First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0599.01 Jerry Barry x4341
HOUSE BILL 23-1064
House Committees Senate Committees
Education 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.
SENATE
3rd Reading Unamended
March 2, 2023
SENATE
Amended 2nd Reading
March 1, 2023
HOUSE
3rd Reading Unamended
February 9, 2023
HOUSE
2nd Reading Unamended
February 8, 2023
HOUSE SPONSORSHIP
Lukens and Young, Bird, Boesenecker, Brown, Daugherty, Dickson, Duran, English,
Epps, Froelich, Hamrick, Herod, Jodeh, Kipp, Lieder, Lindsay, Lindstedt, Mabrey, Marshall,
Martinez, McCluskie, McCormick, McLachlan, Michaelson Jenet, Ricks, Sharbini, Sirota,
Snyder, Story, Titone, Valdez, Velasco, Willford, Woodrow
SENATE SPONSORSHIP
Marchman and Kolker, Bridges, Buckner, Coleman, Cutter, Danielson, Exum, Fenberg,
Fields, Ginal, Gonzales, Jaquez Lewis, Moreno, Mullica, Priola, Roberts, Rodriguez, Winter
F., Zenzinger
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 ARMED FORCES
OF THE UNITED STATES,13
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 ARMED FORCES
OF14
THE UNITED STATES INCLUDING MEMBERS OF THE NATIONAL GUARD AND15
R
ESERVE
MOVING AS A RESULT OF A MILITARY MISSION OR MILITARY16
CAREER PROGRESSION REQUIREMENTS OR ARE ON THEIR TERMINAL MOVE17
AS A RESULT OF SEPARATION OR RETIREMENT (TO INCLUDE SURVIVING18
SPOUSES OF DECEASED MILITARY MEMBERS ).19
J. "E
XECUTIVE COMMITTEE" - MEANS A GROUP OF COMMISSIONERS20
ELECTED OR APPOINTED TO ACT ON BEHALF OF , AND WITHIN THE POWERS21
GRANTED TO THEM BY, THE COMMISSION AS PROVIDED FOR HEREIN .22
K. "L
ICENSING AUTHORITY" - MEANS AN OFFICIAL, AGENCY,23
BOARD, OR OTHER ENTITY OF A STATE THAT IS RESPONSIBLE FOR THE24
LICENSING AND REGULATION OF TEACHERS AUTHORIZED TO TEACH IN P-1225
PUBLIC EDUCATIONAL SETTINGS.26
L. "M
EMBER STATE" - MEANS ANY STATE THAT HAS ADOPTED THIS27
1064
-4- COMPACT, INCLUDING ALL AGENCIES AND OFFICIALS OF SUCH A STATE.1
M. "R
ECEIVING STATE" - MEANS ANY STATE WHERE A TEACHER2
HAS APPLIED FOR LICENSURE UNDER THIS COMPACT.3
N. "R
ULE" - MEANS ANY REGULATION PROMULGATED BY THE4
C
OMMISSION UNDER THIS COMPACT, WHICH SHALL HAVE THE FORCE OF5
LAW IN EACH MEMBER STATE.6
O. "S
TATE" - MEANS A STATE, TERRITORY, OR POSSESSION OF THE7
U
NITED STATES, AND THE DISTRICT OF COLUMBIA.8
P. "S
TATE PRACTICE LAWS" - MEANS A MEMBER STATE'S LAWS,9
R
ULES, AND REGULATIONS THAT GOVERN THE TEACHING PROFESSION ,10
DEFINE THE SCOPE OF SUCH PROFESSION, AND CREATE THE METHODS AND11
GROUNDS FOR IMPOSING DISCIPLINE.12
Q. "S
TATE SPECIFIC REQUIREMENTS" - MEANS A REQUIREMENT13
FOR LICENSURE COVERED IN COURSEWORK OR EXAMINATION THAT14
INCLUDES CONTENT OF UNIQUE INTEREST TO THE STATE.15
R. "T
EACHER" - MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS16
AN AUTHORIZATION FROM A MEMBER STATE THAT FORMS THE BASIS FOR17
EMPLOYMENT IN THE P-12 PUBLIC SCHOOLS OF THE STATE TO PROVIDE18
INSTRUCTION IN A SPECIFIC SUBJECT AREA, GRADE LEVEL, OR STUDENT19
POPULATION.20
S. "U
NENCUMBERED LICENSE" - MEANS A CURRENT , VALID21
AUTHORIZATION ISSUED BY A MEMBER STATE'S LICENSING AUTHORITY22
ALLOWING AN INDIVIDUAL TO SERVE AS A TEACHER IN P-12 PUBLIC23
EDUCATIONAL SETTINGS . AN UNENCUMBERED LICENSE IS NOT A24
RESTRICTED, PROBATIONARY, PROVISIONAL, SUBSTITUTE, OR TEMPORARY25
CREDENTIAL.26
ARTICLE III- LICENSURE UNDER THE COMPACT27
1064
-5- A. LICENSURE UNDER THIS COMPACT PERTAINS ONLY TO THE1
INITIAL GRANT OF A LICENSE BY THE RECEIVING STATE. NOTHING HEREIN2
APPLIES TO ANY SUBSEQUENT OR ONGOING COMPLIANCE REQUIREMENTS3
THAT A RECEIVING STATE MIGHT REQUIRE FOR TEACHERS.4
B. E
ACH MEMBER STATE SHALL, IN ACCORDANCE WITH THE RULES5
OF THE COMMISSION, DEFINE, COMPILE, AND UPDATE AS NECESSARY , A6
LIST OF ELIGIBLE LICENSES AND CAREER AND TECHNICAL EDUCATION7
L
ICENSES THAT THE MEMBER STATE IS WILLING TO CONSIDER FOR8
EQUIVALENCY UNDER THIS COMPACT AND PROVIDE THE LIST TO THE9
C
OMMISSION. THE LIST SHALL INCLUDE THOSE LICENSES THAT A10
R
ECEIVING STATE IS WILLING TO GRANT TO TEACHERS FROM OTHER11
M
EMBER STATES, PENDING A DETERMINATION OF EQUIVALENCY BY THE12
R
ECEIVING STATE'S LICENSING AUTHORITY.13
C. U
PON THE RECEIPT OF AN APPLICATION FOR LICENSURE BY A14
T
EACHER HOLDING AN UNENCUMBERED ELIGIBLE LICENSE, THE15
R
ECEIVING STATE SHALL DETERMINE WHICH OF THE RECEIVING STATE'S16
E
LIGIBLE LICENSES THE TEACHER IS QUALIFIED TO HOLD AND SHALL17
GRANT SUCH A LICENSE OR LICENSES TO THE APPLICANT . SUCH A18
DETERMINATION SHALL BE MADE IN THE SOLE DISCRETION OF THE19
R
ECEIVING STATE'S LICENSING AUTHORITY AND MAY INCLUDE A20
DETERMINATION THAT THE APPLICANT IS NOT ELIGIBLE FOR ANY OF THE21
R
ECEIVING STATE'S ELIGIBLE LICENSES. FOR ALL TEACHERS WHO HOLD22
AN UNENCUMBERED LICENSE, THE RECEIVING STATE SHALL GRANT ONE23
OR MORE UNENCUMBERED LICENSE(S) THAT, IN THE RECEIVING STATE'S24
SOLE DISCRETION, ARE EQUIVALENT TO THE LICENSE (S) HELD BY THE25
T
EACHER IN ANY OTHER MEMBER STATE.26
D. F
OR ACTIVE MILITARY MEMBERS AND ELIGIBLE MILITARY27
1064
-6- SPOUSES WHO HOLD A LICENSE THAT IS NOT UNENCUMBERED, THE1
R
ECEIVING STATE SHALL GRANT AN EQUIVALENT LICENSE OR LICENSES2
THAT, IN THE RECEIVING STATE'S SOLE DISCRETION, IS EQUIVALENT TO3
THE LICENSE OR LICENSES HELD BY THE TEACHER IN ANY OTHER MEMBER4
S
TATE, EXCEPT WHERE THE RECEIVING STATE DOES NOT HAVE AN5
EQUIVALENT LICENSE.6
E. F
OR A TEACHER HOLDING AN UNENCUMBERED CAREER AND7
T
ECHNICAL EDUCATION LICENSE, THE RECEIVING STATE SHALL GRANT AN8
U
NENCUMBERED LICENSE EQUIVALENT TO THE CAREER AND TECHNICAL9
E
DUCATION LICENSE HELD BY THE APPLYING TEACHER AND ISSUED BY10
ANOTHER MEMBER STATE, AS DETERMINED BY THE RECEIVING STATE IN11
ITS SOLE DISCRETION, EXCEPT WHERE A CAREER AND TECHNICAL12
E
DUCATION TEACHER DOES NOT HOLD A BACHELOR 'S DEGREE AND THE13
R
ECEIVING STATE REQUIRES A BACHELOR 'S DEGREE FOR LICENSES TO14
TEACH CAREER AND TECHNICAL EDUCATION. A RECEIVING STATE MAY15
REQUIRE CAREER AND TECHNICAL EDUCATION TEACHERS TO MEET STATE16
INDUSTRY RECOGNIZED REQUIREMENTS , IF REQUIRED BY LAW IN THE17
R
ECEIVING STATE.18
ARTICLE IV- LICENSURE NOT UNDER THE COMPACT19
A. E
XCEPT AS PROVIDED IN ARTICLE III ABOVE, NOTHING IN THIS20
C
OMPACT SHALL BE CONSTRUED TO LIMIT OR INHIBIT THE POWER OF A21
M
EMBER STATE TO REGULATE LICENSURE OR ENDORSEMENTS OVERSEEN22
BY THE MEMBER STATE'S LICENSING AUTHORITY.23
B. W
HEN A TEACHER IS REQUIRED TO RENEW A LICENSE RECEIVED24
PURSUANT TO THIS COMPACT, THE STATE GRANTING SUCH A LICENSE MAY25
REQUIRE THE TEACHER TO COMPLETE STATE SPECIFIC REQUIREMENTS AS26
A CONDITION OF LICENSURE RENEWAL OR ADVANCEMENT IN THAT STATE.27
1064
-7- C. FOR THE PURPOSES OF DETERMINING COMPENSATION , A1
R
ECEIVING STATE MAY REQUIRE ADDITIONAL INFORMATION FROM2
T
EACHERS RECEIVING A LICENSE UNDER THE PROVISIONS OF THIS3
C
OMPACT.4
D. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO LIMIT THE5
POWER OF A MEMBER STATE TO CONTROL AND MAINTAIN OWNERSHIP OF6
ITS INFORMATION PERTAINING TO TEACHERS, OR LIMIT THE APPLICATION7
OF A MEMBER STATE'S LAWS OR REGULATIONS GOVERNING THE8
OWNERSHIP, USE, OR DISSEMINATION OF INFORMATION PERTAINING TO9
T
EACHERS.10
E. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO11
INVALIDATE OR ALTER ANY EXISTING AGREEMENT OR OTHER COOPERATIVE12
ARRANGEMENT WHICH A MEMBER STATE MAY ALREADY BE A PARTY TO ,13
OR LIMIT THE ABILITY OF A MEMBER STATE TO PARTICIPATE IN ANY14
FUTURE AGREEMENT OR OTHER COOPERATIVE ARRANGEMENT TO :15
1. A
WARD TEACHING LICENSES OR OTHER BENEFITS BASED ON16
ADDITIONAL PROFESSIONAL CREDENTIALS , INCLUDING, BUT NOT LIMITED17
TO, NATIONAL BOARD CERTIFICATION;18
2. P
ARTICIPATE IN THE EXCHANGE OF NAMES OF TEACHERS WHOSE19
LICENSE HAS BEEN SUBJECT TO AN ADVERSE ACTION BY A MEMBER20
S
TATE; OR21
3. P
ARTICIPATE IN ANY AGREEMENT OR COOPERATIVE22
ARRANGEMENT WITH A NON -MEMBER STATE.23
ARTICLE V- TEACHER QUALIFICATIONS AND24
REQUIREMENTS FOR LICENSURE UNDER THE COMPACT25
A. E
XCEPT AS PROVIDED FOR ACTIVE MILITARY MEMBERS OR26
E
LIGIBLE MILITARY SPOUSES IN ARTICLE III.D ABOVE, A TEACHER MAY27
1064
-8- ONLY BE ELIGIBLE TO RECEIVE A LICENSE UNDER THIS COMPACT WHERE1
THAT TEACHER HOLDS AN UNENCUMBERED LICENSE IN A MEMBER STATE.2
B. A
TEACHER ELIGIBLE TO RECEIVE A LICENSE UNDER THIS3
C
OMPACT SHALL, UNLESS OTHERWISE PROVIDED FOR HEREIN :4
1. U
PON THEIR APPLICATION TO RECEIVE A LICENSE UNDER THIS5
C
OMPACT, UNDERGO A CRIMINAL BACKGROUND CHECK IN THE RECEIVING6
S
TATE IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE7
R
ECEIVING STATE; AND8
2. P
ROVIDE THE RECEIVING STATE WITH INFORMATION IN9
ADDITION TO THE INFORMATION REQUIRED FOR LICENSURE FOR THE10
PURPOSES OF DETERMINING COMPENSATION , IF APPLICABLE.11
ARTICLE VI- DISCIPLINE / ADVERSE ACTIONS12
A. N
OTHING IN THIS COMPACT SHALL BE DEEMED OR CONSTRUED13
TO LIMIT THE AUTHORITY OF A MEMBER STATE TO INVESTIGATE OR14
IMPOSE DISCIPLINARY MEASURES ON TEACHERS ACCORDING TO THE STATE15
P
RACTICE LAWS THEREOF.16
B. M
EMBER STATES SHALL BE AUTHORIZED TO RECEIVE , AND17
SHALL PROVIDE, FILES AND INFORMATION REGARDING THE INVESTIGATION18
AND DISCIPLINE, IF ANY, OF TEACHERS IN OTHER MEMBER STATES UPON19
REQUEST. ANY MEMBER STATE RECEIVING SUCH INFORMATION OR FILES20
SHALL PROTECT AND MAINTAIN THE SECURITY AND CONFIDENTIALITY21
THEREOF, IN AT LEAST THE SAME MANNER THAT IT MAINTAINS ITS OWN22
INVESTIGATORY OR DISCIPLINARY FILES AND INFORMATION . PRIOR TO23
DISCLOSING ANY DISCIPLINARY OR INVESTIGATORY INFORMATION24
RECEIVED FROM ANOTHER MEMBER STATE, THE DISCLOSING STATE SHALL25
COMMUNICATE ITS INTENTION AND PURPOSE FOR SUCH DISCLOSURE TO THE26
M
EMBER STATE WHICH ORIGINALLY PROVIDED THAT INFORMATION .27
1064
-9- ARTICLE VII- ESTABLISHMENT OF THE INTERSTATE1
TEACHER MOBILITY COMPACT COMMISSION2
A. T
HE INTERSTATE COMPACT MEMBER STATES HEREBY CREATE3
AND ESTABLISH A JOINT PUBLIC AGENCY KNOWN AS THE INTERSTATE4
T
EACHER MOBILITY COMPACT COMMISSION:5
1. T
HE COMMISSION IS A JOINT INTERSTATE GOVERNMENTAL6
AGENCY COMPRISED OF STATES THAT HAVE ENACTED THE INTERSTATE7
T
EACHER MOBILITY COMPACT.8
2. N
OTHING IN THIS INTERSTATE COMPACT SHALL BE CONSTRUED9
TO BE A WAIVER OF SOVEREIGN IMMUNITY .10
B. Membership, Voting, and Meetings11
1. E
ACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1)12
DELEGATE TO THE COMMISSION, WHO SHALL BE GIVEN THE TITLE OF13
C
OMMISSIONER.14
2. T
HE COMMISSIONER SHALL BE THE PRIMARY ADMINISTRATIVE15
OFFICER OF THE STATE LICENSING AUTHORITY OR THEIR DESIGNEE.16
3. A
NY COMMISSIONER MAY BE REMOVED OR SUSPENDED FROM17
OFFICE AS PROVIDED BY THE LAW OF THE STATE FROM WHICH THE18
C
OMMISSIONER IS APPOINTED.19
4. T
HE MEMBER STATE SHALL FILL ANY VACANCY OCCURRING IN20
THE COMMISSION WITHIN NINETY (90) DAYS.21
5. E
ACH COMMISSIONER SHALL BE ENTITLED TO ONE (1) VOTE22
ABOUT THE PROMULGATION OF RULES AND CREATION OF BYLAWS AND23
SHALL OTHERWISE HAVE AN OPPORTUNITY TO PARTICIPATE IN THE24
BUSINESS AND AFFAIRS OF THE COMMISSION. A COMMISSIONER SHALL25
VOTE IN PERSON OR BY SUCH OTHER MEANS AS PROVIDED IN THE BYLAWS.26
T
HE BYLAWS MAY PROVIDE FOR COMMISSIONERS' PARTICIPATION IN27
1064
-10- MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION .1
6. T
HE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH2
CALENDAR YEAR. ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN3
THE BYLAWS.4
7. T
HE COMMISSION SHALL ESTABLISH BY RULE A TERM OF OFFICE5
FOR COMMISSIONERS.6
C. T
HE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND7
DUTIES:8
1. E
STABLISH A CODE OF ETHICS FOR THE COMMISSION.9
2. E
STABLISH THE FISCAL YEAR OF THE COMMISSION.10
3. E
STABLISH BYLAWS FOR THE COMMISSION.11
4. M
AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE12
B
YLAWS OF THE COMMISSION.13
5. M
EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE14
PROVISIONS OF THIS INTERSTATE COMPACT , THE BYLAWS, AND RULES OF15
THE COMMISSION.16
6. P
ROMULGATE UNIFORM RULES TO IMPLEMENT AND ADMINISTER17
THIS INTERSTATE COMPACT. THE RULES SHALL HAVE THE FORCE AND18
EFFECT OF LAW AND SHALL BE BINDING IN ALL MEMBER STATES. IN THE19
EVENT THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A20
MANNER THAT IS BEYOND THE SCOPE OF THE PURPOSES OF THE COMPACT,21
OR THE POWERS GRANTED HEREUNDER , THEN SUCH AN ACTION BY THE22
C
OMMISSION SHALL BE INVALID AND HAVE NO FORCE AND EFFECT OF LAW .23
7. B
RING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE24
NAME OF THE COMMISSION, PROVIDED THAT THE STANDING OF ANY25
M
EMBER STATE LICENSING AUTHORITY TO SUE OR BE SUED UNDER26
APPLICABLE LAW SHALL NOT BE AFFECTED .27
1064
-11- 8. PURCHASE AND MAINTAIN INSURANCE AND BONDS .1
9. B
ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL ,2
INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE, OR AN3
ASSOCIATED NON-GOVERNMENTAL ORGANIZATION THAT IS OPEN TO4
MEMBERSHIP BY ALL STATES.5
10. H
IRE EMPLOYEES, ELECT, OR APPOINT OFFICERS , FIX6
COMPENSATION, DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE7
AUTHORITY TO CARRY OUT THE PURPOSES OF THE COMPACT, AND8
ESTABLISH THE COMMISSION'S PERSONNEL POLICIES AND PROGRAMS9
RELATING TO CONFLICTS OF INTEREST , QUALIFICATIONS OF PERSONNEL,10
AND OTHER RELATED PERSONNEL MATTERS .11
11. L
EASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS12
OF, OR OTHERWISE OWN, HOLD, IMPROVE, OR USE, ANY PROPERTY, REAL,13
PERSONAL OR MIXED, PROVIDED THAT AT ALL TIMES THE COMMISSION14
SHALL AVOID ANY APPEARANCE OF IMPROPRIETY .15
12. S
ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,16
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY REAL, PERSONAL, OR17
MIXED.18
13. E
STABLISH A BUDGET AND MAKE EXPENDITURES .19
14. B
ORROW MONEY.20
15. A
PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES21
COMPOSED OF MEMBERS AND SUCH OTHER INTERESTED PERSONS AS MAY22
BE DESIGNATED IN THIS INTERSTATE COMPACT , RULES, OR BYLAWS.23
16. P
ROVIDE AND RECEIVE INFORMATION FROM , AND COOPERATE24
WITH, LAW ENFORCEMENT AGENCIES .25
17. E
STABLISH AND ELECT AN EXECUTIVE COMMITTEE.26
18. E
STABLISH AND DEVELOP A CHARTER FOR AN EXECUTIVE27
1064
-12- INFORMATION GOVERNANCE COMMITTEE TO ADVISE ON FACILITATING1
EXCHANGE OF INFORMATION ; USE OF INFORMATION, DATA PRIVACY, AND2
TECHNICAL SUPPORT NEEDS, AND PROVIDE REPORTS AS NEEDED.3
19. P
ERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR4
APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS INTERSTATE COMPACT5
CONSISTENT WITH THE STATE REGULATION OF TEACHER LICENSURE.6
20. D
ETERMINE WHETHER A STATE'S ADOPTED LANGUAGE IS7
MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH8
THAT THE STATE WOULD NOT QUALIFY FOR PARTICIPATION IN THE9
C
OMPACT.10
D. The Executive Committee of the Interstate Teacher11
Mobility Compact Commission12
1. T
HE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT13
ON BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS14
INTERSTATE COMPACT.15
2. T
HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF EIGHT16
VOTING MEMBERS:17
a. T
HE COMMISSION CHAIR, VICE CHAIR, AND TREASURER; AND18
b. F
IVE MEMBERS WHO ARE ELECTED BY THE COMMISSION FROM19
THE CURRENT MEMBERSHIP :20
i. F
OUR VOTING MEMBERS REPRESENTING GEOGRAPHIC REGIONS21
IN ACCORDANCE WITH COMMISSION RULES; AND22
ii. O
NE AT LARGE VOTING MEMBER IN ACCORDANCE WITH23
C
OMMISSION RULES.24
3. T
HE COMMISSION MAY ADD OR REMOVE MEMBERS OF THE25
E
XECUTIVE COMMITTEE AS PROVIDED IN COMMISSION RULES.26
4. T
HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ONCE27
1064
-13- ANNUALLY.1
5. T
HE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING2
DUTIES AND RESPONSIBILITIES:3
a. R
ECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE4
R
ULES OR BYLAWS, CHANGES TO THE COMPACT LEGISLATION, FEES PAID5
BY INTERSTATE COMPACT MEMBER STATES SUCH AS ANNUAL DUES, AND6
ANY COMPACT FEE CHARGED BY THE MEMBER STATES ON BEHALF OF THE7
C
OMMISSION.8
b. E
NSURE COMMISSION ADMINISTRATION SERVICES ARE9
APPROPRIATELY PROVIDED, CONTRACTUAL OR OTHERWISE .10
c. P
REPARE AND RECOMMEND THE BUDGET .11
d. M
AINTAIN FINANCIAL RECORDS ON BEHALF OF THE12
C
OMMISSION.13
e. M
ONITOR COMPLIANCE OF MEMBER STATES AND PROVIDE14
REPORTS TO THE COMMISSION.15
f. P
ERFORM OTHER DUTIES AS PROVIDED IN RULES OR BYLAWS.16
6. Meetings of the Commission17
a. A
LL MEETINGS SHALL BE OPEN TO THE PUBLIC , AND PUBLIC18
NOTICE OF MEETINGS SHALL BE GIVEN IN ACCORDANCE WITH COMMISSION19
B
YLAWS.20
b. T
HE COMMISSION OR THE EXECUTIVE COMMITTEE OR OTHER21
COMMITTEES OF THE COMMISSION MAY CONVENE IN A CLOSED ,22
NON-PUBLIC MEETING IF THE COMMISSION OR EXECUTIVE COMMITTEE OR23
OTHER COMMITTEES OF THE COMMISSION MUST DISCUSS:24
i. N
ON-COMPLIANCE OF A MEMBER STATE WITH ITS OBLIGATIONS25
UNDER THE COMPACT.26
ii. T
HE EMPLOYMENT, COMPENSATION, DISCIPLINE, OR OTHER27
1064
-14- MATTERS, PRACTICES, OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES1
OR OTHER MATTERS RELATED TO THE COMMISSION'S INTERNAL2
PERSONNEL PRACTICES AND PROCEDURES .3
iii. C
URRENT, THREATENED, OR REASONABLY ANTICIPATED4
LITIGATION.5
iv. N
EGOTIATION OF CONTRACTS FOR THE PURCHASE , LEASE, OR6
SALE OF GOODS, SERVICES, OR REAL ESTATE.7
v. A
CCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING8
ANY PERSON.9
vi. D
ISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL10
INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL .11
vii. D
ISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE12
DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF13
PERSONAL PRIVACY.14
viii. D
ISCLOSURE OF INVESTIGATIVE RECORDS COMPILED FOR LAW15
ENFORCEMENT PURPOSES .16
ix. D
ISCLOSURE OF INFORMATION RELATED TO ANY INVESTIGATIVE17
REPORTS PREPARED BY OR ON BEHALF OF OR FOR USE OF THE COMMISSION18
OR OTHER COMMITTEE CHARGED WITH RESPONSIBILITY OF INVESTIGATION19
OR DETERMINATION OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT.20
x. M
ATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY21
FEDERAL OR MEMBER STATE STATUTE.22
xi. O
THERS MATTERS AS SET FORTH BY COMMISSION BYLAWS AND23
R
ULES.24
c. I
F A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT25
TO THIS PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE26
SHALL CERTIFY THAT THE MEETING MAY BE CLOSED AND SHALL27
1064
-15- REFERENCE EACH RELEVANT EXEMPTING PROVISION .1
d. T
HE COMMISSION SHALL KEEP MINUTES OF COMMISSION2
MEETINGS AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF3
ACTIONS TAKEN, AND THE REASONS THEREFORE , INCLUDING A4
DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS CONSIDERED IN5
CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES .6
A
LL MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN7
UNDER SEAL, SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE8
C
OMMISSION OR ORDER OF A COURT OF COMPETENT JURISDICTION .9
7. Financing of the Commission10
a. T
HE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT11
OF, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT , ORGANIZATION,12
AND ONGOING ACTIVITIES.13
b. T
HE COMMISSION MAY ACCEPT ALL APPROPRIATE DONATIONS14
AND GRANTS OF MONEY , EQUIPMENT, SUPPLIES, MATERIALS, AND15
SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE SAME, PROVIDED16
THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY APPEARANCE OF17
IMPROPRIETY OR CONFLICT OF INTEREST.18
c. T
HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL19
ASSESSMENT FROM EACH MEMBER STATE OR IMPOSE FEES ON OTHER20
PARTIES TO COVER THE COST OF THE OPERATIONS AND ACTIVITIES OF THE21
C
OMMISSION, IN ACCORDANCE WITH THE COMMISSION RULES.22
d. T
HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND23
PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME ; NOR SHALL24
THE COMMISSION PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES,25
EXCEPT BY AND WITH THE AUTHORITY OF THE MEMBER STATE.26
e. T
HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL27
1064
-16- RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND DISBURSEMENTS OF1
THE COMMISSION SHALL BE SUBJECT TO ACCOUNTING PROCEDURES2
ESTABLISHED UNDER COMMISSION BYLAWS. ALL RECEIPTS AND3
DISBURSEMENTS OF FUNDS OF THE COMMISSION SHALL BE REVIEWED4
ANNUALLY IN ACCORDANCE WITH COMMISSION BYLAWS, AND A REPORT5
OF THE REVIEW SHALL BE INCLUDED IN AND BECOME PART OF THE ANNUAL6
REPORT OF THE COMMISSION.7
8. Qualified Immunity, Defense, and Indemnification8
a. T
HE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES,9
AND REPRESENTATIVES OF THE COMMISSION SHALL BE IMMUNE FROM SUIT10
AND LIABILITY, EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY, FOR11
ANY CLAIM FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY12
OR OTHER CIVIL LIABILITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR13
ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED , OR THAT THE14
PERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS15
FOR BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION16
EMPLOYMENT, DUTIES, OR RESPONSIBILITIES; PROVIDED THAT NOTHING IN17
THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON18
FROM SUIT OR LIABILITY FOR ANY DAMAGE , LOSS, INJURY, OR LIABILITY19
CAUSED BY THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF20
THAT PERSON.21
b. T
HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,22
EXECUTIVE DIRECTOR , EMPLOYEE, OR REPRESENTATIVE OF THE23
C
OMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING24
OUT OF ANY ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION THAT25
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR26
RESPONSIBILITIES, OR THAT THE PERSON AGAINST WHOM THE CLAIM IS27
1064
-17- MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE1
SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;2
PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THAT3
PERSON FROM RETAINING HIS OR HER OWN COUNSEL ; AND PROVIDED4
FURTHER, THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION DID5
NOT RESULT FROM THAT PERSON'S INTENTIONAL OR WILLFUL OR WANTON6
MISCONDUCT.7
c. T
HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY8
MEMBER, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE, OR REPRESENTATIVE9
OF THE COMMISSION FOR THE AMOUNT OF ANY SETTLEMENT OR J UDGMENT10
OBTAINED AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR11
ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE12
OF COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR THAT13
SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED14
WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR15
RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT , ERROR,16
OR OMISSION DID NOT RESULT FROM THE INTENTIONAL OR WILLFUL OR17
WANTON MISCONDUCT OF THAT PERSON .18
ARTICLE VIII- RULEMAKING19
A. T
HE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS20
PURSUANT TO THE CRITERIA SET FORTH IN THIS INTERSTATE COMPACT AND21
THE RULES ADOPTED THEREUNDER . RULES AND AMENDMENTS SHALL22
BECOME BINDING AS OF THE DATE SPECIFIED IN EACH RULE OR23
AMENDMENT.24
B. T
HE COMMISSION SHALL PROMULGATE REASONABLE RULES TO25
ACHIEVE THE INTENT AND PURPOSE OF THIS INTERSTATE COMPACT . IN THE26
EVENT THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A27
1064
-18- MANNER THAT IS BE YOND PURPOSE AND INTENT OF THIS INTERSTATE1
COMPACT, OR THE POWERS GRANTED HEREUNDER , THEN SUCH AN ACTION2
BY THE COMMISSION SHALL BE INVALID AND HAVE NO FORCE AND EFFECT3
OF LAW IN THE MEMBER STATES.4
C. I
F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES5
REJECTS A RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE6
SAME MANNER USED TO ADOPT THE COMPACT WITHIN FOUR (4) YEARS OF7
THE DATE OF ADOPTION OF THE RULE, THEN SUCH RULE SHALL HAVE NO8
FURTHER FORCE AND EFFECT IN ANY MEMBER STATE.9
D. R
ULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED OR10
RATIFIED AT A REGULAR OR SPECIAL MEETING OF THE COMMISSION IN11
ACCORDANCE WITH COMMISSION RULES AND BYLAWS.12
E. U
PON DETERMINATION THAT AN EMERGENCY EXISTS , THE13
C
OMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITH14
FORTY-EIGHT (48) HOURS' NOTICE, WITH OPPORTUNITY TO COMMENT ,15
PROVIDED THAT THE USUAL RULEMAKING PROCEDURES SHALL BE16
RETROACTIVELY APPLIED TO THE RULE AS SOON AS REASONABLY17
POSSIBLE, IN NO EVENT LATER THAN NINETY (90) DAYS AFTER THE18
EFFECTIVE DATE OF THE RULE. FOR THE PURPOSES OF THIS PROVISION, AN19
EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATELY IN20
ORDER TO:21
1. M
EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY, OR22
WELFARE.23
2. P
REVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS.24
3. M
EET A DEADLINE FOR THE PROMULGATION OF AN25
ADMINISTRATIVE RULE THAT IS ESTABLISHED BY FEDERAL LAW OR RULE;26
OR27
1064
-19- 4. PROTECT PUBLIC HEALTH AND SAFETY .1
ARTICLE IX- FACILITATING INFORMATION EXCHANGE2
A. T
HE COMMISSION SHALL PROVIDE FOR FACILITATING THE3
EXCHANGE OF INFORMATION TO ADMINISTER AND IMPLEMENT THE4
PROVISIONS OF THIS COMPACT IN ACCORDANCE WITH THE RULES OF THE5
C
OMMISSION, CONSISTENT WITH GENERALLY ACCEPTED DATA PROTECTION6
PRINCIPLES.7
B. N
OTHING IN THIS COMPACT SHALL BE DEEMED OR CONSTRUED8
TO ALTER, LIMIT, OR INHIBIT THE POWER OF A MEMBER STATE TO9
CONTROL AND MAINTAIN OWNERSHIP OF ITS LICENSEE INFORMATION OR10
ALTER, LIMIT, OR INHIBIT THE LAWS OR REGULATIONS GOVERNING11
LICENSEE INFORMATION IN THE MEMBER STATE.12
ARTICLE X- OVERSIGHT, DISPUTE RESOLUTION, AND13
ENFORCEMENT14
A. Oversight15
1. T
HE EXECUTIVE AND JUDICIAL BRANCHES OF STATE16
GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE THIS COMPACT17
AND TAKE ALL ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE18
THE COMPACT'S PURPOSES AND INTENT . THE PROVISIONS OF THIS19
C
OMPACT SHALL HAVE STANDING AS STATUTORY LAW .20
2. V
ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST21
THE COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN A22
COURT OF COMPETENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE23
C
OMMISSION IS LOCATED. THE COMMISSION MAY WAIVE VENUE AND24
JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR CONSENTS TO25
PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION PROCEEDINGS .26
N
OTHING HEREIN SHALL AFFECT OR LIMIT THE SELECTION OR PROPRIETY27
1064
-20- OF VENUE IN ANY ACTION AGAINST A LICENSEE FOR PROFESSIONAL1
MALPRACTICE, MISCONDUCT, OR ANY SUCH SIMILAR MATTER.2
3. A
LL COURTS AND ALL ADMINISTRATIVE AGENCIES SHALL TAKE3
JUDICIAL NOTICE OF THE COMPACT, THE RULES OF THE COMMISSION, AND4
ANY INFORMATION PROVIDED TO A MEMBER STATE PURSUANT THERETO5
IN ANY JUDICIAL OR QUASI -JUDICIAL PROCEEDING IN A MEMBER STATE6
PERTAINING TO THE SUBJECT MATTER OF THIS COMPACT, OR WHICH MAY7
AFFECT THE POWERS, RESPONSIBILITIES, OR ACTIONS OF THE COMMISSION.8
4. T
HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF9
PROCESS IN ANY PROCEEDING REGARDING THE ENFORCEMENT OR10
INTERPRETATION OF THE COMPACT AND SHALL HAVE STANDING TO11
INTERVENE IN SUCH A PROCEEDING FOR ALL PURPOSES . FAILURE TO12
PROVIDE THE COMMISSION SERVICE OF PROCESS SHALL RENDER A13
JUDGMENT OR ORDER VOID AS TO THE COMMISSION, THIS COMPACT, OR14
PROMULGATED RULES.15
B. Default, Technical Assistance, and Termination16
1. I
F THE COMMISSION DETERMINES THAT A MEMBER STATE HAS17
DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR18
RESPONSIBILITIES UNDER THIS COMPACT OR THE PROMULGATED RULES,19
THE COMMISSION SHALL:20
a. P
ROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND21
OTHER MEMBER STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED22
MEANS OF CURING THE DEFAULT, OR ANY OTHER ACTION TO BE TAKEN BY23
THE COMMISSION; AND24
b. P
ROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL25
ASSISTANCE REGARDING THE DEFAULT .26
2. I
F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE27
1064
-21- DEFAULTING STATE MAY BE TERMINATED FROM THE COMPACT UPON AN1
AFFIRMATIVE VOTE OF A MAJORITY OF THE COMMISSIONERS OF THE2
M
EMBER STATES, AND ALL RIGHTS , PRIVILEGES, AND BENEFITS3
CONFERRED ON THAT STATE BY THIS COMPACT MAY BE TERMINATED ON4
THE EFFECTIVE DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT5
RELIEVE THE OFFENDING STATE OF OBLIGATIONS OR LIABILITIES INCURRED6
DURING THE PERIOD OF DEFAULT.7
3. T
ERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE8
IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE9
BEEN EXHAUSTED. NOTICE OF INTENT TO SUSPEND OR TERMINATE SHALL10
BE GIVEN BY THE COMMISSION TO THE GOVERNOR , THE MAJORITY AND11
MINORITY LEADERS OF THE DEFAULTING STATE'S LEGISLATURE, THE12
S
TATE LICENSING AUTHORITY, AND EACH OF THE MEMBER STATES.13
4. A
STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL14
ASSESSMENTS, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE15
EFFECTIVE DATE OF TERMINATION, INCLUDING OBLIGATIONS THAT EXTEND16
BEYOND THE EFFECTIVE DATE OF TERMINATION .17
5. T
HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A18
S
TATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS BEEN TERMINATED19
FROM THE COMPACT, UNLESS AGREED UPON IN WRITING BETWEEN THE20
C
OMMISSION AND THE DEFAULTING STATE.21
6. T
HE DEFAULTING STATE MAY APPEAL THE ACTION OF THE22
C
OMMISSION BY PETITIONING THE U.S. DISTRICT COURT FOR THE23
D
ISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT WHERE THE24
C
OMMISSION HAS ITS PRINCIPAL OFFICES. THE PREVAILING PARTY SHALL25
BE AWARDED ALL COSTS OF SUCH LITIGATION , INCLUDING REASONABLE26
ATTORNEY'S FEES.27
1064
-22- C. Dispute Resolution1
1. U
PON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL2
ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE3
AMONG MEMBER STATES AND BETWEEN MEMBER AND NON-MEMBER4
S
TATES.5
2. T
HE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR6
BOTH BINDING AND NON-BINDING ALTERNATIVE DISPUTE RESOLUTION FOR7
DISPUTES AS APPROPRIATE.8
D. Enforcement9
1. T
HE COMMISSION, IN THE REASONABLE EXERCISE OF ITS10
DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS11
C
OMPACT.12
2. B
Y MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL13
ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF14
C
OLUMBIA OR THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS15
PRINCIPAL OFFICES AGAINST A MEMBER STATE IN DEFAULT TO ENFORCE16
COMPLIANCE WITH THE PROVISIONS OF THE COMPACT AND ITS17
PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT MAY INCLUDE18
BOTH INJUNCTIVE RELIEF AND DAMAGES . IN THE EVENT JUDICIAL19
ENFORCEMENT IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED20
ALL COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY 'S21
FEES. THE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF22
THE COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES23
AVAILABLE UNDER FEDERAL OR STATE LAW.24
ARTICLE XI- EFFECTUATION, WITHDRAWAL,25
AND AMENDMENT26
A. T
HE COMPACT SHALL COME INTO EFFECT ON THE DATE ON27
1064
-23- WHICH THE COMPACT STATUTE IS ENACTED INTO LAW IN THE TENTH1
M
EMBER STATE.2
1. O
N OR AFTER THE EFFECTIVE DATE OF THE COMPACT, THE3
C
OMMISSION SHALL CONVENE AND REVIEW THE ENACTMENT OF EACH OF4
THE CHARTER MEMBER STATES TO DETERMINE IF THE STATUTE ENACTED5
BY EACH SUCH CHARTER MEMBER STATE IS MATERIALLY DIFFERENT FROM6
THE MODEL COMPACT STATUTE.7
2. A
CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND TO8
BE MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE SHALL9
BE ENTITLED TO THE DEFAULT PROCESS SET FORTH IN ARTICLE X.10
3. M
EMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE11
C
HARTER MEMBER STATES SHALL BE SUBJECT TO THE PROCESS SET FORTH12
IN ARTICLE VII.C.20 TO DETERMINE IF THEIR ENACTMENTS ARE13
MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE AND14
WHETHER THEY QUALIFY FOR PARTICIPATION IN THE COMPACT.15
B. I
F ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT, OR16
IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION17
SHALL REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT18
EVEN IF THE NUMBER OF MEMBER STATES SHOULD BE LESS THAN TEN.19
C. A
NY STATE THAT JOINS THE COMPACT AFTER THE20
C
OMMISSION'S INITIAL ADOPTION OF THE RULES AND BYLAWS SHALL BE21
SUBJECT TO THE RULES AND BYLAWS AS THEY EXIST ON THE DATE ON22
WHICH THE COMPACT BECOMES LAW IN THAT STATE. ANY RULE THAT HAS23
BEEN PREVIOUSLY ADOPTED BY THE COMMISSION SHALL HAVE THE FULL24
FORCE AND EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW IN25
THAT STATE, AS THE RULES AND BYLAWS MAY BE AMENDED AS PROVIDED26
IN THIS COMPACT.27
1064
-24- D. ANY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY1
ENACTING A STATUTE REPEALING THE SAME .2
1. A
MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT3
UNTIL SIX (6) MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE .4
2. W
ITHDRAWAL SHALL NOT AFFECT THE CONTINUING5
REQUIREMENT OF THE WITHDRAWING STATE'S LICENSING AUTHORITY TO6
COMPLY WITH THE INVESTIGATIVE AND ADVERSE ACTION REPORTING7
REQUIREMENTS OF THIS ACT PRIOR TO THE EFFECTIVE DATE OF8
WITHDRAWAL.9
E. T
HIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO10
AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING11
UPON ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF ALL12
M
EMBER STATES.13
ARTICLE XII- CONSTRUCTION AND SEVERABILITY14
T
HIS COMPACT SHALL BE LIBERALLY CONSTRUED TO EFFECTUATE15
THE PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE16
SEVERABLE AND IF ANY PHRASE , CLAUSE, SENTENCE, OR PROVISION OF17
THIS COMPACT IS DECLARED TO BE CONTRARY TO THE CONSTITUTION OF18
ANY MEMBER STATE OR A STATE SEEKING MEMBERSHIP IN THE COMPACT,19
OR OF THE UNITED STATES OR THE APPLICABILITY THEREOF TO ANY OTHER20
GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD INVALID, THE21
VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE APPLICABILITY22
THEREOF TO ANY GOVERNMENT , AGENCY, PERSON, OR CIRCUMSTANCE23
SHALL NOT BE AFFECTED THEREBY . IF THIS COMPACT SHALL BE HELD24
CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE, THE COMPACT25
SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER26
S
TATES AND IN FULL FORCE AND EFFECT AS TO THE MEMBER STATE27
1064
-25- AFFECTED AS TO ALL SEVERABLE MATTERS .1
ARTICLE XIII- CONSISTENT EFFECT AND2
CONFLICT WITH OTHER STATE LAWS3
A. N
OTHING HEREIN SHALL PREVENT OR INHIBIT THE4
ENFORCEMENT OF ANY OTHER LAW OF A MEMBER STATE THAT IS NOT5
INCONSISTENT WITH THE COMPACT.6
B. A
NY LAWS, STATUTES, REGULATIONS, OR OTHER LEGAL7
REQUIREMENTS IN A MEMBER STATE IN CONFLICT WITH THE COMPACT ARE8
SUPERSEDED TO THE EXTENT OF THE CONFLICT .9
C. A
LL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION10
AND THE MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR11
TERMS.12
24-60-4403. Notice to revisor of statutes. T
HIS PART 44 TAKES13
EFFECT ON THE DATE THE COMPACT IS ENACTED INTO LAW IN THE TENTH14
C
OMPACT STATE. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF15
EDUCATION SHALL NOTIFY THE REVISOR OF STATUTES IN WRITING WHEN16
THE CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED BY E -MAILING17
THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS PART 4418
TAKES EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE19
C
OMPACT IS ENACTED INTO LAW IN THE TENTH COMPACT STATE OR UPON20
THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES IF THE NOTICE21
DOES NOT SPECIFY A DIFFERENT DATE.22
24-60-4404. Repeal of part. I
F THE REVISOR OF STATUTES HAS
23
NOT RECEIVED THE NOTICE REQUIRED BY SECTION 24-60-4403 BY JUNE 29,24
2026,
THIS PART 44 IS REPEALED EFFECTIVE JUNE 30, 2026.
25
SECTION 2. Act subject to petition - effective date. This act26
takes effect at 12:01 a.m. on the day following the expiration of the27
1064
-26- ninety-day period after final adjournment of the general assembly; except1
that, if a referendum petition is filed pursuant to section 1 (3) of article V2
of the state constitution against this act or an item, section, or part of this3
act within such period, then the act, item, section, or part will not take4
effect unless approved by the people at the general election to be held in5
November 2024 and, in such case, will take effect on the date of the6
official declaration of the vote thereon by the governor.7
1064
-27-