the member state which originally provided the | | | 24|information. | | | Req. No. 560 Page 9 ___________________________________________________________________________
1| SECTION 2. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 6-190.4 of Title 70, unless | | | 3|there is created a duplication in numbering, reads as follows: | | | 4| A. The member states of the Interstate Teacher Mobility Compact | | | 5|hereby create and establish a joint public agency known as the | | | 6|Interstate Teacher Mobility Compact Commission. The Commission | | | 7|shall be a joint interstate governmental agency comprised of states | | | 8|that have enacted the Interstate Teacher Mobility Compact. Nothing | | | 9|in the Interstate Teacher Mobility Compact shall be construed as a | | | 10|waiver of sovereign immunity. | | | 11| B. 1. Each member state shall have and be limited to one | | | 12|delegate to the Commission, who shall be given the title of | | | 13|commissioner and shall be the primary administrative officer of the | | | 14|state licensing authority or his or her designee. | | | 15| 2. Any commissioner may be removed or suspended from office as | | | 16|provided by the law of the state from which the commissioner is | | | 17|appointed. The member state shall fill any vacancy occurring in the | | | 18|Commission within ninety (90) days. | | | 19| 3. Each commissioner shall be entitled to one vote on the | | | 20|promulgation of rules and the creation of bylaws and shall otherwise | | | 21|have an opportunity to participate in the business and affairs of | | | 22|the Commission. A commissioner shall vote in person or by other | | | 23|means as provided for in the bylaws. The bylaws may provide for | | | 24| | | | Req. No. 560 Page 10 ___________________________________________________________________________
1|commissioners' participation in meetings by telephone or other means | | | 2|of communication. | | | 3| 4. The Commission shall meet at least once during each calendar | | | 4|year. Additional meetings shall be held as set forth in the bylaws. | | | 5| 5. The Commission shall establish by rule a term of office for | | | 6|commissioners. | | | 7| C. The Commission shall have the following powers and duties: | | | 8| 1. Establish a code of ethics for the Commission; | | | 9| 2. Establish the fiscal year of the Commission; | | | 10| 3. Establish bylaws for the Commission; | | | 11| 4. Maintain its financial records in accordance with the bylaws | | | 12|of the Commission; | | | 13| 5. Meet and take such actions as are consistent with the | | | 14|provisions of the Interstate Teacher Mobility Compact, the bylaws, | | | 15|and the rules of the Commission; | | | 16| 6. Promulgate uniform rules to implement and administer the | | | 17|Interstate Teacher Mobility Compact. The rules shall have the force | | | 18|and effect of law and shall be binding on all member states. In the | | | 19|event the Commission exercises its rule-making authority in a manner | | | 20|that is beyond the scope of the purposes of the compact or the | | | 21|powers thereunder, then such action by the Commission shall be | | | 22|invalid and shall have no force and effect of law; | | | 23| 7. Bring and prosecute legal proceedings or actions in the name | | | 24|of the Commission, provided that the standing of any member state | | | Req. No. 560 Page 11 ___________________________________________________________________________
1|licensing authority to sue or be sued under applicable law shall not | | | 2|be affected; | | | 3| 8. Purchase and maintain insurance bonds; | | | 4| 9. Borrow, accept, or contract for services of personnel | | | 5|including but not limited to employees of a member state or an | | | 6|associated non-governmental organization that is open to membership | | | 7|by all states; | | | 8| 10. Hire employees, elect or appoint officers, fix | | | 9|compensation, define duties, grant individuals appropriate authority | | | 10|to carry out the purposes of the Interstate Teacher Mobility | | | 11|Compact, and establish the Commission's personnel policies and | | | 12|programs relating to conflicts of interest, qualifications for | | | 13|personnel, and other related personnel matters; | | | 14| 11. Lease, purchase, accept appropriate gifts or donations, or | | | 15|otherwise own, hold, improve, or use any real, personal, or mixed | | | 16|property, provided that at all times the Commission shall avoid any | | | 17|appearance of impropriety; | | | 18| 12. Sell, convey, mortgage, pledge, lease, exchange, abandon, | | | 19|or otherwise dispose of any real, personal, or mixed property; | | | 20| 13. Establish a budget and make expenditures; | | | 21| 14. Borrow money; | | | 22| 15. Appoint committees, including standing committees comprised | | | 23|of members and other interested persons as may be designated in the | | | 24|Interstate Teacher Mobility Compact or Commission rules or bylaws; | | | Req. No. 560 Page 12 ___________________________________________________________________________
1| 16. Provide and receive information from and cooperate with law | | | 2|enforcement agencies; | | | 3| 17. Establish and elect an executive committee; | | | 4| 18. Establish and develop a charter for an executive | | | 5|information governance committee to advise on facilitating exchange | | | 6|of information, use of information, data privacy, and technical | | | 7|support needs and provide reports as needed; | | | 8| 19. Perform such other functions as may be necessary or | | | 9|appropriate to achieve the purposes of the Interstate Teacher | | | 10|Mobility Compact consistent with the state regulation of teacher | | | 11|licensure; and | | | 12| 20. Determine whether a state's adopted language is materially | | | 13|different from the model compact language in such a way that the | | | 14|state would not qualify for participation in the Interstate Teacher | | | 15|Mobility Compact. | | | 16| D. The executive committee of the Interstate Teacher Mobility | | | 17|Compact shall have the power to act on behalf of the Commission | | | 18|according to the terms of the compact. | | | 19| 1. The executive committee shall be comprised of eight (8) | | | 20|voting members including: | | | 21| a. the Commission chair, vice chair, and treasurer, and | | | 22| b. five members who are elected by the Commission from | | | 23| its membership including: | | | 24| | | | Req. No. 560 Page 13 ___________________________________________________________________________
1| (1) four voting members representing geographic | | | 2| regions in accordance with Commission rules, and | | | 3| (2) one at large voting member in accordance with | | | 4| Commission rules. | | | 5| 2. The Commission may add or remove members of the executive | | | 6|committee as provided for in Commission rules. | | | 7| 3. The executive committee shall meet at least once annually. | | | 8| 4. The executive committee shall have the following duties and | | | 9|responsibilities: | | | 10| a. recommend to the entire Commission changes to the | | | 11| rules or bylaws, changes to the Interstate Teacher | | | 12| Mobility Compact legislation, fees to be paid by | | | 13| compact member states such as annual dues, and any | | | 14| compact fee charged by the member states on behalf of | | | 15| the commission, | | | 16| b. ensure Commission administration services are | | | 17| appropriately provided, contractual or otherwise, | | | 18| c. prepare and recommend the budget, | | | 19| d. maintain financial records on behalf of the | | | 20| Commission, | | | 21| e. monitor compliance of member states and provide | | | 22| reports to the Commission, and | | | 23| f. perform other duties as provided in rules or bylaws. | | | 24| | | | Req. No. 560 Page 14 ___________________________________________________________________________
1| 5. All Commission meetings shall be open to the public, and | | | 2|public notice of meetings shall be given in accordance with | | | 3|Commission bylaws. Provided, however, the Commission, its executive | | | 4|committee, or other committees of the Commission may convene in a | | | 5|closed, non-public meeting if the Commission, its executive | | | 6|committee, or other committees of the Commission discuss: | | | 7| a. non-compliance of a member state with its obligations | | | 8| under the Interstate Teacher Mobility Compact, | | | 9| b. the employment, compensation, discipline, or other | | | 10| matters, practices, or procedures related to specific | | | 11| employees or other matters related to the Commission's | | | 12| internal personnel practices or procedures, | | | 13| c. current, threatened, or reasonably anticipated | | | 14| litigation, | | | 15| d. negotiation of contracts for the purchase, lease, or | | | 16| sale of goods, services, or real estate, | | | 17| e. accusing any person of a crime or formally censuring | | | 18| any person, | | | 19| f. disclosure of trade secrets or commercial or | | | 20| financial information that is privileged or | | | 21| confidential, | | | 22| g. disclosure of information of a personal nature where | | | 23| disclosure would constitute a clearly unwarranted | | | 24| invasion of personal privacy, | | | Req. No. 560 Page 15 ___________________________________________________________________________
1| h. disclosure of investigative records compiled for law | | | 2| enforcement purposes, | | | 3| i. disclosure of information related to any | | | 4| investigative reports prepared by or on behalf of or | | | 5| for the use of the Commission or other committees | | | 6| charged with responsibility of investigating and | | | 7| determining compliance issues pursuant to the | | | 8| Interstate Teacher Mobility Compact, | | | 9| j. matters specifically exempted from disclosure by | | | 10| federal or member state statute, and | | | 11| k. other matters as set forth by the Commission bylaws | | | 12| and rules. | | | 13| 6. If a meeting or portion of a meeting is closed pursuant to | | | 14|the provisions of paragraph 5 of this subsection, the Commission's | | | 15|legal counsel or designee shall certify that the meeting may be | | | 16|closed and shall reference each relevant exempting provision. | | | 17| 7. The Commission shall keep minutes of the Commission meetings | | | 18|and shall provide a full and accurate summary of actions taken and | | | 19|the reasons for the actions including a description of the views | | | 20|expressed. All documents considered in connection with an action | | | 21|shall be identified in the minutes. All minutes and documents of a | | | 22|closed meeting shall remain under seal, subject to release by a | | | 23|majority vote of the Commission or an order of a court of competent | | | 24|jurisdiction. | | | Req. No. 560 Page 16 ___________________________________________________________________________
1| E. 1. The Commission shall pay or provide for the payment of | | | 2|the reasonable expenses of its establishment, organization, and | | | 3|ongoing activities. | | | 4| 2. The Commission may accept all appropriate donations and | | | 5|grants of money, equipment, supplies, materials, and services and | | | 6|receive, utilize, and dispose of the same, provided that at all | | | 7|times the Commission shall avoid any appearance of impropriety or | | | 8|conflict of interest. | | | 9| 3. The Commission may levy on and collect an annual assessment | | | 10|from each member state or impose fees on other parties to cover the | | | 11|cost of the operations and activities of the Commission, in | | | 12|accordance with Commission rules. | | | 13| 4. The Commission shall not incur obligations of any kind prior | | | 14|to securing the funds adequate to meet the same, nor shall the | | | 15|Commission pledge the credit of any of the member states, except by | | | 16|and with the authority of the member state. | | | 17| 5. The Commission shall keep accurate accounts of all receipts | | | 18|and disbursements. The receipts and disbursements of the Commission | | | 19|shall be subject to accounting procedures established under | | | 20|Commission bylaws. All receipts and disbursements of funds of the | | | 21|Commission shall be reviewed annually in accordance with Commission | | | 22|bylaws, and a report of the review shall be included in and become | | | 23|part of the annual report of the Commission. | | | 24| | | | Req. No. 560 Page 17 ___________________________________________________________________________
1| F. 1. The members, officers, executive director, employees, | | | 2|and representatives of the Commission shall be immune from suit and | | | 3|liability, either personally or in their official capacity, for any | | | 4|claim for damage to or loss of property or personal injury or other | | | 5|civil liability caused by or arising out of any actual or alleged | | | 6|act, error, or omission that occurred, or that the person against | | | 7|whom the claim is made had a reasonable basis for believing occurred | | | 8|within the scope of Commission employment, duties, or | | | 9|responsibilities. Provided, however, nothing in this paragraph | | | 10|shall be construed to protect any such person from suit or liability | | | 11|for any damage, loss, injury, or liability caused by the | | | 12|intentional, willful, or wanton misconduct of the person. | | | 13| 2. The Commission shall defend any member, officer, executive | | | 14|director, employee, or representative of the Commission in any civil | | | 15|action seeking to impose liability arising out of any actual or | | | 16|alleged act, error, or omission that occurred within the scope of | | | 17|Commission employment, duties, or responsibilities or that the | | | 18|person against whom the claim is made had a reasonable basis for | | | 19|believing had occurred within the scope of Commission employment, | | | 20|duties, or responsibilities. Provided, however, that nothing in | | | 21|this paragraph shall be construed to prohibit the person from | | | 22|retaining his or her own legal counsel, and provided further that | | | 23|the actual or alleged act, error, or omission did not result from | | | 24|the person's intentional, willful, or wanton misconduct. | | | Req. No. 560 Page 18 ___________________________________________________________________________
1| 3. The Commission shall indemnify and hold harmless any member, | | | 2|officer, executive director, employee, or representative of the | | | 3|Commission for the amount of any settlement or judgment obtained | | | 4|against the person arising out of any actual or alleged act, error, | | | 5|or omission that occurred within the scope of Commission employment, | | | 6|duties, or responsibilities, or that the person had a reasonable | | | 7|basis for believing had occurred within the scope of Commission | | | 8|employment, duties, or responsibilities. Provided, however, that | | | 9|the actual or alleged act, error, or omission did not result from | | | 10|the intentional, willful, or wanton misconduct of the person. | | | 11| G. 1. The Commission shall exercise its rule-making powers | | | 12|pursuant to the criteria set forth in the Interstate Teacher | | | 13|Mobility Compact. Rules and amendments shall become binding as of | | | 14|the date specified in each rule or amendment. | | | 15| 2. The Commission shall promulgate reasonable rules to achieve | | | 16|the intent and purpose of the Interstate Teacher Mobility Compact. | | | 17|In the event the Commission exercises its rule-making authority in a | | | 18|manner that is beyond the purpose and intent of the Interstate | | | 19|Teacher Mobility Compact or the powers granted thereunder, such | | | 20|action by the Commission shall be invalid and have no force and | | | 21|effect of law in the member states. | | | 22| 3. If a majority of the legislatures of the member states | | | 23|rejects a rule by enactment of a statute or resolution in the same | | | 24|manner used to adopt the Interstate Teacher Mobility Compact within | | | Req. No. 560 Page 19 ___________________________________________________________________________
1|four (4) years of the date of the adoption of the rule, then the | | | 2|rule shall have no further force and effect in any member state. | | | 3| 4. Rules or amendments to the rules shall be adopted or | | | 4|ratified at a regular or special meeting of the Commission, in | | | 5|accordance with Commission bylaws and rules. | | | 6| 5. Upon determination that an emergency exists, the Commission | | | 7|may consider and adopt an emergency rule within forty-eight (48) | | | 8|hours' notice with opportunity to comment, provided that the usual | | | 9|rule-making procedures shall be retroactively applied to the rule as | | | 10|soon as reasonably possible and in no event later than ninety (90) | | | 11|days after the effective date of the rule. For purposes of this | | | 12|paragraph, an emergency rule is one that must be adopted immediately | | | 13|in order to: | | | 14| a. meet an imminent threat to public health, safety, or | | | 15| welfare, | | | 16| b. prevent a loss of Commission or member state funds, | | | 17| c. meet a deadline for the promulgation of an | | | 18| administrative rule that is established by federal law | | | 19| or rule, or | | | 20| d. protect public health and safety. | | | 21| H. 1. The Commission shall provide for facilitating the | | | 22|exchange of information to administer and implement the provisions | | | 23|of the Interstate Teacher Mobility Compact in accordance with | | | 24| | | | Req. No. 560 Page 20 ___________________________________________________________________________
1|Commission rules, consistent with generally accepted data protection | | | 2|principles. | | | 3| 2. Nothing in the Interstate Teacher Mobility Compact shall be | | | 4|deemed or construed to alter, limit, or inhibit the power of a | | | 5|member state to control and maintain ownership of its licensee | | | 6|information or alter, limit, or inhibit the laws or regulations | | | 7|governing licensee information in the member state. | | | 8| I. 1. The executive and judicial branches of state government | | | 9|in each member state shall enforce the Interstate Teacher Mobility | | | 10|Compact and take all actions necessary and appropriate to effectuate | | | 11|the compact's purposes and intent. The provisions of the compact | | | 12|shall have standing as statutory law. | | | 13| 2. Venue is proper and judicial proceedings by or against the | | | 14|Commission shall be brought solely and exclusively in a court of | | | 15|competent jurisdiction where the principal office of the Commission | | | 16|is located. The Commission may waive venue and jurisdictional | | | 17|defenses to the extent it adopts or consents to participate in | | | 18|alternative dispute resolution proceedings. Nothing herein shall | | | 19|affect or limit the selection or propriety of venue in any action | | | 20|against a licensee for professional malpractice, misconduct, or any | | | 21|similar matter. | | | 22| 3. All courts and administrative agencies shall take judicial | | | 23|notice of the Interstate Teacher Mobility Compact, the rules of the | | | 24|Commission, and any information provided to a member state pursuant | | | Req. No. 560 Page 21 ___________________________________________________________________________
1|thereto in any judicial or quasi-judicial proceeding in a member | | | 2|state pertaining to the subject matter of the compact or which may | | | 3|affect the powers, responsibilities, or actions of the Commission. | | | 4| 4. The Commission shall be entitled to receive service of | | | 5|process in any proceeding regarding the enforcement or | | | 6|interpretation of the Interstate Teacher Mobility Compact and shall | | | 7|have standing to intervene in a proceeding for all purposes. | | | 8|Failure to provide the Commission service of process shall render a | | | 9|judgement or order void as to the Commission, the Interstate Teacher | | | 10|Mobility Compact, or rules of the Commission. | | | 11| J. 1. If the Commission determines that a member state has | | | 12|defaulted in the performance of its obligations or responsibilities | | | 13|under the Interstate Teacher Mobility Compact or Commission rules, | | | 14|the Commission shall: | | | 15| a. provide written notice to the defaulting state and | | | 16| other member states of the nature of the default, the | | | 17| proposed means of curing the default, or any other | | | 18| action to be taken by the Commission, and | | | 19| b. provide remedial training and specific technical | | | 20| assistance regarding the default. | | | 21| 2. If a state in default fails to cure the default, the | | | 22|defaulting state may be terminated from the Interstate Teacher | | | 23|Mobility Compact upon an affirmative vote of a majority of the | | | 24|commissioners of the member states, and all rights, privileges, and | | | Req. No. 560 Page 22 ___________________________________________________________________________
1|benefits conferred on the state by the compact may be terminated on | | | 2|the effective date of termination. A cure of the default shall not | | | 3|relieve the offending state of obligations or liabilities incurred | | | 4|during the period of default. | | | 5| 3. Termination of membership in the Interstate Teacher Mobility | | | 6|Compact shall be imposed only after all other means of securing | | | 7|compliance have been exhausted. Notice of intent to suspend or | | | 8|terminate shall be given by the Commission to the governor, the | | | 9|majority and minority leaders of the defaulting state's legislature, | | | 10|the state licensing authority, and each of the member states. | | | 11| 4. A state that has been terminated is responsible for all | | | 12|assessments, obligations, and liabilities incurred through the | | | 13|effective date of termination including all obligations that extend | | | 14|beyond the effective date of termination. | | | 15| 5. The Commission shall not bear any costs related to a state | | | 16|that is found to be in default or that has been terminated from the | | | 17|Interstate Teacher Mobility Compact, unless agreed upon in writing | | | 18|between the Commission and the defaulting state. | | | 19| 6. The defaulting state may appeal the action of the Commission | | | 20|by petitioning the U.S. District Court for the District of Columbia | | | 21|or the federal district court where the Commission has its principal | | | 22|offices. The prevailing party shall be awarded all costs of | | | 23|litigation including reasonable attorney fees. | | | 24| | | | Req. No. 560 Page 23 ___________________________________________________________________________
1| 7. Upon request by a member state, the Commission shall attempt | | | 2|to resolve disputes related to the Interstate Teacher Mobility | | | 3|Compact that arise among member states and between member states and | | | 4|non-member states. The Commission shall promulgate a rule providing | | | 5|for both binding and non-binding alternative dispute resolution for | | | 6|disputes as appropriate. | | | 7| 8. The Commission, in the reasonable exercise of its | | | 8|discretion, shall enforce the provisions and rules of the Interstate | | | 9|Teacher Mobility Compact. By majority vote, the Commission may | | | 10|initiate legal action in the U.S. District Court for the District of | | | 11|Columbia or the federal district where the Commission has its | | | 12|principal offices against a member state in default to enforce | | | 13|compliance with the provisions of the compact and the Commission's | | | 14|promulgated rules and bylaws. The relief sought may include both | | | 15|injunctive relief and damages. In the event judicial enforcement is | | | 16|necessary, the prevailing party shall be awarded all costs of | | | 17|litigation including reasonable attorney fees. The remedies shall | | | 18|not be exclusive of remedies of the Commission. The Commission may | | | 19|pursue any other remedies available under federal or state law. | | | 20| K. The Interstate Teacher Mobility Compact shall be in effect | | | 21|on the date on which the compact is enacted into law in the tenth | | | 22|member state. | | | 23| 1. On or after the effective date of the compact, the | | | 24|Commission shall convene and review the enactment of the compact by | | | Req. No. 560 Page 24 ___________________________________________________________________________
1|each member state to determine if the statute enacted by each member | | | 2|state is materially different from the model statute. | | | 3| 2. A member state whose enactment is found to be materially | | | 4|different from the model compact statute shall be entitled to the | | | 5|default process set forth in subsection J of this section. | | | 6| 3. Member states enacting the compact subsequent to the | | | 7|effective date shall be subject to the process set forth in | | | 8|paragraph 20 of subsection C of this section to determine if the | | | 9|enactments are materially different from the model compact statute | | | 10|and whether they qualify for participation in the compact. | | | 11| 4. If any member state is later found to be in default or is | | | 12|terminated or withdraws from the compact, the Commission shall | | | 13|remain in existence and the compact shall remain in effect even if | | | 14|the number of member states is fewer than ten (10). | | | 15| 5. Any state that joins the compact after the Commission's | | | 16|initial adoption of the rules and bylaws shall be subject to the | | | 17|rules and bylaws as they exist on the date on which the compact | | | 18|becomes law in the state. Any rule that has been previously adopted | | | 19|by the Commission shall have the full force and effect of law on the | | | 20|day the compact becomes law in the state, as the rules and bylaws | | | 21|may be amended as provided for in the Interstate Teacher Mobility | | | 22|Compact. | | | 23| 6. Any member state may withdraw from the Interstate Teacher | | | 24|Mobility Compact by enacting a statute repealing the compact. A | | | Req. No. 560 Page 25 ___________________________________________________________________________
1|member state's withdrawal shall not take effect until six (6) months | | | 2|after enactment of the repealing statute. Withdrawal shall not | | | 3|affect the continuing requirement of the withdrawing state's | | | 4|licensing authority to comply with the investigative and adverse | | | 5|action reporting requirements of the compact prior to the effective | | | 6|date of withdrawal. | | | 7| 7. The Interstate Teacher Mobility Compact may be amended by | | | 8|the member states; provided, however, that no amendment to the | | | 9|compact shall become effective and binding upon any member state | | | 10|until it is enacted into law by all member states. | | | 11| L. The Interstate Teacher Mobility Compact shall be liberally | | | 12|construed to effectuate its purposes. The provisions of the compact | | | 13|shall be severable, and if any phrase, clause, sentence, or | | | 14|provision of the compact is declared to be contrary to the | | | 15|constitution of any member state or a state seeking membership in | | | 16|the compact or of the U.S. Constitution or the applicability thereof | | | 17|to any other government, agency, person, or circumstance is held | | | 18|invalid, the validity of the remainder of the compact and the | | | 19|applicability thereof to any government, agency, person, or | | | 20|circumstance shall not be affected. If the compact is held contrary | | | 21|to the constitution of any member state, the compact shall remain in | | | 22|full force and effect as to the remaining member states and in full | | | 23|force and effect as to the member state affected as to all severable | | | 24|matters. | | | Req. No. 560 Page 26 ___________________________________________________________________________
1| M. Nothing in this act shall prevent or inhibit the enforcement | | | 2|of any other law of a member state that is not inconsistent with the | | | 3|Interstate Teacher Mobility Compact. Any laws, statutes, | | | 4|regulations, or other legal requirements in a member state in | | | 5|conflict with the compact are superseded to the extent of the | | | 6|conflict. All permissible agreements between the Commission and the | | | 7|member states are binding in accordance with their terms. | | | 8| SECTION 3. This act shall become effective July 1, 2023. | | | 9| SECTION 4. It being immediately necessary for the preservation | | | 10|of the public peace, health, or safety, an emergency is hereby | | | 11|declared to exist, by reason whereof this act shall take effect and | | | 12|be in full force from and after its passage and approval. | | | 13| | | | 14| 59-1-560 EB 1/16/2023 6:54:51 AM | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 560 Page 27