First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0599.01 Jerry Barry x4341
HOUSE BILL 23-1064
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING THE ENACTMENT OF THE "INTERSTATE TEACHER101
M
OBILITY COMPACT".102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill enacts the "Interstate Teacher Mobility Compact"
(compact). The compact is designed to make it easier for teachers,
especially active military members and eligible military spouses, from one
member state to receive a teacher's license from another member state.
HOUSE
2nd Reading Unamended
February 8, 2023
HOUSE SPONSORSHIP
Lukens and Young,
SENATE SPONSORSHIP
Marchman,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 44 to article2
60 of title 24 as follows:3
PART 444
INTERSTATE TEACHER MOBILITY COMPACT5
24-60-4401. Short title. T
HE SHORT TITLE OF THIS PART 44 IS THE6
"I
NTERSTATE TEACHER MOBILITY COMPACT".7
24-60-4402. Compact approved and ratified. T
HE GENERAL8
ASSEMBLY APPROVES AND RATIFIES , AND THE GOVERNOR SHALL ENTER9
INTO, A COMPACT ON BEHALF OF THE STATE OF COLORADO WITH ANY OF10
THE UNITED STATES OR OTHER JURISDICTIONS LEGALLY JOINING THEREIN11
IN THE FORM SUBSTANTIALLY AS FOLLOWS :12
ARTICLE I- PURPOSE13
T
HE PURPOSE OF THIS COMPACT IS TO FACILITATE THE MOBILITY OF14
T
EACHERS ACROSS THE MEMBER STATES, WITH THE GOAL OF SUPPORTING15
T
EACHERS THROUGH A NEW PATHWAY TO LICENSURE . THROUGH THIS16
C
OMPACT, THE MEMBER STATES SEEK TO ESTABLISH A COLLECTIVE17
REGULATORY FRAMEWORK THAT EXPEDITES AND ENHANCES THE ABILITY18
OF TEACHERS TO MOVE ACROSS STATE LINES. THIS COMPACT IS INTENDED19
TO ACHIEVE THE FOLLOWING OBJECTIVES AND S HOULD BE INTERPRETED20
ACCORDINGLY. THE MEMBER STATES HEREBY RATIFY THE SAME21
INTENTIONS BY SUBSCRIBING HERETO .22
A. C
REATE A STREAMLINED PATHWAY TO LICENSURE MOBILITY23
FOR TEACHERS;24
B. S
UPPORT THE RELOCATION OF ELIGIBLE MILITARY SPOUSES;25
C. F
ACILITATE AND ENHANCE THE EXCHANGE OF LICENSURE ,26
INVESTIGATIVE, AND DISCIPLINARY INFORMATION BETWEEN THE MEMBER27
1064
-2- STATES;1
D. E
NHANCE THE POWER OF STATE AND DISTRICT LEVEL2
EDUCATION OFFICIALS TO HIRE QUALIFIED , COMPETENT TEACHERS BY3
REMOVING BARRIERS TO THE EMPLOYMENT OF OUT -OF-STATE TEACHERS;4
E. S
UPPORT THE RETENTION OF TEACHERS IN THE PROFESSION BY5
REMOVING BARRIERS TO RELICENSURE IN A NEW STATE; AND6
F. M
AINTAIN STATE SOVEREIGNTY IN THE REGULATION OF THE7
TEACHING PROFESSION.8
ARTICLE II- DEFINITIONS9
A
S USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED,10
THE FOLLOWING DEFINITIONS SHALL GOVERN THE TERMS HEREIN :11
A. "A
CTIVE MILITARY MEMBER" - MEANS ANY PERSON WITH12
FULL-TIME DUTY STATUS IN THE UNIFORMED SERVICE OF THE UNITED13
S
TATES, INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE.14
B. "A
DVERSE ACTION" - MEANS ANY LIMITATION OR RESTRICTION15
IMPOSED BY A MEMBER STATE'S LICENSING AUTHORITY, SUCH AS16
REVOCATION, SUSPENSION, REPRIMAND, PROBATION, OR LIMITATION ON17
THE LICENSEE'S ABILITY TO WORK AS A TEACHER.18
C. "B
YLAWS" - MEANS THOSE BYLAWS ESTABLISHED BY THE19
C
OMMISSION.20
D. "C
AREER AND TECHNICAL EDUCATION LICENSE" - MEANS A21
CURRENT, VALID AUTHORIZATION ISSUED BY A MEMBER STATE'S22
L
ICENSING AUTHORITY ALLOWING AN INDIVIDUAL TO SERVE AS A23
T
EACHER IN P-12 PUBLIC EDUCATIONAL SETTINGS IN A SPECIFIC CAREER24
AND TECHNICAL EDUCATION AREA .25
E. "C
HARTER MEMBER STATES" - MEANS A MEMBER STATE THAT26
HAS ENACTED LEGISLATION TO ADOPT THIS COMPACT WHERE SUCH27
1064
-3- LEGISLATION PREDATES THE INITIAL MEETING OF THE COMMISSION AFTER1
THE EFFECTIVE DATE OF THE COMPACT.2
F. "C
OMMISSION" - MEANS THE INTERSTATE ADMINISTRATIVE3
BODY WHICH MEMBERSHIP CONSISTS OF DELEGATES OF ALL STATES THAT4
HAVE ENACTED THIS COMPACT, AND WHICH IS KNOWN AS THE INTERSTATE5
T
EACHER MOBILITY COMPACT COMMISSION.6
G. "C
OMMISSIONER" - MEANS THE DELEGATE OF A MEMBER7
S
TATE.8
H. "E
LIGIBLE LICENSE" - MEANS A LICENSE TO ENGAGE IN THE9
TEACHING PROFESSION WHICH REQUIRES AT LEAST A BACHELOR 'S DEGREE10
AND THE COMPLETION OF A STATE APPROVED PROGRAM FOR TEACHER11
LICENSURE.12
I. "E
LIGIBLE MILITARY SPOUSE" - MEANS THE SPOUSE OF ANY13
INDIVIDUAL IN FULL-TIME DUTY STATUS IN THE ACTIVE UNIFORMED14
SERVICE OF THE UNITED STATES INCLUDING MEMBERS OF THE NATIONAL15
G
UARD AND RESERVE ON ACTIVE DUTY MOVING AS A RESULT OF A16
MILITARY MISSION OR MILITARY CAREER PROGRESSION REQUIREMENTS OR17
ARE ON THEIR TERMINAL MOVE AS A RESULT OF SEPARATION OR18
RETIREMENT (TO INCLUDE SURVIVING SPOUSES OF DECEASED MILITARY19
MEMBERS).20
J. "E
XECUTIVE COMMITTEE" - MEANS A GROUP OF COMMISSIONERS21
ELECTED OR APPOINTED TO ACT ON BEHALF OF , AND WITHIN THE POWERS22
GRANTED TO THEM BY, THE COMMISSION AS PROVIDED FOR HEREIN .23
K. "L
ICENSING AUTHORITY" - MEANS AN OFFICIAL, AGENCY,24
BOARD, OR OTHER ENTITY OF A STATE THAT IS RESPONSIBLE FOR THE25
LICENSING AND REGULATION OF TEACHERS AUTHORIZED TO TEACH IN P-1226
PUBLIC EDUCATIONAL SETTINGS.27
1064
-4- L. "MEMBER STATE" - MEANS ANY STATE THAT HAS ADOPTED THIS1
C
OMPACT, INCLUDING ALL AGENCIES AND OFFICIALS OF SUCH A STATE.2
M. "R
ECEIVING STATE" - MEANS ANY STATE WHERE A TEACHER3
HAS APPLIED FOR LICENSURE UNDER THIS COMPACT.4
N. "R
ULE" - MEANS ANY REGULATION PROMULGATED BY THE5
C
OMMISSION UNDER THIS COMPACT, WHICH SHALL HAVE THE FORCE OF6
LAW IN EACH MEMBER STATE.7
O. "S
TATE" - MEANS A STATE, TERRITORY, OR POSSESSION OF THE8
U
NITED STATES, AND THE DISTRICT OF COLUMBIA.9
P. "S
TATE PRACTICE LAWS" - MEANS A MEMBER STATE'S LAWS,10
R
ULES, AND REGULATIONS THAT GOVERN THE TEACHING PROFESSION ,11
DEFINE THE SCOPE OF SUCH PROFESSION, AND CREATE THE METHODS AND12
GROUNDS FOR IMPOSING DISCIPLINE.13
Q. "S
TATE SPECIFIC REQUIREMENTS" - MEANS A REQUIREMENT14
FOR LICENSURE COVERED IN COURSEWORK OR EXAMINATION THAT15
INCLUDES CONTENT OF UNIQUE INTEREST TO THE STATE.16
R. "T
EACHER" - MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS17
AN AUTHORIZATION FROM A MEMBER STATE THAT FORMS THE BASIS FOR18
EMPLOYMENT IN THE P-12 PUBLIC SCHOOLS OF THE STATE TO PROVIDE19
INSTRUCTION IN A SPECIFIC SUBJECT AREA, GRADE LEVEL, OR STUDENT20
POPULATION.21
S. "U
NENCUMBERED LICENSE" - MEANS A CURRENT , VALID22
AUTHORIZATION ISSUED BY A MEMBER STATE'S LICENSING AUTHORITY23
ALLOWING AN INDIVIDUAL TO SERVE AS A TEACHER IN P-12 PUBLIC24
EDUCATIONAL SETTINGS . AN UNENCUMBERED LICENSE IS NOT A25
RESTRICTED, PROBATIONARY, PROVISIONAL, SUBSTITUTE, OR TEMPORARY26
CREDENTIAL.27
1064
-5- ARTICLE III- LICENSURE UNDER THE COMPACT1
A. L
ICENSURE UNDER THIS COMPACT PERTAINS ONLY TO THE2
INITIAL GRANT OF A LICENSE BY THE RECEIVING STATE. NOTHING HEREIN3
APPLIES TO ANY SUBSEQUENT OR ONGOING COMPLIANCE REQUIREMENTS4
THAT A RECEIVING STATE MIGHT REQUIRE FOR TEACHERS.5
B. E
ACH MEMBER STATE SHALL, IN ACCORDANCE WITH THE RULES6
OF THE COMMISSION, DEFINE, COMPILE, AND UPDATE AS NECESSARY , A7
LIST OF ELIGIBLE LICENSES AND CAREER AND TECHNICAL EDUCATION8
L
ICENSES THAT THE MEMBER STATE IS WILLING TO CONSIDER FOR9
EQUIVALENCY UNDER THIS COMPACT AND PROVIDE THE LIST TO THE10
C
OMMISSION. THE LIST SHALL INCLUDE THOSE LICENSES THAT A11
R
ECEIVING STATE IS WILLING TO GRANT TO TEACHERS FROM OTHER12
M
EMBER STATES, PENDING A DETERMINATION OF EQUIVALENCY BY THE13
R
ECEIVING STATE'S LICENSING AUTHORITY.14
C. U
PON THE RECEIPT OF AN APPLICATION FOR LICENSURE BY A15
T
EACHER HOLDING AN UNENCUMBERED ELIGIBLE LICENSE, THE16
R
ECEIVING STATE SHALL DETERMINE WHICH OF THE RECEIVING STATE'S17
E
LIGIBLE LICENSES THE TEACHER IS QUALIFIED TO HOLD AND SHALL18
GRANT SUCH A LICENSE OR LICENSES TO THE APPLICANT . SUCH A19
DETERMINATION SHALL BE MADE IN THE SOLE DISCRETION OF THE20
R
ECEIVING STATE'S LICENSING AUTHORITY AND MAY INCLUDE A21
DETERMINATION THAT THE APPLICANT IS NOT ELIGIBLE FOR ANY OF THE22
R
ECEIVING STATE'S ELIGIBLE LICENSES. FOR ALL TEACHERS WHO HOLD23
AN UNENCUMBERED LICENSE, THE RECEIVING STATE SHALL GRANT ONE24
OR MORE UNENCUMBERED LICENSE(S) THAT, IN THE RECEIVING STATE'S25
SOLE DISCRETION, ARE EQUIVALENT TO THE LICENSE (S) HELD BY THE26
T
EACHER IN ANY OTHER MEMBER STATE.27
1064
-6- D. FOR ACTIVE MILITARY MEMBERS AND ELIGIBLE MILITARY1
S
POUSES WHO HOLD A LICENSE THAT IS NOT UNENCUMBERED, THE2
R
ECEIVING STATE SHALL GRANT AN EQUIVALENT LICENSE OR LICENSES3
THAT, IN THE RECEIVING STATE'S SOLE DISCRETION, IS EQUIVALENT TO4
THE LICENSE OR LICENSES HELD BY THE TEACHER IN ANY OTHER MEMBER5
S
TATE, EXCEPT WHERE THE RECEIVING STATE DOES NOT HAVE AN6
EQUIVALENT LICENSE.7
E. F
OR A TEACHER HOLDING AN UNENCUMBERED CAREER AND8
T
ECHNICAL EDUCATION LICENSE, THE RECEIVING STATE SHALL GRANT AN9
U
NENCUMBERED LICENSE EQUIVALENT TO THE CAREER AND TECHNICAL10
E
DUCATION LICENSE HELD BY THE APPLYING TEACHER AND ISSUED BY11
ANOTHER MEMBER STATE, AS DETERMINED BY THE RECEIVING STATE IN12
ITS SOLE DISCRETION, EXCEPT WHERE A CAREER AND TECHNICAL13
E
DUCATION TEACHER DOES NOT HOLD A BACHELOR 'S DEGREE AND THE14
R
ECEIVING STATE REQUIRES A BACHELOR 'S DEGREE FOR LICENSES TO15
TEACH CAREER AND TECHNICAL EDUCATION. A RECEIVING STATE MAY16
REQUIRE CAREER AND TECHNICAL EDUCATION TEACHERS TO MEET STATE17
INDUSTRY RECOGNIZED REQUIREMENTS , IF REQUIRED BY LAW IN THE18
R
ECEIVING STATE.19
ARTICLE IV- LICENSURE NOT UNDER THE COMPACT20
A. E
XCEPT AS PROVIDED IN ARTICLE III ABOVE, NOTHING IN THIS21
C
OMPACT SHALL BE CONSTRUED TO LIMIT OR INHIBIT THE POWER OF A22
M
EMBER STATE TO REGULATE LICENSURE OR ENDORSEMENTS OVERSEEN23
BY THE MEMBER STATE'S LICENSING AUTHORITY.24
B. W
HEN A TEACHER IS REQUIRED TO RENEW A LICENSE RECEIVED25
PURSUANT TO THIS COMPACT, THE STATE GRANTING SUCH A LICENSE MAY26
REQUIRE THE TEACHER TO COMPLETE STATE SPECIFIC REQUIREMENTS AS27
1064
-7- A CONDITION OF LICENSURE RENEWAL OR ADVANCEMENT IN THAT STATE.1
C. F
OR THE PURPOSES OF DETERMINING COMPENSATION , A2
R
ECEIVING STATE MAY REQUIRE ADDITIONAL INFORMATION FROM3
T
EACHERS RECEIVING A LICENSE UNDER THE PROVISIONS OF THIS4
C
OMPACT.5
D. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO LIMIT THE6
POWER OF A MEMBER STATE TO CONTROL AND MAINTAIN OWNERSHIP OF7
ITS INFORMATION PERTAINING TO TEACHERS, OR LIMIT THE APPLICATION8
OF A MEMBER STATE'S LAWS OR REGULATIONS GOVERNING THE9
OWNERSHIP, USE, OR DISSEMINATION OF INFORMATION PERTAINING TO10
T
EACHERS.11
E. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO12
INVALIDATE OR ALTER ANY EXISTING AGREEMENT OR OTHER COOPERATIVE13
ARRANGEMENT WHICH A MEMBER STATE MAY ALREADY BE A PARTY TO ,14
OR LIMIT THE ABILITY OF A MEMBER STATE TO PARTICIPATE IN ANY15
FUTURE AGREEMENT OR OTHER COOPERATIVE ARRANGEMENT TO :16
1. A
WARD TEACHING LICENSES OR OTHER BENEFITS BASED ON17
ADDITIONAL PROFESSIONAL CREDENTIALS , INCLUDING, BUT NOT LIMITED18
TO, NATIONAL BOARD CERTIFICATION;19
2. P
ARTICIPATE IN THE EXCHANGE OF NAMES OF TEACHERS WHOSE20
LICENSE HAS BEEN SUBJECT TO AN ADVERSE ACTION BY A MEMBER21
S
TATE; OR22
3. P
ARTICIPATE IN ANY AGREEMENT OR COOPERATIVE23
ARRANGEMENT WITH A NON -MEMBER STATE.24
ARTICLE V- TEACHER QUALIFICATIONS AND25
REQUIREMENTS FOR LICENSURE UNDER THE COMPACT26
A. E
XCEPT AS PROVIDED FOR ACTIVE MILITARY MEMBERS OR27
1064
-8- ELIGIBLE MILITARY SPOUSES IN ARTICLE III.D ABOVE, A TEACHER MAY1
ONLY BE ELIGIBLE TO RECEIVE A LICENSE UNDER THIS COMPACT WHERE2
THAT TEACHER HOLDS AN UNENCUMBERED LICENSE IN A MEMBER STATE.3
B. A
TEACHER ELIGIBLE TO RECEIVE A LICENSE UNDER THIS4
C
OMPACT SHALL, UNLESS OTHERWISE PROVIDED FOR HEREIN :5
1. U
PON THEIR APPLICATION TO RECEIVE A LICENSE UNDER THIS6
C
OMPACT, UNDERGO A CRIMINAL BACKGROUND CHECK IN THE RECEIVING7
S
TATE IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE8
R
ECEIVING STATE; AND9
2. P
ROVIDE THE RECEIVING STATE WITH INFORMATION IN10
ADDITION TO THE INFORMATION REQUIRED FOR LICENSURE FOR THE11
PURPOSES OF DETERMINING COMPENSATION , IF APPLICABLE.12
ARTICLE VI- DISCIPLINE / ADVERSE ACTIONS13
A. N
OTHING IN THIS COMPACT SHALL BE DEEMED OR CONSTRUED14
TO LIMIT THE AUTHORITY OF A MEMBER STATE TO INVESTIGATE OR15
IMPOSE DISCIPLINARY MEASURES ON TEACHERS ACCORDING TO THE STATE16
P
RACTICE LAWS THEREOF.17
B. M
EMBER STATES SHALL BE AUTHORIZED TO RECEIVE , AND18
SHALL PROVIDE, FILES AND INFORMATION REGARDING THE INVESTIGATION19
AND DISCIPLINE, IF ANY, OF TEACHERS IN OTHER MEMBER STATES UPON20
REQUEST. ANY MEMBER STATE RECEIVING SUCH INFORMATION OR FILES21
SHALL PROTECT AND MAINTAIN THE SECURITY AND CONFIDENTIALITY22
THEREOF, IN AT LEAST THE SAME MANNER THAT IT MAINTAINS ITS OWN23
INVESTIGATORY OR DISCIPLINARY FILES AND INFORMATION . PRIOR TO24
DISCLOSING ANY DISCIPLINARY OR INVESTIGATORY INFORMATION25
RECEIVED FROM ANOTHER MEMBER STATE, THE DISCLOSING STATE SHALL26
COMMUNICATE ITS INTENTION AND PURPOSE FOR SUCH DISCLOSURE TO THE27
1064
-9- MEMBER STATE WHICH ORIGINALLY PROVIDED THAT INFORMATION .1
ARTICLE VII- ESTABLISHMENT OF THE INTERSTATE2
TEACHER MOBILITY COMPACT COMMISSION3
A. T
HE INTERSTATE COMPACT MEMBER STATES HEREBY CREATE4
AND ESTABLISH A JOINT PUBLIC AGENCY KNOWN AS THE INTERSTATE5
T
EACHER MOBILITY COMPACT COMMISSION:6
1. T
HE COMMISSION IS A JOINT INTERSTATE GOVERNMENTAL7
AGENCY COMPRISED OF STATES THAT HAVE ENACTED THE INTERSTATE8
T
EACHER MOBILITY COMPACT.9
2. N
OTHING IN THIS INTERSTATE COMPACT SHALL BE CONSTRUED10
TO BE A WAIVER OF SOVEREIGN IMMUNITY .11
B. Membership, Voting, and Meetings12
1. E
ACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1)13
DELEGATE TO THE COMMISSION, WHO SHALL BE GIVEN THE TITLE OF14
C
OMMISSIONER.15
2. T
HE COMMISSIONER SHALL BE THE PRIMARY ADMINISTRATIVE16
OFFICER OF THE STATE LICENSING AUTHORITY OR THEIR DESIGNEE.17
3. A
NY COMMISSIONER MAY BE REMOVED OR SUSPENDED FROM18
OFFICE AS PROVIDED BY THE LAW OF THE STATE FROM WHICH THE19
C
OMMISSIONER IS APPOINTED.20
4. T
HE MEMBER STATE SHALL FILL ANY VACANCY OCCURRING IN21
THE COMMISSION WITHIN NINETY (90) DAYS.22
5. E
ACH COMMISSIONER SHALL BE ENTITLED TO ONE (1) VOTE23
ABOUT THE PROMULGATION OF RULES AND CREATION OF BYLAWS AND24
SHALL OTHERWISE HAVE AN OPPORTUNITY TO PARTICIPATE IN THE25
BUSINESS AND AFFAIRS OF THE COMMISSION. A COMMISSIONER SHALL26
VOTE IN PERSON OR BY SUCH OTHER MEANS AS PROVIDED IN THE BYLAWS.27
1064
-10- THE BYLAWS MAY PROVIDE FOR COMMISSIONERS' PARTICIPATION IN1
MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION .2
6. T
HE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH3
CALENDAR YEAR. ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN4
THE BYLAWS.5
7. T
HE COMMISSION SHALL ESTABLISH BY RULE A TERM OF OFFICE6
FOR COMMISSIONERS.7
C. T
HE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND8
DUTIES:9
1. E
STABLISH A CODE OF ETHICS FOR THE COMMISSION.10
2. E
STABLISH THE FISCAL YEAR OF THE COMMISSION.11
3. E
STABLISH BYLAWS FOR THE COMMISSION.12
4. M
AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE13
B
YLAWS OF THE COMMISSION.14
5. M
EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE15
PROVISIONS OF THIS INTERSTATE COMPACT , THE BYLAWS, AND RULES OF16
THE COMMISSION.17
6. P
ROMULGATE UNIFORM RULES TO IMPLEMENT AND ADMINISTER18
THIS INTERSTATE COMPACT. THE RULES SHALL HAVE THE FORCE AND19
EFFECT OF LAW AND SHALL BE BINDING IN ALL MEMBER STATES. IN THE20
EVENT THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A21
MANNER THAT IS BEYOND THE SCOPE OF THE PURPOSES OF THE COMPACT,22
OR THE POWERS GRANTED HEREUNDER , THEN SUCH AN ACTION BY THE23
C
OMMISSION SHALL BE INVALID AND HAVE NO FORCE AND EFFECT OF LAW .24
7. B
RING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE25
NAME OF THE COMMISSION, PROVIDED THAT THE STANDING OF ANY26
M
EMBER STATE LICENSING AUTHORITY TO SUE OR BE SUED UNDER27
1064
-11- APPLICABLE LAW SHALL NOT BE AFFECTED .1
8. P
URCHASE AND MAINTAIN INSURANCE AND BONDS .2
9. B
ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL ,3
INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE, OR AN4
ASSOCIATED NON-GOVERNMENTAL ORGANIZATION THAT IS OPEN TO5
MEMBERSHIP BY ALL STATES.6
10. H
IRE EMPLOYEES, ELECT, OR APPOINT OFFICERS , FIX7
COMPENSATION, DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE8
AUTHORITY TO CARRY OUT THE PURPOSES OF THE COMPACT, AND9
ESTABLISH THE COMMISSION'S PERSONNEL POLICIES AND PROGRAMS10
RELATING TO CONFLICTS OF INTEREST , QUALIFICATIONS OF PERSONNEL,11
AND OTHER RELATED PERSONNEL MATTERS .12
11. L
EASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS13
OF, OR OTHERWISE OWN, HOLD, IMPROVE, OR USE, ANY PROPERTY, REAL,14
PERSONAL OR MIXED, PROVIDED THAT AT ALL TIMES THE COMMISSION15
SHALL AVOID ANY APPEARANCE OF IMPROPRIETY .16
12. S
ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,17
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY REAL, PERSONAL, OR18
MIXED.19
13. E
STABLISH A BUDGET AND MAKE EXPENDITURES .20
14. B
ORROW MONEY.21
15. A
PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES22
COMPOSED OF MEMBERS AND SUCH OTHER INTERESTED PERSONS AS MAY23
BE DESIGNATED IN THIS INTERSTATE COMPACT , RULES, OR BYLAWS.24
16. P
ROVIDE AND RECEIVE INFORMATION FROM , AND COOPERATE25
WITH, LAW ENFORCEMENT AGENCIES .26
17. E
STABLISH AND ELECT AN EXECUTIVE COMMITTEE.27
1064
-12- 18. ESTABLISH AND DEVELOP A CHARTER FOR AN EXECUTIVE1
I
NFORMATION GOVERNANCE COMMITTEE TO ADVISE ON FACILITATING2
EXCHANGE OF INFORMATION ; USE OF INFORMATION, DATA PRIVACY, AND3
TECHNICAL SUPPORT NEEDS, AND PROVIDE REPORTS AS NEEDED.4
19. P
ERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR5
APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS INTERSTATE COMPACT6
CONSISTENT WITH THE STATE REGULATION OF TEACHER LICENSURE.7
20. D
ETERMINE WHETHER A STATE'S ADOPTED LANGUAGE IS8
MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH9
THAT THE STATE WOULD NOT QUALIFY FOR PARTICIPATION IN THE10
C
OMPACT.11
D. The Executive Committee of the Interstate Teacher12
Mobility Compact Commission13
1. T
HE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT14
ON BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS15
INTERSTATE COMPACT.16
2. T
HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF EIGHT17
VOTING MEMBERS:18
a. T
HE COMMISSION CHAIR, VICE CHAIR, AND TREASURER; AND19
b. F
IVE MEMBERS WHO ARE ELECTED BY THE COMMISSION FROM20
THE CURRENT MEMBERSHIP :21
i. F
OUR VOTING MEMBERS REPRESENTING GEOGRAPHIC REGIONS22
IN ACCORDANCE WITH COMMISSION RULES; AND23
ii. O
NE AT LARGE VOTING MEMBER IN ACCORDANCE WITH24
C
OMMISSION RULES.25
3. T
HE COMMISSION MAY ADD OR REMOVE MEMBERS OF THE26
E
XECUTIVE COMMITTEE AS PROVIDED IN COMMISSION RULES.27
1064
-13- 4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ONCE1
ANNUALLY.2
5. T
HE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING3
DUTIES AND RESPONSIBILITIES:4
a. R
ECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE5
R
ULES OR BYLAWS, CHANGES TO THE COMPACT LEGISLATION, FEES PAID6
BY INTERSTATE COMPACT MEMBER STATES SUCH AS ANNUAL DUES, AND7
ANY COMPACT FEE CHARGED BY THE MEMBER STATES ON BEHALF OF THE8
C
OMMISSION.9
b. E
NSURE COMMISSION ADMINISTRATION SERVICES ARE10
APPROPRIATELY PROVIDED, CONTRACTUAL OR OTHERWISE .11
c. P
REPARE AND RECOMMEND THE BUDGET .12
d. M
AINTAIN FINANCIAL RECORDS ON BEHALF OF THE13
C
OMMISSION.14
e. M
ONITOR COMPLIANCE OF MEMBER STATES AND PROVIDE15
REPORTS TO THE COMMISSION.16
f. P
ERFORM OTHER DUTIES AS PROVIDED IN RULES OR BYLAWS.17
6. Meetings of the Commission18
a. A
LL MEETINGS SHALL BE OPEN TO THE PUBLIC , AND PUBLIC19
NOTICE OF MEETINGS SHALL BE GIVEN IN ACCORDANCE WITH COMMISSION20
B
YLAWS.21
b. T
HE COMMISSION OR THE EXECUTIVE COMMITTEE OR OTHER22
COMMITTEES OF THE COMMISSION MAY CONVENE IN A CLOSED ,23
NON-PUBLIC MEETING IF THE COMMISSION OR EXECUTIVE COMMITTEE OR24
OTHER COMMITTEES OF THE COMMISSION MUST DISCUSS:25
i. N
ON-COMPLIANCE OF A MEMBER STATE WITH ITS OBLIGATIONS26
UNDER THE COMPACT.27
1064
-14- ii. THE EMPLOYMENT, COMPENSATION, DISCIPLINE, OR OTHER1
MATTERS, PRACTICES, OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES2
OR OTHER MATTERS RELATED TO THE COMMISSION'S INTERNAL3
PERSONNEL PRACTICES AND PROCEDURES .4
iii. C
URRENT, THREATENED, OR REASONABLY ANTICIPATED5
LITIGATION.6
iv. N
EGOTIATION OF CONTRACTS FOR THE PURCHASE , LEASE, OR7
SALE OF GOODS, SERVICES, OR REAL ESTATE.8
v. A
CCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING9
ANY PERSON.10
vi. D
ISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL11
INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL .12
vii. D
ISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE13
DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF14
PERSONAL PRIVACY.15
viii. D
ISCLOSURE OF INVESTIGATIVE RECORDS COMPILED FOR LAW16
ENFORCEMENT PURPOSES .17
ix. D
ISCLOSURE OF INFORMATION RELATED TO ANY INVESTIGATIVE18
REPORTS PREPARED BY OR ON BEHALF OF OR FOR USE OF THE COMMISSION19
OR OTHER COMMITTEE CHARGED WITH RESPONSIBILITY OF INVESTIGATION20
OR DETERMINATION OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT.21
x. M
ATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY22
FEDERAL OR MEMBER STATE STATUTE.23
xi. O
THERS MATTERS AS SET FORTH BY COMMISSION BYLAWS AND24
R
ULES.25
c. I
F A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT26
TO THIS PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE27
1064
-15- SHALL CERTIFY THAT THE MEETING MAY BE CLOSED AND SHALL1
REFERENCE EACH RELEVANT EXEMPTING PROVISION .2
d. T
HE COMMISSION SHALL KEEP MINUTES OF COMMISSION3
MEETINGS AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF4
ACTIONS TAKEN, AND THE REASONS THEREFORE , INCLUDING A5
DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS CONSIDERED IN6
CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES .7
A
LL MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN8
UNDER SEAL, SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE9
C
OMMISSION OR ORDER OF A COURT OF COMPETENT JURISDICTION .10
7. Financing of the Commission11
a. T
HE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT12
OF, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT , ORGANIZATION,13
AND ONGOING ACTIVITIES.14
b. T
HE COMMISSION MAY ACCEPT ALL APPROPRIATE DONATIONS15
AND GRANTS OF MONEY , EQUIPMENT, SUPPLIES, MATERIALS, AND16
SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE SAME, PROVIDED17
THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY APPEARANCE OF18
IMPROPRIETY OR CONFLICT OF INTEREST.19
c. T
HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL20
ASSESSMENT FROM EACH MEMBER STATE OR IMPOSE FEES ON OTHER21
PARTIES TO COVER THE COST OF THE OPERATIONS AND ACTIVITIES OF THE22
C
OMMISSION, IN ACCORDANCE WITH THE COMMISSION RULES.23
d. T
HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND24
PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME ; NOR SHALL25
THE COMMISSION PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES,26
EXCEPT BY AND WITH THE AUTHORITY OF THE MEMBER STATE.27
1064
-16- e. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL1
RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND DISBURSEMENTS OF2
THE COMMISSION SHALL BE SUBJECT TO ACCOUNTING PROCEDURES3
ESTABLISHED UNDER COMMISSION BYLAWS. ALL RECEIPTS AND4
DISBURSEMENTS OF FUNDS OF THE COMMISSION SHALL BE REVIEWED5
ANNUALLY IN ACCORDANCE WITH COMMISSION BYLAWS, AND A REPORT6
OF THE REVIEW SHALL BE INCLUDED IN AND BECOME PART OF THE ANNUAL7
REPORT OF THE COMMISSION.8
8. Qualified Immunity, Defense, and Indemnification9
a. T
HE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES,10
AND REPRESENTATIVES OF THE COMMISSION SHALL BE IMMUNE FROM SUIT11
AND LIABILITY, EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY, FOR12
ANY CLAIM FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY13
OR OTHER CIVIL LIABILITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR14
ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED , OR THAT THE15
PERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS16
FOR BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION17
EMPLOYMENT, DUTIES, OR RESPONSIBILITIES; PROVIDED THAT NOTHING IN18
THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON19
FROM SUIT OR LIABILITY FOR ANY DAMAGE , LOSS, INJURY, OR LIABILITY20
CAUSED BY THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF21
THAT PERSON.22
b. T
HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,23
EXECUTIVE DIRECTOR , EMPLOYEE, OR REPRESENTATIVE OF THE24
C
OMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING25
OUT OF ANY ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION THAT26
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR27
1064
-17- RESPONSIBILITIES, OR THAT THE PERSON AGAINST WHOM THE CLAIM IS1
MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE2
SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;3
PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THAT4
PERSON FROM RETAINING HIS OR HER OWN COUNSEL ; AND PROVIDED5
FURTHER, THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION DID6
NOT RESULT FROM THAT PERSON'S INTENTIONAL OR WILLFUL OR WANTON7
MISCONDUCT.8
c. T
HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY9
MEMBER, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE, OR REPRESENTATIVE10
OF THE COMMISSION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT11
OBTAINED AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR12
ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE13
OF COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR THAT14
SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED15
WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR16
RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT , ERROR,17
OR OMISSION DID NOT RESULT FROM THE INTENTIONAL OR WILLFUL OR18
WANTON MISCONDUCT OF THAT PERSON .19
ARTICLE VIII- RULEMAKING20
A. T
HE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS21
PURSUANT TO THE CRITERIA SET FORTH IN THIS INTERSTATE COMPACT AND22
THE RULES ADOPTED THEREUNDER . RULES AND AMENDMENTS SHALL23
BECOME BINDING AS OF THE DATE SPECIFIED IN EACH RULE OR24
AMENDMENT.25
B. T
HE COMMISSION SHALL PROMULGATE REASONABLE RULES TO26
ACHIEVE THE INTENT AND PURPOSE OF THIS INTERSTATE COMPACT . IN THE27
1064
-18- EVENT THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A1
MANNER THAT IS BEYOND PURPOSE AND INTENT OF THIS INTERSTATE2
COMPACT, OR THE POWERS GRANTED HEREUNDER , THEN SUCH AN ACTION3
BY THE COMMISSION SHALL BE INVALID AND HAVE NO FORCE AND EFFECT4
OF LAW IN THE MEMBER STATES.5
C. I
F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES6
REJECTS A RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE7
SAME MANNER USED TO ADOPT THE COMPACT WITHIN FOUR (4) YEARS OF8
THE DATE OF ADOPTION OF THE RULE, THEN SUCH RULE SHALL HAVE NO9
FURTHER FORCE AND EFFECT IN ANY MEMBER STATE.10
D. R
ULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED OR11
RATIFIED AT A REGULAR OR SPECIAL MEETING OF THE COMMISSION IN12
ACCORDANCE WITH COMMISSION RULES AND BYLAWS.13
E. U
PON DETERMINATION THAT AN EMERGENCY EXISTS , THE14
C
OMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITH15
FORTY-EIGHT (48) HOURS' NOTICE, WITH OPPORTUNITY TO COMMENT ,16
PROVIDED THAT THE USUAL RULEMAKING PROCEDURES SHALL BE17
RETROACTIVELY APPLIED TO THE RULE AS SOON AS REASONABLY18
POSSIBLE, IN NO EVENT LATER THAN NINETY (90) DAYS AFTER THE19
EFFECTIVE DATE OF THE RULE. FOR THE PURPOSES OF THIS PROVISION, AN20
EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATELY IN21
ORDER TO:22
1. M
EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY, OR23
WELFARE.24
2. P
REVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS.25
3. M
EET A DEADLINE FOR THE PROMULGATION OF AN26
ADMINISTRATIVE RULE THAT IS ESTABLISHED BY FEDERAL LAW OR RULE;27
1064
-19- OR1
4. P
ROTECT PUBLIC HEALTH AND SAFETY .2
ARTICLE IX- FACILITATING INFORMATION EXCHANGE3
A. T
HE COMMISSION SHALL PROVIDE FOR FACILITATING THE4
EXCHANGE OF INFORMATION TO ADMINISTER AND IMPLEMENT THE5
PROVISIONS OF THIS COMPACT IN ACCORDANCE WITH THE RULES OF THE6
C
OMMISSION, CONSISTENT WITH GENERALLY ACCEPTED DATA PROTECTION7
PRINCIPLES.8
B. N
OTHING IN THIS COMPACT SHALL BE DEEMED OR CONSTRUED9
TO ALTER, LIMIT, OR INHIBIT THE POWER OF A MEMBER STATE TO10
CONTROL AND MAINTAIN OWNERSHIP OF ITS LICENSEE INFORMATION OR11
ALTER, LIMIT, OR INHIBIT THE LAWS OR REGULATIONS GOVERNING12
LICENSEE INFORMATION IN THE MEMBER STATE.13
ARTICLE X- OVERSIGHT, DISPUTE RESOLUTION, AND14
ENFORCEMENT15
A. Oversight16
1. T
HE EXECUTIVE AND JUDICIAL BRANCHES OF STATE17
GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE THIS COMPACT18
AND TAKE ALL ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE19
THE COMPACT'S PURPOSES AND INTENT . THE PROVISIONS OF THIS20
C
OMPACT SHALL HAVE STANDING AS STATUTORY LAW .21
2. V
ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST22
THE COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN A23
COURT OF COMPETENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE24
C
OMMISSION IS LOCATED. THE COMMISSION MAY WAIVE VENUE AND25
JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR CONSENTS TO26
PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION PROCEEDINGS .27
1064
-20- NOTHING HEREIN SHALL AFFECT OR LIMIT THE SELECTION OR PROPRIETY1
OF VENUE IN ANY ACTION AGAINST A LICENSEE FOR PROFESSIONAL2
MALPRACTICE, MISCONDUCT, OR ANY SUCH SIMILAR MATTER.3
3. A
LL COURTS AND ALL ADMINISTRATIVE AGENCIES SHALL TAKE4
JUDICIAL NOTICE OF THE COMPACT, THE RULES OF THE COMMISSION, AND5
ANY INFORMATION PROVIDED TO A MEMBER STATE PURSUANT THERETO6
IN ANY JUDICIAL OR QUASI-JUDICIAL PROCEEDING IN A MEMBER STATE7
PERTAINING TO THE SUBJECT MATTER OF THIS COMPACT, OR WHICH MAY8
AFFECT THE POWERS, RESPONSIBILITIES, OR ACTIONS OF THE COMMISSION.9
4. T
HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF10
PROCESS IN ANY PROCEEDING REGARDING THE ENFORCEMENT OR11
INTERPRETATION OF THE COMPACT AND SHALL HAVE STANDING TO12
INTERVENE IN SUCH A PROCEEDING FOR ALL PURPOSES . FAILURE TO13
PROVIDE THE COMMISSION SERVICE OF PROCESS SHALL RENDER A14
JUDGMENT OR ORDER VOID AS TO THE COMMISSION, THIS COMPACT, OR15
PROMULGATED RULES.16
B. Default, Technical Assistance, and Termination17
1. I
F THE COMMISSION DETERMINES THAT A MEMBER STATE HAS18
DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR19
RESPONSIBILITIES UNDER THIS COMPACT OR THE PROMULGATED RULES,20
THE COMMISSION SHALL:21
a. P
ROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND22
OTHER MEMBER STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED23
MEANS OF CURING THE DEFAULT, OR ANY OTHER ACTION TO BE TAKEN BY24
THE COMMISSION; AND25
b. P
ROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL26
ASSISTANCE REGARDING THE DEFAULT .27
1064
-21- 2. IF A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE1
DEFAULTING STATE MAY BE TERMINATED FROM THE COMPACT UPON AN2
AFFIRMATIVE VOTE OF A MAJORITY OF THE COMMISSIONERS OF THE3
M
EMBER STATES, AND ALL RIGHTS , PRIVILEGES, AND BENEFITS4
CONFERRED ON THAT STATE BY THIS COMPACT MAY BE TERMINATED ON5
THE EFFECTIVE DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT6
RELIEVE THE OFFENDING STATE OF OBLIGATIONS OR LIABILITIES INCURRED7
DURING THE PERIOD OF DEFAULT.8
3. T
ERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE9
IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE10
BEEN EXHAUSTED. NOTICE OF INTENT TO SUSPEND OR TERMINATE SHALL11
BE GIVEN BY THE COMMISSION TO THE GOVERNOR , THE MAJORITY AND12
MINORITY LEADERS OF THE DEFAULTING STATE'S LEGISLATURE, THE13
S
TATE LICENSING AUTHORITY, AND EACH OF THE MEMBER STATES.14
4. A
STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL15
ASSESSMENTS, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE16
EFFECTIVE DATE OF TERMINATION, INCLUDING OBLIGATIONS THAT EXTEND17
BEYOND THE EFFECTIVE DATE OF TERMINATION .18
5. T
HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A19
S
TATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS BEEN TERMINATED20
FROM THE COMPACT, UNLESS AGREED UPON IN WRITING BETWEEN THE21
C
OMMISSION AND THE DEFAULTING STATE.22
6. T
HE DEFAULTING STATE MAY APPEAL THE ACTION OF THE23
C
OMMISSION BY PETITIONING THE U.S. DISTRICT COURT FOR THE24
D
ISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT WHERE THE25
C
OMMISSION HAS ITS PRINCIPAL OFFICES. THE PREVAILING PARTY SHALL26
BE AWARDED ALL COSTS OF SUCH LITIGATION , INCLUDING REASONABLE27
1064
-22- ATTORNEY'S FEES.1
C. Dispute Resolution2
1. U
PON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL3
ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE4
AMONG MEMBER STATES AND BETWEEN MEMBER AND NON-MEMBER5
S
TATES.6
2. T
HE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR7
BOTH BINDING AND NON-BINDING ALTERNATIVE DISPUTE RESOLUTION FOR8
DISPUTES AS APPROPRIATE.9
D. Enforcement10
1. T
HE COMMISSION, IN THE REASONABLE EXERCISE OF ITS11
DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS12
C
OMPACT.13
2. B
Y MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL14
ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF15
C
OLUMBIA OR THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS16
PRINCIPAL OFFICES AGAINST A MEMBER STATE IN DEFAULT TO ENFORCE17
COMPLIANCE WITH THE PROVISIONS OF THE COMPACT AND ITS18
PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT MAY INCLUDE19
BOTH INJUNCTIVE RELIEF AND DAMAGES . IN THE EVENT JUDICIAL20
ENFORCEMENT IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED21
ALL COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY 'S22
FEES. THE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF23
THE COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES24
AVAILABLE UNDER FEDERAL OR STATE LAW.25
ARTICLE XI- EFFECTUATION, WITHDRAWAL,26
AND AMENDMENT27
1064
-23- A. THE COMPACT SHALL COME INTO EFFECT ON THE DATE ON1
WHICH THE COMPACT STATUTE IS ENACTED INTO LAW IN THE TENTH2
M
EMBER STATE.3
1. O
N OR AFTER THE EFFECTIVE DATE OF THE COMPACT, THE4
C
OMMISSION SHALL CONVENE AND REVIEW THE ENACTMENT OF EACH OF5
THE CHARTER MEMBER STATES TO DETERMINE IF THE STATUTE ENACTED6
BY EACH SUCH CHARTER MEMBER STATE IS MATERIALLY DIFFERENT FROM7
THE MODEL COMPACT STATUTE.8
2. A
CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND TO9
BE MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE SHALL10
BE ENTITLED TO THE DEFAULT PROCESS SET FORTH IN ARTICLE X.11
3. M
EMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE12
C
HARTER MEMBER STATES SHALL BE SUBJECT TO THE PROCESS SET FORTH13
IN ARTICLE VII.C.20 TO DETERMINE IF THEIR ENACTMENTS ARE14
MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE AND15
WHETHER THEY QUALIFY FOR PARTICIPATION IN THE COMPACT.16
B. I
F ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT, OR17
IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION18
SHALL REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT19
EVEN IF THE NUMBER OF MEMBER STATES SHOULD BE LESS THAN TEN.20
C. A
NY STATE THAT JOINS THE COMPACT AFTER THE21
C
OMMISSION'S INITIAL ADOPTION OF THE RULES AND BYLAWS SHALL BE22
SUBJECT TO THE RULES AND BYLAWS AS THEY EXIST ON THE DATE ON23
WHICH THE COMPACT BECOMES LAW IN THAT STATE. ANY RULE THAT HAS24
BEEN PREVIOUSLY ADOPTED BY THE COMMISSION SHALL HAVE THE FULL25
FORCE AND EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW IN26
THAT STATE, AS THE RULES AND BYLAWS MAY BE AMENDED AS PROVIDED27
1064
-24- IN THIS COMPACT.1
D. A
NY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY2
ENACTING A STATUTE REPEALING THE SAME .3
1. A
MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT4
UNTIL SIX (6) MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE .5
2. W
ITHDRAWAL SHALL NOT AFFECT THE CONTINUING6
REQUIREMENT OF THE WITHDRAWING STATE'S LICENSING AUTHORITY TO7
COMPLY WITH THE INVESTIGATIVE AND ADVERSE ACTION REPORTING8
REQUIREMENTS OF THIS ACT PRIOR TO THE EFFECTIVE DATE OF9
WITHDRAWAL.10
E. T
HIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO11
AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING12
UPON ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF ALL13
M
EMBER STATES.14
ARTICLE XII- CONSTRUCTION AND SEVERABILITY15
T
HIS COMPACT SHALL BE LIBERALLY CONSTRUED TO EFFECTUATE16
THE PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE17
SEVERABLE AND IF ANY PHRASE , CLAUSE, SENTENCE, OR PROVISION OF18
THIS COMPACT IS DECLARED TO BE CONTRARY TO THE CONSTITUTION OF19
ANY MEMBER STATE OR A STATE SEEKING MEMBERSHIP IN THE COMPACT,20
OR OF THE UNITED STATES OR THE APPLICABILITY THEREOF TO ANY OTHER21
GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD INVALID, THE22
VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE APPLICABILITY23
THEREOF TO ANY GOVERNMENT , AGENCY, PERSON, OR CIRCUMSTANCE24
SHALL NOT BE AFFECTED THEREBY . IF THIS COMPACT SHALL BE HELD25
CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE, THE COMPACT26
SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER27
1064
-25- STATES AND IN FULL FORCE AND EFFECT AS TO THE MEMBER STATE1
AFFECTED AS TO ALL SEVERABLE MATTERS .2
ARTICLE XIII- CONSISTENT EFFECT AND3
CONFLICT WITH OTHER STATE LAWS4
A. N
OTHING HEREIN SHALL PREVENT OR INHIBIT THE5
ENFORCEMENT OF ANY OTHER LAW OF A MEMBER STATE THAT IS NOT6
INCONSISTENT WITH THE COMPACT.7
B. A
NY LAWS, STATUTES, REGULATIONS, OR OTHER LEGAL8
REQUIREMENTS IN A MEMBER STATE IN CONFLICT WITH THE COMPACT ARE9
SUPERSEDED TO THE EXTENT OF THE CONFLICT .10
C. A
LL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION11
AND THE MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR12
TERMS.13
24-60-4403. Notice to revisor of statutes. T
HIS PART 44 TAKES14
EFFECT ON THE DATE THE COMPACT IS ENACTED INTO LAW IN THE TENTH15
C
OMPACT STATE. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF16
EDUCATION SHALL NOTIFY THE REVISOR OF STATUTES IN WRITING WHEN17
THE CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED BY E -MAILING18
THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS PART 4419
TAKES EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE20
C
OMPACT IS ENACTED INTO LAW IN THE TENTH COMPACT STATE OR UPON21
THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES IF THE NOTICE22
DOES NOT SPECIFY A DIFFERENT DATE.23
SECTION 2. Act subject to petition - effective date. This act24
takes effect at 12:01 a.m. on the day following the expiration of the25
ninety-day period after final adjournment of the general assembly; except26
that, if a referendum petition is filed pursuant to section 1 (3) of article V27
1064
-26- of the state constitution against this act or an item, section, or part of this1
act within such period, then the act, item, section, or part will not take2
effect unless approved by the people at the general election to be held in3
November 2024 and, in such case, will take effect on the date of the4
official declaration of the vote thereon by the governor.5
1064
-27-