House File 2033 - Introduced HOUSE FILE 2033 BY INGELS A BILL FOR An Act establishing the interstate teacher mobility compact. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5097YH (3) 90 jda/jh
H.F. 2033 Section 1. NEW SECTION . 272E.1 Interstate teacher mobility 1 compact. 2 The interstate teacher mobility compact is hereby entered 3 into and enacted into law with all jurisdictions legally 4 joining therein, in the form substantially as follows: 5 1. Article I Purpose. The purpose of this compact is to 6 facilitate the mobility of teachers across the member states, 7 with the goal of supporting teachers through a new pathway to 8 licensure. Through this compact, the member states seek to 9 establish a collective regulatory framework that expedites 10 and enhances the ability of teachers to move across state 11 lines. The member states hereby ratify the same intentions by 12 subscribing hereto. This compact is intended to achieve all of 13 the following objectives and should be interpreted accordingly: 14 a. Create a streamlined pathway to licensure mobility for 15 teachers. 16 b. Support the relocation of eligible military spouses. 17 c. Facilitate and enhance the exchange of licensure, 18 investigative, and disciplinary information between the member 19 states. 20 d. Enhance the power of state and district level education 21 officials to hire qualified, competent teachers by removing 22 barriers to the employment of out-of-state teachers. 23 e. Support the retention of teachers in the profession by 24 removing barriers to relicensure in a new state. 25 f. Maintain state sovereignty in the regulation of the 26 teaching profession. 27 2. Article II Definitions. As used in this compact, and 28 except as otherwise provided, the following definitions shall 29 govern the terms herein: 30 a. Active military member means any person with full-time 31 duty status in the armed forces of the United States, including 32 members of the national guard and reserve. 33 b. Adverse action means any limitation or restriction 34 imposed by a member states licensing authority, such as 35 -1- LSB 5097YH (3) 90 jda/jh 1/ 21
H.F. 2033 revocation, suspension, reprimand, probation, or limitation on 1 the licensees ability to work as a teacher. 2 c. Bylaws means those bylaws established by the 3 commission. 4 d. Career and technical education license means a current, 5 valid authorization issued by a member states licensing 6 authority allowing an individual to serve as a teacher in 7 prekindergarten through grade twelve public educational 8 settings in a specific career and technical education area. 9 e. Charter member states means a member state that 10 has enacted legislation to adopt this compact where such 11 legislation predates the initial meeting of the commission 12 after the effective date of the compact. 13 f. Commission means the interstate administrative body 14 which membership consists of delegates of all states that have 15 enacted this compact, and which is known as the interstate 16 teacher mobility compact commission. 17 g. Commissioner means the delegate of a member state. 18 h. Eligible license means a license to engage in the 19 teaching profession which requires at least a bachelors degree 20 and the completion of a state-approved program for teacher 21 licensure. 22 i. Eligible military spouse means the spouse of any 23 individual in full-time duty status in the active armed 24 forces of the United States including members of the national 25 guard and reserve moving as a result of a military mission 26 or military career progression requirements or are on their 27 terminal move as a result of separation or retirement, 28 including surviving spouses of deceased military members. 29 j. Executive committee means a group of commissioners 30 elected or appointed to act on behalf of, and within the powers 31 granted to them by, the commission as provided for herein. 32 k. Licensing authority means an official, agency, 33 board, or other entity of a state that is responsible for 34 the licensing and regulation of teachers authorized to teach 35 -2- LSB 5097YH (3) 90 jda/jh 2/ 21
H.F. 2033 in prekindergarten through grade twelve public educational 1 settings. 2 l. Member state means any state that has adopted this 3 compact, including all agencies and officials of such a state. 4 m. Receiving state means any state where a teacher has 5 applied for licensure under this compact. 6 n. Rule means any regulation promulgated by the commission 7 under this compact, which shall have the force of law in each 8 member state. 9 o. State means a state, territory, or possession of the 10 United States, and the District of Columbia. 11 p. State practice laws means a member states laws, rules, 12 and regulations that govern the teaching profession, define the 13 scope of such profession, and create the methods and grounds 14 for imposing discipline. 15 q. State-specific requirements means a requirement for 16 licensure covered in coursework or examination that includes 17 content of unique interest to the state. 18 r. Teacher means an individual who currently holds an 19 authorization from a member state that forms the basis for 20 employment in the prekindergarten through grade twelve public 21 schools of the state to provide instruction in a specific 22 subject area, grade level, or student population. 23 s. Unencumbered license means a current, valid 24 authorization issued by a member states licensing authority 25 allowing an individual to serve as a teacher in prekindergarten 26 through grade twelve public educational settings. An 27 unencumbered license is not a restricted, probationary, 28 provisional, substitute, or temporary credential. 29 3. Article III Licensure under the compact. 30 a. Licensure under this compact pertains only to the initial 31 grant of a license by the receiving state. Nothing herein 32 applies to any subsequent or ongoing compliance requirements 33 that a receiving state might require for teachers. 34 b. Each member state shall, in accordance with the rules 35 -3- LSB 5097YH (3) 90 jda/jh 3/ 21
H.F. 2033 of the commission, define, compile, and update as necessary, a 1 list of eligible licenses and career and technical education 2 licenses that the member state is willing to consider for 3 equivalency under this compact and provide the list to the 4 commission. The list shall include those licenses that a 5 receiving state is willing to grant to teachers from other 6 member states, pending a determination of equivalency by the 7 receiving states licensing authority. 8 c. Upon the receipt of an application for licensure by 9 a teacher holding an unencumbered eligible license, the 10 receiving state shall determine which of the receiving states 11 eligible licenses the teacher is qualified to hold and shall 12 grant such a license or licenses to the applicant. Such a 13 determination shall be made in the sole discretion of the 14 receiving states licensing authority and may include a 15 determination that the applicant is not eligible for any of the 16 receiving states eligible licenses. For all teachers who hold 17 an unencumbered license, the receiving state shall grant one or 18 more unencumbered licenses that, in the receiving states sole 19 discretion, are equivalent to the licenses held by the teacher 20 in any other member state. 21 d. For active military members and eligible military spouses 22 who hold a license that is not unencumbered, the receiving 23 state shall grant an equivalent license or licenses that, in 24 the receiving states sole discretion, is equivalent to the 25 license or licenses held by the teacher in any other member 26 state, except where the receiving state does not have an 27 equivalent license. 28 e. For a teacher holding an unencumbered career and 29 technical education license, the receiving state shall grant 30 an unencumbered license equivalent to the career and technical 31 education license held by the applying teacher and issued by 32 another member state, as determined by the receiving state 33 in its sole discretion, except where a career and technical 34 education teacher does not hold a bachelors degree and the 35 -4- LSB 5097YH (3) 90 jda/jh 4/ 21
H.F. 2033 receiving state requires a bachelors degree for licenses to 1 teach career and technical education. A receiving state may 2 require career and technical education teachers to meet state 3 industry recognized requirements, if required by law in the 4 receiving state. 5 4. Article IV Licensure not under the compact. 6 a. Except as provided in subsection 3, nothing in this 7 compact shall be construed to limit or inhibit the power of a 8 member state to regulate licensure or endorsements overseen by 9 the member states licensing authority. 10 b. When a teacher is required to renew a license received 11 pursuant to this compact, the state granting such a license may 12 require the teacher to complete state-specific requirements as 13 a condition of licensure renewal or advancement in that state. 14 c. For the purposes of determining compensation, a receiving 15 state may require additional information from teachers 16 receiving a license under the provisions of this compact. 17 d. Nothing in this compact shall be construed to limit 18 the power of a member state to control and maintain ownership 19 of its information pertaining to teachers, or limit the 20 application of a member states laws or regulations governing 21 the ownership, use, or dissemination of information pertaining 22 to teachers. 23 e. Nothing in this compact shall be construed to invalidate 24 or alter any existing agreement or other cooperative 25 arrangement which a member state may already be a party to, 26 or limit the ability of a member state to participate in any 27 future agreement or other cooperative arrangement to do any of 28 the following: 29 (1) Award teaching licenses or other benefits based on 30 additional professional credentials, including but not limited 31 to national board certification. 32 (2) Participate in the exchange of names of teachers whose 33 license has been subject to an adverse action by a member 34 state. 35 -5- LSB 5097YH (3) 90 jda/jh 5/ 21
H.F. 2033 (3) Participate in any agreement or cooperative arrangement 1 with a nonmember state. 2 5. Article V Teacher qualifications and requirements for 3 licensure under the compact. 4 a. Except as provided for active military members or 5 eligible military spouses in subsection 3, paragraph d , a 6 teacher may only be eligible to receive a license under this 7 compact where that teacher holds an unencumbered license in a 8 member state. 9 b. A teacher eligible to receive a license under this 10 compact shall do all of the following, unless otherwise 11 provided for herein: 12 (1) Upon their application to receive a license under this 13 compact, undergo a criminal background check in the receiving 14 state in accordance with the laws and regulations of the 15 receiving state. 16 (2) Provide the receiving state with information in 17 addition to the information required for licensure for the 18 purposes of determining compensation, if applicable. 19 6. Article VI Discipline and adverse actions. 20 a. Nothing in this compact shall be deemed or construed 21 to limit the authority of a member state to investigate or 22 impose disciplinary measures on teachers according to the state 23 practice laws thereof. 24 b. Member states shall be authorized to receive, and shall 25 provide, files and information regarding the investigation and 26 discipline, if any, of teachers in other member states upon 27 request. Any member state receiving such information or files 28 shall protect and maintain the security and confidentiality 29 thereof, in at least the same manner that it maintains its own 30 investigatory or disciplinary files and information. Prior 31 to disclosing any disciplinary or investigatory information 32 received from another member state, the disclosing state shall 33 communicate its intention and purpose for such disclosure to 34 the member state which originally provided that information. 35 -6- LSB 5097YH (3) 90 jda/jh 6/ 21
H.F. 2033 7. Article VII Establishment of the interstate teacher 1 mobility compact commission. 2 a. (1) The interstate compact member states hereby create 3 and establish a joint public agency known as the interstate 4 teacher mobility compact commission. 5 (2) The commission is a joint interstate governmental 6 agency comprised of states that have enacted the interstate 7 teacher mobility compact. 8 (3) Nothing in this interstate compact shall be construed to 9 be a waiver of sovereign immunity. 10 b. (1) Each member state shall have and be limited to one 11 delegate to the commission, who shall be given the title of 12 commissioner. 13 (2) The commissioner shall be the primary administrative 14 officer of the state licensing authority or their designee. 15 (3) Any commissioner may be removed or suspended from office 16 as provided by the law of the state from which the commissioner 17 is appointed. 18 (4) The member state shall fill any vacancy occurring in the 19 commission within ninety days. 20 (5) Each commissioner shall be entitled to one vote about 21 the promulgation of rules and creation of bylaws and shall 22 otherwise have an opportunity to participate in the business 23 and affairs of the commission. A commissioner shall vote in 24 person or by such other means as provided in the bylaws. The 25 bylaws may provide for commissioners participation in meetings 26 by telephone or other means of communication. 27 (6) The commission shall meet at least once during each 28 calendar year. Additional meetings shall be held as set forth 29 in the bylaws. 30 (7) The commission shall establish by rule a term of office 31 for commissioners. 32 c. The commission shall have all of the following powers and 33 duties: 34 (1) Establish a code of ethics for the commission. 35 -7- LSB 5097YH (3) 90 jda/jh 7/ 21
H.F. 2033 (2) Establish the fiscal year of the commission. 1 (3) Establish bylaws for the commission. 2 (4) Maintain its financial records in accordance with the 3 bylaws of the commission. 4 (5) Meet and take such actions as are consistent with the 5 provisions of this interstate compact, the bylaws, and rules 6 of the commission. 7 (6) Promulgate uniform rules to implement and administer 8 this interstate compact. The rules shall have the force and 9 effect of law and shall be binding in all member states. In the 10 event the commission exercises its rulemaking authority in a 11 manner that is beyond the scope of the purposes of the compact, 12 or the powers granted hereunder, then such an action by the 13 commission shall be invalid and have no force and effect of 14 law. 15 (7) Bring and prosecute legal proceedings or actions in 16 the name of the commission, provided that the standing of 17 any member state licensing authority to sue or be sued under 18 applicable law shall not be affected. 19 (8) Purchase and maintain insurance and bonds. 20 (9) Borrow, accept, or contract for services of personnel 21 including but not limited to employees of a member state or 22 an associated nongovernmental organization that is open to 23 membership by all states. 24 (10) Hire employees, elect or appoint officers, fix 25 compensation, define duties, grant such individuals appropriate 26 authority to carry out the purposes of the compact, and 27 establish the commissions personnel policies and programs 28 relating to conflicts of interest, qualifications of personnel, 29 and other related personnel matters. 30 (11) Lease, purchase, accept appropriate gifts or donations 31 of, or otherwise own, hold, improve, or use, any property, 32 real, personal, or mixed, provided that at all times the 33 commission shall avoid any appearance of impropriety. 34 (12) Sell, convey, mortgage, pledge, lease, exchange, 35 -8- LSB 5097YH (3) 90 jda/jh 8/ 21
H.F. 2033 abandon, or otherwise dispose of any property real, personal, 1 or mixed. 2 (13) Establish a budget and make expenditures. 3 (14) Borrow money. 4 (15) Appoint committees, including standing committees 5 composed of members and such other interested persons as may be 6 designated in this interstate compact, rules, or bylaws. 7 (16) Provide and receive information from, and cooperate 8 with, law enforcement agencies. 9 (17) Establish and elect an executive committee. 10 (18) Establish and develop a charter for an executive 11 information governance committee to advise on facilitating 12 exchange of information; use of information, data privacy, and 13 technical support needs; and provide reports as needed. 14 (19) Perform such other functions as may be necessary or 15 appropriate to achieve the purposes of this interstate compact 16 consistent with the state regulation of teacher licensure. 17 (20) Determine whether a states adopted language is 18 materially different from the model compact language such that 19 the state would not qualify for participation in the compact. 20 d. (1) The executive committee of the interstate teacher 21 mobility compact commission shall have the power to act 22 on behalf of the commission according to the terms of this 23 interstate compact. 24 (2) The executive committee shall be composed of the 25 following eight voting members: 26 (a) The commission chair, vice chair, and treasurer. 27 (b) Five members who are elected by the commission from the 28 current membership: 29 (i) Four voting members representing geographic regions in 30 accordance with commission rules. 31 (ii) One at-large voting member in accordance with 32 commission rules. 33 (3) The commission may add or remove members of the 34 executive committee as provided in commission rules. 35 -9- LSB 5097YH (3) 90 jda/jh 9/ 21
H.F. 2033 (4) The executive committee shall meet at least once 1 annually. 2 (5) The executive committee shall have all of the following 3 duties and responsibilities: 4 (a) Recommend to the entire commission changes to the 5 rules or bylaws, changes to the compact legislation, fees paid 6 by interstate compact member states such as annual dues, and 7 any compact fee charged by the member states on behalf of the 8 commission. 9 (b) Ensure commission administration services are 10 appropriately provided, contractual or otherwise. 11 (c) Prepare and recommend the budget. 12 (d) Maintain financial records on behalf of the commission. 13 (e) Monitor compliance of member states and provide reports 14 to the commission. 15 (f) Perform other duties as provided in rules or bylaws. 16 (6) (a) All meetings of the commission shall be open to 17 the public, and public notice of meetings shall be given in 18 accordance with commission bylaws. 19 (b) The commission or the executive committee or other 20 committees of the commission may convene in a closed, nonpublic 21 meeting if the commission or executive committee or other 22 committees of the commission must discuss any of the following: 23 (i) Noncompliance of a member state with its obligations 24 under the compact. 25 (ii) The employment, compensation, discipline or other 26 matters, practices or procedures related to specific employees 27 or other matters related to the commissions internal personnel 28 practices and procedures. 29 (iii) Current, threatened, or reasonably anticipated 30 litigation. 31 (iv) Negotiation of contracts for the purchase, lease, or 32 sale of goods, services, or real estate. 33 (v) Accusing any person of a crime or formally censuring any 34 person. 35 -10- LSB 5097YH (3) 90 jda/jh 10/ 21
H.F. 2033 (vi) Disclosure of trade secrets or commercial or financial 1 information that is privileged or confidential. 2 (vii) Disclosure of information of a personal nature where 3 disclosure would constitute a clearly unwarranted invasion of 4 personal privacy. 5 (viii) Disclosure of investigative records compiled for law 6 enforcement purposes. 7 (ix) Disclosure of information related to any investigative 8 reports prepared by or on behalf of or for use of the 9 commission or other committee charged with responsibility of 10 investigation or determination of compliance issues pursuant 11 to the compact. 12 (x) Matters specifically exempted from disclosure by 13 federal or member state statute. 14 (xi) Others matters as set forth by commission bylaws and 15 rules. 16 (c) If a meeting, or portion of a meeting, is closed 17 pursuant to this subsection, the commissions legal counsel or 18 designee shall certify that the meeting may be closed and shall 19 reference each relevant exempting provision. 20 (d) The commission shall keep minutes of commission 21 meetings and shall provide a full and accurate summary 22 of actions taken, and the reasons therefore, including a 23 description of the views expressed. All documents considered 24 in connection with an action shall be identified in such 25 minutes. All minutes and documents of a closed meeting shall 26 remain under seal, subject to release by a majority vote of the 27 commission or order of a court of competent jurisdiction. 28 (7) (a) The commission shall pay, or provide for the 29 payment of, the reasonable expenses of its establishment, 30 organization, and ongoing activities. 31 (b) The commission may accept all appropriate donations and 32 grants of money, equipment, supplies, materials, and services, 33 and receive, utilize, and dispose of the same, provided that 34 at all times the commission shall avoid any appearance of 35 -11- LSB 5097YH (3) 90 jda/jh 11/ 21
H.F. 2033 impropriety or conflict of interest. 1 (c) The commission may levy on and collect an annual 2 assessment from each member state or impose fees on other 3 parties to cover the cost of the operations and activities of 4 the commission, in accordance with the commission rules. 5 (d) The commission shall not incur obligations of any kind 6 prior to securing the funds adequate to meet the same; nor 7 shall the commission pledge the credit of any of the member 8 states, except by and with the authority of the member state. 9 (e) The commission shall keep accurate accounts of all 10 receipts and disbursements. The receipts and disbursements 11 of the commission shall be subject to accounting procedures 12 established under commission bylaws. All receipts and 13 disbursements of funds of the commission shall be reviewed 14 annually in accordance with commission bylaws, and a report of 15 the review shall be included in and become part of the annual 16 report of the commission. 17 (8) (a) The members, officers, executive director, 18 employees, and representatives of the commission shall be 19 immune from suit and liability, either personally or in their 20 official capacity, for any claim for damage to or loss of 21 property or personal injury or other civil liability caused by 22 or arising out of any actual or alleged act, error or omission 23 that occurred, or that the person against whom the claim is 24 made had a reasonable basis for believing occurred within the 25 scope of commission employment, duties or responsibilities; 26 provided that nothing in this subparagraph division shall be 27 construed to protect any such person from suit or liability 28 for any damage, loss, injury, or liability caused by the 29 intentional or willful or wanton misconduct of that person. 30 (b) The commission shall defend any member, officer, 31 executive director, employee, or representative of the 32 commission in any civil action seeking to impose liability 33 arising out of any actual or alleged act, error, or omission 34 that occurred within the scope of commission employment, 35 -12- LSB 5097YH (3) 90 jda/jh 12/ 21
H.F. 2033 duties, or responsibilities, or that the person against 1 whom the claim is made had a reasonable basis for believing 2 occurred within the scope of commission employment, duties, or 3 responsibilities; provided that nothing in this subparagraph 4 division shall be construed to prohibit that person from 5 retaining his or her own counsel; and provided further, that 6 the actual or alleged act, error, or omission did not result 7 from that persons intentional or willful or wanton misconduct. 8 (c) The commission shall indemnify and hold harmless 9 any member, officer, executive director, employee, or 10 representative of the commission for the amount of any 11 settlement or judgment obtained against that person arising 12 out of any actual or alleged act, error or omission that 13 occurred within the scope of commission employment, duties, 14 or responsibilities, or that such person had a reasonable 15 basis for believing occurred within the scope of commission 16 employment, duties, or responsibilities, provided that the 17 actual or alleged act, error, or omission did not result from 18 the intentional or willful or wanton misconduct of that person. 19 8. Article VIII Rulemaking. 20 a. The commission shall exercise its rulemaking powers 21 pursuant to the criteria set forth in this interstate compact 22 and the rules adopted thereunder. Rules and amendments 23 shall become binding as of the date specified in each rule or 24 amendment. 25 b. The commission shall promulgate reasonable rules to 26 achieve the intent and purpose of this interstate compact. In 27 the event the commission exercises its rulemaking authority in 28 a manner that is beyond purpose and intent of this interstate 29 compact, or the powers granted hereunder, then such an action 30 by the commission shall be invalid and have no force and effect 31 of law in the member states. 32 c. If a majority of the legislatures of the member states 33 rejects a rule, by enactment of a statute or resolution in the 34 same manner used to adopt the compact within four years of the 35 -13- LSB 5097YH (3) 90 jda/jh 13/ 21
H.F. 2033 date of adoption of the rule, then such rule shall have no 1 further force and effect in any member state. 2 d. Rules or amendments to the rules shall be adopted or 3 ratified at a regular or special meeting of the commission in 4 accordance with commission rules and bylaws. 5 e. Upon determination that an emergency exists, the 6 commission may consider and adopt an emergency rule with 7 forty-eight hours notice, with opportunity to comment, 8 provided that the usual rulemaking procedures shall be 9 retroactively applied to the rule as soon as reasonably 10 possible, in no event later than ninety days after the 11 effective date of the rule. For the purposes of this 12 provision, an emergency rule is one that must be adopted 13 immediately in order to do any of the following: 14 (1) Meet an imminent threat to public health, safety, or 15 welfare. 16 (2) Prevent a loss of commission or member state funds. 17 (3) Meet a deadline for the promulgation of an 18 administrative rule that is established by federal law or rule. 19 (4) Protect public health and safety. 20 9. Article IX Facilitating information exchange. 21 a. The commission shall provide for facilitating the 22 exchange of information to administer and implement the 23 provisions of this compact in accordance with the rules of the 24 commission, consistent with generally accepted data protection 25 principles. 26 b. Nothing in this compact shall be deemed or construed to 27 alter, limit, or inhibit the power of a member state to control 28 and maintain ownership of its licensee information or alter, 29 limit, or inhibit the laws or regulations governing licensee 30 information in the member state. 31 10. Article X Oversight, dispute resolution, and 32 enforcement. 33 a. (1) The executive and judicial branches of state 34 government in each member state shall enforce this compact and 35 -14- LSB 5097YH (3) 90 jda/jh 14/ 21
H.F. 2033 take all actions necessary and appropriate to effectuate the 1 compacts purposes and intent. The provisions of this compact 2 shall have standing as statutory law. 3 (2) Venue is proper and judicial proceedings by or against 4 the commission shall be brought solely and exclusively in a 5 court of competent jurisdiction where the principal office of 6 the commission is located. The commission may waive venue and 7 jurisdictional defenses to the extent it adopts or consents 8 to participate in alternative dispute resolution proceedings. 9 Nothing herein shall affect or limit the selection or propriety 10 of venue in any action against a licensee for professional 11 malpractice, misconduct, or any such similar matter. 12 (3) All courts and all administrative agencies shall take 13 judicial notice of the compact, the rules of the commission, 14 and any information provided to a member state pursuant thereto 15 in any judicial or quasi-judicial proceeding in a member state 16 pertaining to the subject matter of this compact, or which 17 may affect the powers, responsibilities, or actions of the 18 commission. 19 (4) The commission shall be entitled to receive service 20 of process in any proceeding regarding the enforcement or 21 interpretation of the compact and shall have standing to 22 intervene in such a proceeding for all purposes. Failure 23 to provide the commission service of process shall render a 24 judgment or order void as to the commission, this compact, or 25 promulgated rules. 26 b. If the commission determines that a member state 27 has defaulted in the performance of its obligations or 28 responsibilities under this compact or the promulgated rules, 29 the commission shall do all of the following: 30 (1) Provide written notice to the defaulting state and other 31 member states of the nature of the default, the proposed means 32 of curing the default or any other action to be taken by the 33 commission. 34 (2) Provide remedial training and specific technical 35 -15- LSB 5097YH (3) 90 jda/jh 15/ 21
H.F. 2033 assistance regarding the default. 1 c. If a state in default fails to cure the default, the 2 defaulting state may be terminated from the compact upon 3 an affirmative vote of a majority of the commissioners of 4 the member states, and all rights, privileges, and benefits 5 conferred on that state by this compact may be terminated on 6 the effective date of termination. A cure of the default does 7 not relieve the offending state of obligations or liabilities 8 incurred during the period of default. 9 d. Termination of membership in the compact shall be imposed 10 only after all other means of securing compliance have been 11 exhausted. Notice of intent to suspend or terminate shall 12 be given by the commission to the governor, the majority and 13 minority leaders of the defaulting states legislature, the 14 state licensing authority, and each of the member states. 15 e. A state that has been terminated is responsible for all 16 assessments, obligations, and liabilities incurred through 17 the effective date of termination, including obligations that 18 extend beyond the effective date of termination. 19 f. The commission shall not bear any costs related to 20 a state that is found to be in default or that has been 21 terminated from the compact, unless agreed upon in writing 22 between the commission and the defaulting state. 23 g. The defaulting state may appeal the action of the 24 commission by petitioning the United States district court 25 for the District of Columbia or the federal district where 26 the commission has its principal offices. The prevailing 27 party shall be awarded all costs of such litigation, including 28 reasonable attorney fees. 29 h. (1) Upon request by a member state, the commission shall 30 attempt to resolve disputes related to the compact that arise 31 among member states and between member and nonmember states. 32 (2) The commission shall promulgate a rule providing for 33 both binding and nonbinding alternative dispute resolution for 34 disputes as appropriate. 35 -16- LSB 5097YH (3) 90 jda/jh 16/ 21
H.F. 2033 i. (1) The commission, in the reasonable exercise of its 1 discretion, shall enforce the provisions and rules of this 2 compact. 3 (2) By majority vote, the commission may initiate legal 4 action in the United States district court for the District 5 of Columbia or the federal district where the commission has 6 its principal offices against a member state in default to 7 enforce compliance with the provisions of the compact and its 8 promulgated rules and bylaws. The relief sought may include 9 both injunctive relief and damages. In the event judicial 10 enforcement is necessary, the prevailing party shall be awarded 11 all costs of such litigation, including reasonable attorney 12 fees. The remedies herein shall not be the exclusive remedies 13 of the commission. The commission may pursue any other 14 remedies available under federal or state law. 15 11. Article XI Effectuation, withdrawal, and amendment. 16 a. (1) The compact shall come into effect on the date on 17 which the compact statute is enacted into law in the tenth 18 member state. 19 (2) On or after the effective date of the compact, the 20 commission shall convene and review the enactment of each of 21 the charter member states to determine if the statute enacted 22 by each such charter member state is materially different from 23 the model compact statute. 24 (3) A charter member state whose enactment is found to be 25 materially different from the model compact statute shall be 26 entitled to the default process set forth in subsection 10. 27 (4) Member states enacting the compact subsequent to the 28 charter member states shall be subject to the process set forth 29 in subsection 7, paragraph c , subparagraph (20), to determine 30 if their enactments are materially different from the model 31 compact statute and whether they qualify for participation in 32 the compact. 33 b. If any member state is later found to be in default, or 34 is terminated or withdraws from the compact, the commission 35 -17- LSB 5097YH (3) 90 jda/jh 17/ 21
H.F. 2033 shall remain in existence and the compact shall remain in 1 effect even if the number of member states should be less than 2 ten. 3 c. Any state that joins the compact after the commissions 4 initial adoption of the rules and bylaws shall be subject to 5 the rules and bylaws as they exist on the date on which the 6 compact becomes law in that state. Any rule that has been 7 previously adopted by the commission shall have the full force 8 and effect of law on the day the compact becomes law in that 9 state, as the rules and bylaws may be amended as provided in 10 this compact. 11 d. (1) Any member state may withdraw from this compact by 12 enacting a statute repealing the same. 13 (2) A member states withdrawal shall not take effect until 14 six months after enactment of the repealing statute. 15 (3) Withdrawal shall not affect the continuing requirement 16 of the withdrawing states licensing authority to comply with 17 the investigative and adverse action reporting requirements of 18 this compact prior to the effective date of withdrawal. 19 e. This compact may be amended by the member states. No 20 amendment to this compact shall become effective and binding 21 upon any member state until it is enacted into the laws of all 22 member states. 23 12. Article XII Construction and severability. This 24 compact shall be liberally construed to effectuate the purposes 25 thereof. The provisions of this compact shall be severable 26 and if any phrase, clause, sentence, or provision of this 27 compact is declared to be contrary to the constitution of any 28 member state or a state seeking membership in the compact, 29 or of the United States or the applicability thereof to any 30 other government, agency, person, or circumstance is held 31 invalid, the validity of the remainder of this compact and the 32 applicability thereof to any government, agency, person, or 33 circumstance shall not be affected thereby. If this compact 34 shall be held contrary to the constitution of any member state, 35 -18- LSB 5097YH (3) 90 jda/jh 18/ 21
H.F. 2033 the compact shall remain in full force and effect as to the 1 remaining member states and in full force and effect as to the 2 member state affected as to all severable matters. 3 13. Article XIII Consistent effect and conflict with other 4 state laws. 5 a. Nothing herein shall prevent or inhibit the enforcement 6 of any other law of a member state that is not inconsistent 7 with the compact. 8 b. Any laws, statutes, regulations, or other legal 9 requirements in a member state in conflict with the compact are 10 superseded to the extent of the conflict. 11 c. All permissible agreements between the commission and the 12 member states are binding in accordance with their terms. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanations substance by the members of the general assembly. 16 This bill establishes the interstate teacher mobility 17 compact. The purpose of the compact is to facilitate the 18 mobility of teachers across the compacts member states, with 19 the goal of supporting teachers through a new pathway to 20 licensure. The following 10 states have adopted the compact: 21 Alabama, Colorado, Florida, Kansas, Kentucky, Nebraska, Nevada, 22 Oklahoma, Oregon, and Utah. Because the terms of the compact 23 provide that the compact goes into effect when it has been 24 enacted in the 10th member state, the compact is now in effect. 25 The bill provides that licensure under the compact pertains 26 only to the initial grant of a license by the receiving 27 state. The bill requires member states to compile a list of 28 eligible licenses and career and technical education licenses 29 that the member state is willing to consider for equivalency 30 under the compact and is willing to grant to teachers from 31 other member states. The bill also requires member states to 32 grant an eligible license to a teacher holding an unencumbered 33 eligible license upon the receipt of the teachers application 34 for licensure. The bill provides that, when a teacher is 35 -19- LSB 5097YH (3) 90 jda/jh 19/ 21
H.F. 2033 required to renew a license received under the compact, the 1 state granting the license may require the teacher to complete 2 state-specific requirements as a condition of licensure renewal 3 or advancement in that state. 4 The bill provides that the compact does not limit the 5 authority of a member state to investigate or impose 6 disciplinary measures on teachers according to the state 7 practice laws. The bill requires member states to provide 8 files and information regarding the investigation and 9 discipline of teachers in other member states upon request. 10 The bill establishes the interstate teacher mobility compact 11 commission. The bill also establishes the membership of the 12 commission as well as the commissions voting procedures and 13 rules related to commission meetings. The bill describes the 14 powers and duties of the commission, which include the power 15 to establish bylaws for the commission, promulgate rules to 16 implement the compact, bring legal proceedings in the name 17 of the commission, borrow money, and determine whether a 18 states adopted language is materially different from the 19 model compact language such that the state would not qualify 20 for participation in the compact. The bill authorizes the 21 commission to levy on and collect an annual assessment from 22 each member state, or impose fees on other parties, to cover 23 the cost of operations and activities of the commission. 24 The bill establishes oversight, default, technical 25 assistance, termination, dispute resolution, and enforcement 26 provisions related to the compact. The bill provides that any 27 state that joins the compact after the commissions initial 28 adoption of the rules and bylaws shall be subject to the rules 29 and bylaws as they exist on the date on which the compact 30 becomes law in that state. The bill authorizes a member state 31 to withdraw from the compact by enacting a statute that repeals 32 the compact. 33 The bill defines active military member, adverse action, 34 bylaws, career and technical education license, charter 35 -20- LSB 5097YH (3) 90 jda/jh 20/ 21
H.F. 2033 member states, commission, commissioner, eligible 1 license, eligible military spouse, executive committee, 2 licensing authority, member state, receiving state, 3 rule, state, state practice laws, state-specific 4 requirements, teacher, and unencumbered license. 5 -21- LSB 5097YH (3) 90 jda/jh 21/ 21