Maryland 2024 Regular Session

Maryland House Bill HB1191 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1191
6	6
7	7	HOUSE BILL 1191
8	8	F1 4lr2108
9	9
10	10	By: Delegate Mireku–North
11	11	Introduced and read first time: February 8, 2024
12	12	Assigned to: Ways and Means
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Interstate Teacher Mobility Compact 2
19	19
20	20	FOR the purpose of repealing certain provisions of law relating to the Interstate Agreement 3
21	21	on Qualifications of Educational Personnel; providing that certain provisions of law 4
22	22	regarding the issuance of an initial teaching certificate do not apply to certain 5
23	23	teachers under certain circumstances; entering into the Interstate Teacher Mobility 6
24	24	Compact for the purpose of authorizing regulated teachers who hold multistate 7
25	25	licenses to teach in each member state; establishing requirements for multistate 8
26	26	licensure; establishing the Interstate Teacher Mobility Compact Commission and its 9
27	27	powers and duties; providing for the withdrawal from the Compact; and generally 10
28	28	relating to the Interstate Teacher Mobility Compact. 11
29	29
30	30	BY repealing 12
31	31	Article – Education 13
32	32	Section 6–601 through 6–604 and the subtitle “Subtitle 6. Interstate Agreement on 14
33	33	Qualifications of Educational Personnel” 15
34	34	Annotated Code of Maryland 16
35	35	(2022 Replacement Volume and 2023 Supplement) 17
36	36
37	37	BY repealing and reenacting, with amendments, 18
38	38	Article – Education 19
39	39	Section 6–126 20
40	40	Annotated Code of Maryland 21
41	41	(2022 Replacement Volume and 2023 Supplement) 22
42	42
43	43	BY adding to 23
44	44	Article – Education 24
45	45	Section 6–601 to be under the new subtitle “Subtitle 6. Interstate Teacher Mobility 25
46	46	Compact” 26
47	47	Annotated Code of Maryland 27
48	48	(2022 Replacement Volume and 2023 Supplement) 28 2 HOUSE BILL 1191
49	49
50	50
51	51
52	52	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53	53	That Section(s) 6–601 through 6–604 and the subtitle “Subtitle 6. Interstate Agreement on 2
54	54	Qualifications of Educational Personnel” of Article – Education of the Annotated Code of 3
55	55	Maryland be repealed. 4
56	56
57	57	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 5
58	58	as follows: 6
59	59
60	60	Article – Education 7
61	61
62	62	6–126. 8
63	63
64	64	(a) (1) This subsection applies to individuals who have graduated from a 9
65	65	teacher preparation program approved by the Department or an alternative teacher 10
66	66	preparation program. 11
67	67
68	68	(2) Beginning on July 1, 2025, to qualify for an initial certificate an 12
69	69	individual shall: 13
70	70
71	71	(i) Subject to paragraph (3) of this subsection, pass a nationally 14
72	72	recognized, portfolio–based assessment of teaching ability; 15
73	73
74	74	(ii) Pass a rigorous State–specific examination of mastery of reading 16
75	75	instruction and content for the grade level the individual will be teaching; and 17
76	76
77	77	(iii) Satisfactorily complete any other requirements established by 18
78	78	the State Board. 19
79	79
80	80	(3) An individual who graduates from a teacher preparation program in 20
81	81	the State who passed a nationally recognized, portfolio–based assessment as a requirement 21
82	82	to graduate under § 6–121 of this subtitle may not be required to take the assessment more 22
83	83	than one time. 23
84	84
85	85	(b) (1) THIS SUBSECTION DOES NOT APPLY TO A TEACH ER WHO HOLDS A 24
86	86	PROFESSIONAL LICENSE OR CERTIFICATE FROM A STATE FOR WHICH THE LICENS E 25
87	87	OR CERTIFICATE IS AC CEPTED IN ACCORDANCE WITH THE INTERSTATE TEACHER 26
88	88	MOBILITY COMPACT UNDER SUBTITLE 6 OF THIS TITLE. 27
89	89
90	90	(2) In addition to any other requirements established by the State Board, 28
91	91	to qualify for a certificate in the State, a teacher who graduated from an institution of 29
92	92	higher education in another state or holds a professional license or certificate from another 30
93	93	state shall: 31
94	94
95	95	[(1)] (I) Pass an examination of teaching ability within 18 months of 32
96	96	being hired by a local school system; or 33 HOUSE BILL 1191 3
97	97
98	98
99	99
100	100	[(2)] (II) Hold an active National Board Certification from the National 1
101	101	Board for Professional Teaching Standards. 2
102	102
103	103	(c) (1) The Department, after a reasonable period of review and assessment, 3
104	104	shall determine whether one of the assessments of teaching skill required for initial teacher 4
105	105	certification under this section more adequately measures the skills and knowledge 5
106	106	required of a highly qualified teacher. 6
107	107
108	108	(2) If the Department makes a determination under paragraph (1) of this 7
109	109	subsection that requires a revision to the statutory requirements for initial teacher 8
110	110	certification, the Department shall, in accordance with § 2–1257 of the State Government 9
111	111	Article, submit a report to the General Assembly on or before the next September 1 on its 10
112	112	recommendations for revising the qualifications for initial teacher licensure. 11
113	113
114	114	(d) (1) The Department shall actively monitor and assess, during their 12
115	115	implementation and development, new teacher standards and assessments produced under 13
116	116	this section for any negative impact on the diversity of teacher candidates passing the 14
117	117	initial teacher certification assessments. 15
118	118
119	119	(2) The Department shall report the results of its monitoring and 16
120	120	assessment to the Accountability and Implementation Board established under § 5–402 of 17
121	121	this article. 18
122	122
123	123	SUBTITLE 6. INTERSTATE TEACHER MOBILITY COMPACT. 19
124	124
125	125	6–601. 20
126	126
127	127	THE INTERSTATE TEACHER MOBILITY COMPACT IS HEREBY ENA CTED AND 21
128	128	ENTERED INTO WITH AL L OTHER JURISDICTION S THAT LEGALLY JOIN IN THIS 22
129	129	COMPACT IN THE FORM S UBSTANTIALLY AS THE COMPACT APPEARS IN TH IS 23
130	130	SECTION AS FOLLOWS : 24
131	131
132	132	ARTICLE I. PURPOSE. 25
133	133
134	134	THE PURPOSE OF THIS COMPACT IS TO FACILIT ATE THE MOBILITY OF 26
135	135	TEACHERS ACROSS THE MEMBER STATES, WITH THE GOAL OF SUP PORTING 27
136	136	TEACHERS THROUGH A NE W PATHWAY TO LICENSU RE. THROUGH THIS COMPACT, 28
137	137	THE MEMBER STATES SEEK TO ESTABL ISH A COLLECTIVE REG ULATORY 29
138	138	FRAMEWORK THAT EXPED ITES AND ENHANCES TH E ABILITY OF TEACHERS TO MOVE 30
139	139	ACROSS STATE LINES. 31
140	140
141	141	THIS COMPACT IS INTENDED T O ACHIEVE THE FOLLOW ING OBJECTIVES AND 32
142	142	SHOULD BE INTERPRETE D ACCORDING LY. THE MEMBER STATES HEREBY RATIFY 33
143	143	THE SAME INTENTIONS BY SUBSCRIBING HERET O. 34 4 HOUSE BILL 1191
144	144
145	145
146	146
147	147	A. CREATE A STREAMLINED PATHWAY TO LICENSURE MOBILITY FOR 1
148	148	TEACHERS; 2
149	149
150	150	B. SUPPORT THE RELOCATIO N OF ELIGIBLE MILITARY SPOUSES; 3
151	151
152	152	C. FACILITATE AND ENHANC E THE EXCHANGE OF LI CENSURE, 4
153	153	INVESTIGATIVE, AND DISCIPLINARY INF ORMATION BETWEEN THE MEMBER 5
154	154	STATES; 6
155	155
156	156	D. ENHANCE THE POWER OF STATE AND DISTRICT LE VEL EDUCATION 7
157	157	OFFICIALS TO HIRE QU ALIFIED, COMPETENT TEACHERS BY REMOVING BARRIERS 8
158	158	TO THE EMPLOYMENT OF OUT–OF–STATE TEACHERS; 9
159	159
160	160	E. SUPPORT THE RETENTION OF TEACHERS IN THE PROFE SSION BY 10
161	161	REMOVING BARRIERS TO RE–LICENSURE IN A NEW STATE; AND 11
162	162
163	163	F. MAINTAIN STATE SOVEREIGNTY IN THE REGULATION OF TH E TEACHING 12
164	164	PROFESSION. 13
165	165
166	166	ARTICLE II. DEFINITIONS. 14
167	167
168	168	AS USED IN THIS COMPACT, AND EXCEPT AS OTHERW ISE PROVIDED, THE 15
169	169	FOLLOWING DEFINITION S SHALL GOVERN THE T ERMS HEREIN: 16
170	170
171	171	A. “ACTIVE MILITARY MEMBER” MEANS ANY PERSON WIT H FULL–TIME 17
172	172	DUTY STATUS IN THE A RMED FORCES OF THE UNITED STATES, INCLUDING 18
173	173	MEMBERS OF TH E NATIONAL GUARD AND RESERVE. 19
174	174
175	175	B. “ADVERSE ACTION” MEANS ANY LIMITATION OR RESTRICTION IMPOS ED 20
176	176	BY A MEMBER STATE’S LICENSING AUTHORITY, SUCH AS REVOCATION , 21
177	177	SUSPENSION, REPRIMAND , PROBATION, OR LIMITATION ON THE LICENSEE’S 22
178	178	ABILITY TO WORK AS A TEACHER. 23
179	179
180	180	C. “BYLAWS” MEANS THOSE BYLAWS E STABLISHED BY THE COMMISSION. 24
181	181
182	182	D. “CAREER AND TECHNICAL EDUCATION LICENSE” MEANS A CURRENT , 25
183	183	VALID AUTHORIZATION ISSUED BY A MEMBER STATE’S LICENSING AUTHORITY 26
184	184	ALLOWING AN INDIVIDU AL TO SERVE AS A TEACHER IN P–12 PUBLIC EDUCATIONAL 27
185	185	SETTINGS IN A SPECIF IC CAREER AND TECHNI CAL EDUCATION AREA . 28
186	186
187	187	E. “CHARTER MEMBER STATES” MEANS A MEMBER STATE THAT HAS 29
188	188	ENACTED LEGISLATION TO ADOPT THIS COMPACT WHERE SUCH LE GISLATION 30 HOUSE BILL 1191 5
189	189
190	190
191	191	PREDATES THE INITIAL MEETING OF THE COMMISSION AFTER THE EFFECTIVE DATE 1
192	192	OF THE COMPACT. 2
193	193
194	194	F. “COMMISSION” MEANS THE INTERSTATE ADMINISTRATIVE BODY 3
195	195	WHOSE MEMBERSHIP CON SISTS OF DELEGATES O F ALL STATES THAT HAVE 4
196	196	ENACTED THIS COMPACT, AND WHICH IS KNOWN A S THE INTERSTATE TEACHER 5
197	197	MOBILITY COMPACT COMMISSION. 6
198	198
199	199	G. “COMMISSIONER” MEANS THE DELEGATE O F A MEMBER STATE. 7
200	200
201	201	H. “ELIGIBLE LICENSE” MEANS A LICENSE TO E NGAGE IN THE TEACHIN G 8
202	202	PROFESSION THAT REQU IRES AT LEAST A BACH ELOR’S DEGREE AND THE 9
203	203	COMPLETION OF A STAT E APPROVED PROGRAM F OR TEACHER LICENSURE . 10
204	204
205	205	I. “ELIGIBLE MILITARY SPOUSE” MEANS THE SPOUSE OF ANY INDIVIDUAL 11
206	206	IN FULL–TIME DUTY STATUS IN THE ACTIVE ARMED FOR CES OF THE UNITED STATES 12
207	207	INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE MOVING AS A 13
208	208	RESULT OF A MILITARY MISSION OR MILITARY CAREER PROGRESSION 14
209	209	REQUIREMENTS OR ON THEIR TE RMINAL MOVE AS A RES ULT OF SEPARATION OR 15
210	210	RETIREMENT (TO INCLUDE SURVIVING SPOUSES OF DECEASED MILITARY 16
211	211	MEMBERS). 17
212	212
213	213	J. “EXECUTIVE COMMITTEE” MEANS A GROUP OF COMMISSIONERS 18
214	214	ELECTED OR APPOINTED TO ACT ON BEHALF OF , AND WITHIN THE POWER S 19
215	215	GRANTED TO THEM BY , THE COMMISSION AS PROVIDE D FOR HEREIN. 20
216	216
217	217	K. “LICENSING AUTHORITY” MEANS AN OFFICIAL , AGENCY, BOARD, OR 21
218	218	OTHER ENTITY OF A STATE THAT IS RESPONS IBLE FOR THE LICENSI NG AND 22
219	219	REGULATION OF TEACHERS AUTHORIZED T O TEACH IN P–12 PUBLIC EDUCATIO NAL 23
220	220	SETTINGS. 24
221	221
222	222	L. “MEMBER STATE” MEANS ANY STATE THAT HAS ADOPTE D THIS 25
223	223	COMPACT, INCLUDING ALL AGENCI ES AND OFFICIALS OF SUCH A STATE. 26
224	224
225	225	M. “RECEIVING STATE” MEANS ANY STATE WHERE A TEACHER HAS 27
226	226	APPLIED FOR LICENSUR E UNDER THIS COMPACT. 28
227	227
228	228	N. “RULE” MEANS ANY REGULATION PROMULGATED BY THE COMMISSION 29
229	229	UNDER THIS COMPACT, WHICH SHALL HAVE THE FORCE OF LAW IN EACH MEMBER 30
230	230	STATE. 31
231	231
232	232	O. “STATE” MEANS A STATE , TERRITORY, OR POSSESSION OF THE UNITED 32
233	233	STATES, AND THE DISTRICT OF COLUMBIA. 33 6 HOUSE BILL 1191
234	234
235	235
236	236
237	237	P. “STATE PRACTICE LAWS” MEANS A MEMBER STATE’S LAWS, RULES, 1
238	238	AND REGULATIONS THAT GOVERN THE TEACHING PROFESSION, DEFINE THE SCOPE 2
239	239	OF SUCH PROFESSION , AND CREATE THE METHO DS AND GROUNDS FOR I MPOSING 3
240	240	DISCIPLINE. 4
241	241
242	242	Q. “STATE SPECIFIC REQUIREMENTS ” MEANS A REQUIREMENT FOR 5
243	243	LICENSURE COVERED IN COURSEWORK OR EXAMIN ATION THAT INCLUDES CONTENT 6
244	244	OF UNIQUE INTEREST T O THE STATE. 7
245	245
246	246	R. “TEACHER” MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS AN 8
247	247	AUTHORIZATION FROM A MEMBER STATE THAT FORMS THE BASIS FOR 9
248	248	EMPLOYMENT IN THE P–12 PUBLIC SCHO OLS OF THE STATE TO PROVIDE 10
249	249	INSTRUCTION IN A SPE CIFIC SUBJECT AREA , GRADE LEVEL , OR STUDENT 11
250	250	POPULATION . 12
251	251
252	252	S. “UNENCUMBERED LICENSE” MEANS A CURRENT , VALID 13
253	253	AUTHORIZATION ISSUED BY A MEMBER STATE’S LICENSING AUTHORITY ALLOWING 14
254	254	AN INDIVIDUAL TO SER VE AS A TEACHER IN P–12 PUBLIC EDUCATIONAL S ETTINGS. 15
255	255	AN UNENCUMBERED LICENSE IS NOT A REST RICTED, PROBATIONARY , 16
256	256	PROVISIONAL, SUBSTITUTE OR TEMPOR ARY CREDENTIAL . 17
257	257
258	258	ARTICLE III. LICENSURE UNDER THE COMPACT. 18
259	259
260	260	A. LICENSURE UNDER THIS COMPACT PERTAINS ONLY TO THE INITIAL 19
261	261	GRANT OF A LICENSE B Y THE RECEIVING STATE. NOTHING HEREIN APPLIE S TO ANY 20
262	262	SUBSEQUENT OR ONGOIN G COMPLIANCE REQUIRE MENTS THAT A RECEIVING STATE 21
263	263	MIGHT REQUIRE FOR TEACHERS. 22
264	264
265	265	B. EACH MEMBER STATE SHALL, IN ACCORDANCE WITH T HE RULES OF 23
266	266	THE COMMISSION, DEFINE, COMPILE, AND UPDATE AS NECESS ARY, A LIST OF 24
267	267	ELIGIBLE LICENSES AND CAREER AND TECHNICAL EDUCATION LICENSES THAT 25
268	268	THE MEMBER STATE IS WILLING TO C ONSIDER FOR EQUIVALE NCY UNDER TH IS 26
269	269	COMPACT AND PROVIDE T HE LIST TO THE COMMISSION. THE LIST SHALL INCLUD E 27
270	270	THOSE LICENSES THAT A RECEIVING STATE IS WILLING TO G RANT TO TEACHERS 28
271	271	FROM OTHER MEMBER STATES, PENDING A DETERMINAT ION OF EQUIVALENCY B Y 29
272	272	THE RECEIVING STATE’S LICENSING AUTHORITY. 30
273	273
274	274	C. UPON THE RECEIPT OF A N APPLICATION FOR LI CENSURE BY A 31
275	275	TEACHER HOLDING AN UNENCUMBERED ELIGIBLE LICENSE, THE RECEIVING 32
276	276	STATE SHALL DETERMINE WHICH OF THE RECEIVING STATE’S ELIGIBLE LICENSES 33
277	277	THE TEACHER IS QUALIFIED TO HOLD AND SHALL GR ANT SUCH A LICENS E OR 34
278	278	LICENSES TO THE APPL ICANT. SUCH A DETERMINATION SHALL BE MADE IN THE 35 HOUSE BILL 1191 7
279	279
280	280
281	281	SOLE DISCRETION OF T HE RECEIVING STATE’S LICENSING AUTHORITY AND MAY 1
282	282	INCLUDE A DETERMINAT ION THAT THE APPLICA NT IS NOT ELIGIBLE F OR ANY OF 2
283	283	THE RECEIVING STATE’S ELIGIBLE LICENSES. FOR ALL TEACHERS WHO HOLD AN 3
284	284	UNENCUMBERED LICENSE, THE RECEIVING STATE SHALL GRANT ONE OR MORE 4
285	285	UNENCUMBERED LICENSE(S) THAT, IN THE RECEIVING STATE’S SOLE DISCRETION , 5
286	286	ARE EQUIVALENT TO TH E LICENSE(S) HELD BY THE TEACHER IN ANY OTHER 6
287	287	MEMBER STATE. 7
288	288
289	289	D. FOR ACTIVE MILITARY MEMBERS AND ELIGIBLE MILITARY SPOUSES 8
290	290	WHO HOLD A LICENSE T HAT IS NOT UNENCUMBERED , THE RECEIVING STATE SHALL 9
291	291	GRANT AN EQUIVALENT LICENSE OR LICENSES THAT, IN THE RECEIVING STATE’S 10
292	292	SOLE DISCRETION , IS EQUIVALENT TO THE LICENSE OR LICENSES HELD BY THE 11
293	293	TEACHER IN ANY OTHER MEMBER STATE, EXCEPT WHERE THE RECEIVING STATE 12
294	294	DOES NOT HAVE AN EQU IVALENT LICENSE . 13
295	295
296	296	E. FOR A TEACHER HOLDING AN UNENCUMBERED CAREER AND 14
297	297	TECHNICAL EDUCATION LICENSE, THE RECEIVING STATE SHALL GRANT AN 15
298	298	UNENCUMBERED LICENSE EQ UIVALENT TO THE CAREER AND TECHNICAL 16
299	299	EDUCATION LICENSE HELD BY THE A PPLYING TEACHER AND ISSUED BY ANOTHER 17
300	300	MEMBER STATE, AS DETERMINED BY THE RECEIVING STATE IN ITS SOLE 18
301	301	DISCRETION, EXCEPT WHERE A CAREER AND TECHNICAL EDUCATION TEACHER 19
302	302	DOES NOT HOLD A BACH ELOR’S DEGREE AND THE RECEIVING STATE REQUIRES A 20
303	303	BACHELOR’S DEGREE FOR LICENSE S TO TEACH CAREER AND TECHNICAL 21
304	304	EDUCATION. A RECEIVING STATE MAY REQUIRE CAREER AND TECHNICAL 22
305	305	EDUCATION TEACHERS TO MEET STATE INDUSTRY RECOGN IZED REQUIREMENTS , 23
306	306	IF REQUIRED BY LAW IN THE RECEIVING STATE. 24
307	307
308	308	ARTICLE IV. LICENSURE NOT UNDER T HE COMPACT. 25
309	309
310	310	A. EXCEPT AS PROVIDED IN ARTICLE III ABOVE, NOTHING IN THIS 26
311	311	COMPACT SHALL BE CONS TRUED TO LIMIT OR IN HIBIT THE POWER OF A MEMBER 27
312	312	STATE TO REGULATE LIC ENSURE OR ENDORSEMEN TS OVERSEEN BY THE MEMBER 28
313	313	STATE’S LICENSING AUTHORITY. 29
314	314
315	315	B. WHEN A TEACHER IS REQUIRED T O RENEW A LICENSE RE CEIVED 30
316	316	PURSUANT TO THIS COMPACT, THE STATE GRANTING SUCH A LICENSE MAY 31
317	317	REQUIRE THE TEACHER TO COMPLETE STATE SPECIFIC REQUIREMENTS AS A 32
318	318	CONDITION OF LICENSU RE RENEWAL OR ADVANCEME NT IN THAT STATE. 33
319	319
320	320	C. FOR THE PURPOSES OF D ETERMINING COMPENSAT ION, A RECEIVING 34
321	321	STATE MAY REQUIRE ADD ITIONAL INFORMATION FROM TEACHERS RECEIVING A 35
322	322	LICENSE UNDER THE PR OVISIONS OF THIS COMPACT. 36
323	323	8 HOUSE BILL 1191
324	324
325	325
326	326	D. NOTHING IN THIS COMPACT SHALL BE CO NSTRUED TO LIMIT THE 1
327	327	POWER OF A MEMBER STATE TO CONTROL AND MAINTAIN OWNERSHIP O F ITS 2
328	328	INFORMATION PERTAINI NG TO TEACHERS, OR LIMIT THE APPLICA TION OF A 3
329	329	MEMBER STATE’S LAWS OR REGULATION S GOVERNING THE OWNE RSHIP, USE, OR 4
330	330	DISSEMINATION OF INF ORMATION PERTAIN ING TO TEACHERS. 5
331	331
332	332	E. NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO INVALIDATE OR 6
333	333	ALTER ANY EXISTING A GREEMENT OR OTHER CO OPERATIVE ARRANGEMEN T THAT A 7
334	334	MEMBER STATE MAY ALREADY BE A PARTY TO, OR LIMIT THE ABILITY OF A MEMBER 8
335	335	STATE TO PARTICIPATE IN ANY FUT URE AGREEMENT OR OTH ER COOPERATIVE 9
336	336	ARRANGEMENT TO : 10
337	337
338	338	1. AWARD TEACHING LICENS ES OR OTHER BENEFITS BASED ON 11
339	339	ADDITIONAL PROFESSIO NAL CREDENTIALS , INCLUDING, BUT NOT LIMITED TO 12
340	340	NATIONAL BOARD CERTIFICATION; 13
341	341
342	342	2. PARTICIPATE IN THE EX CHANGE OF NAMES OF TEACHERS WHOSE 14
343	343	LICENSE HAS BEEN SUB JECT TO AN ADVERSE ACTION BY A MEMBER STATE; OR 15
344	344
345	345	3. PARTICIPATE IN ANY AG REEMENT OR COOPERATI VE 16
346	346	ARRANGEMENT WITH A N ON–MEMBER STATE. 17
347	347
348	348	ARTICLE V. TEACHER QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE 18
349	349	UNDER THE COMPACT. 19
350	350
351	351	A. EXCEPT AS PROVIDED FO R ACTIVE MILITARY MEMBERS OR ELIGIBLE 20
352	352	MILITARY SPOUSES IN ARTICLE III.D ABOVE, A TEACHER MAY ONLY BE E LIGIBLE 21
353	353	TO RECEIVE A LICENSE UNDER THIS COMPACT WHERE THAT TEACHER HOLDS AN 22
354	354	UNENCUMBERED LICENSE IN A MEMBER STATE. 23
355	355
356	356	B. A TEACHER ELIGIBLE TO RECEIVE A LICENSE UNDER THIS COMPACT 24
357	357	SHALL, UNLESS OTHERWISE PRO VIDED FOR HEREIN : 25
358	358
359	359	1. UPON THEIR APPLICATIO N TO RECEIVE A LICEN SE UNDER THIS 26
360	360	COMPACT, UNDERGO A CRIMINAL HISTORY BACKGROUND CHECK IN THE 27
361	361	RECEIVING STATE IN ACCORDANCE W ITH THE LAWS AND REGULATIONS OF THE 28
362	362	RECEIVING STATE; AND 29
363	363
364	364	2. PROVIDE THE RECEIVING STATE WITH INFORMATIO N IN 30
365	365	ADDITION TO THE INFO RMATION REQUIRED FOR LICENSURE FOR THE PU RPOSES OF 31
366	366	DETERMINING COMPENSA TION, IF APPLICABLE. 32
367	367
368	368	ARTICLE VI. DISCIPLINE AND ADVERSE ACTIONS. 33 HOUSE BILL 1191 9
369	369
370	370
371	371
372	372	A. NOTHING IN THIS COMPACT SHALL BE DEEM ED OR CONSTRUED TO 1
373	373	LIMIT THE AUTHORITY OF A MEMBER STATE TO INVESTIGATE OR IMPOSE 2
374	374	DISCIPLINARY MEASURE S ON TEACHERS ACCORDING TO THE STATE PRACTICE 3
375	375	LAWS THEREOF . 4
376	376
377	377	B. MEMBER STATES SHALL BE AUTHO RIZED TO RECEIVE , AND SHALL 5
378	378	PROVIDE, FILES AND INFORMATIO N REGARDING THE INVE STIGATION AND 6
379	379	DISCIPLINE, IF ANY, OF TEACHERS IN OTHER MEMBER STATES UPON REQUEST . ANY 7
380	380	MEMBER STATE RECEIVING SUCH INFORMATION OR FILES SHALL PROTECT A ND 8
381	381	MAINTAIN THE SECURIT Y AND CONFIDENTIALIT Y THEREOF, IN AT LEAST THE SAME 9
382	382	MANNER THAT IT MAINT AINS ITS OWN INVESTI GATORY OR DISCIPLINA RY FILES AND 10
383	383	INFORMATION . PRIOR TO DISCLOSING A NY DISCIPLINARY OR I NVESTIGATORY 11
384	384	INFORMATION RECEIVED FROM ANOTHER MEMBER STATE, THE DISCLOSING STATE 12
385	385	SHALL COMMUNICATE IT S INTENTION AND PURP OSE FOR SUCH DISCLOS URE TO THE 13
386	386	MEMBER STATE THAT ORIGINALLY PROVIDED THAT INFORM ATION. 14
387	387
388	388	ARTICLE VII. ESTABLISHMENT OF THE INTERSTATE TEACHER MOBILITY 15
389	389	COMPACT COMMISSION. 16
390	390
391	391	A. THE INTERSTA TE COMPACT MEMBER STATES HEREBY CREATE AND 17
392	392	ESTABLISH A JOINT PU BLIC AGENCY KNOWN AS THE INTERSTATE TEACHER 18
393	393	MOBILITY COMPACT COMMISSION: 19
394	394
395	395	1. THE COMMISSION IS A JOINT INTERSTATE GOVERNMEN TAL 20
396	396	AGENCY COMPRISED OF STATES THAT HAVE ENAC TED THE INTERSTATE TEACHER 21
397	397	MOBILITY COMPACT. 22
398	398
399	399	2. NOTHING IN THIS INTER STATE COMPACT SHALL BE CONSTRUED 23
400	400	TO BE A WAIVER OF SO VEREIGN IMMUNITY . 24
401	401
402	402	B. MEMBERSHIP, VOTING, AND MEETINGS. 25
403	403
404	404	1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1) 26
405	405	DELEGATE TO THE COMMISSION, WHO SHALL BE GIVEN THE T ITLE OF 27
406	406	COMMISSIONER . 28
407	407
408	408	2. THE COMMISSIONER SHALL BE THE PRIMARY ADMINIST RATIVE 29
409	409	OFFICER OF THE STATE LICENSING AUTHORITY OR THEIR DE SIGNEE. 30
410	410
411	411	3. ANY COMMISSIONER MAY BE R EMOVED OR SUSPENDED FROM 31
412	412	OFFICE AS PROVIDED B Y THE LAW OF THE STATE FROM WHICH THE COMMISSIONER 32
413	413	IS APPOINTED. 33 10 HOUSE BILL 1191
414	414
415	415
416	416
417	417	4. THE MEMBER STATE SHALL FILL ANY VACANCY OCCURRING IN 1
418	418	THE COMMISSION WITHIN 90 DAYS. 2
419	419
420	420	5. EACH COMMISSIONER SHALL BE ENTITLED TO ONE (1) VOTE 3
421	421	ABOUT THE PROMULGATI ON OF RULES AND CREATION OF BYLAWS AND SHALL 4
422	422	OTHERWISE HAVE AN OP PORTUNITY TO PARTICI PATE IN THE BUSINESS AND 5
423	423	AFFAIRS OF THE COMMISSION. A COMMISSIONER SHALL VO TE IN PERSON OR BY 6
424	424	SUCH OTHER MEANS AS PROVI DED IN THE BYLAWS. THE BYLAWS MAY PROVIDE FO R 7
425	425	COMMISSIONERS ’ PARTICIPATION IN MEE TINGS BY TELEPHONE O R OTHER MEANS 8
426	426	OF COMMUNICATION . 9
427	427
428	428	6. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH 10
429	429	CALENDAR YEAR . ADDITIONAL MEETINGS S HALL BE HELD AS SET FORTH IN THE 11
430	430	BYLAWS. 12
431	431
432	432	7. THE COMMISSION SHALL ESTA BLISH BY RULE A TERM OF OFFICE 13
433	433	FOR COMMISSIONERS . 14
434	434
435	435	C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES. 15
436	436
437	437	1. ESTABLISH A CODE OF ETHICS FOR THE COMMISSION. 16
438	438
439	439	2. ESTABLISH THE F ISCAL YEAR OF THE COMMISSION. 17
440	440
441	441	3. ESTABLISH BYLAWS FOR THE COMMISSION. 18
442	442
443	443	4. MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE 19
444	444	BYLAWS OF THE COMMISSION. 20
445	445
446	446	5. MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE 21
447	447	PROVISIONS OF THIS I NTERSTATE COMP ACT, THE BYLAWS, AND RULES OF THE 22
448	448	COMMISSION. 23
449	449
450	450	6. PROMULGATE UNIFORM RULES TO IMPLEMENT AN D ADMINISTER 24
451	451	THIS INTERSTATE COMP ACT. THE RULES SHALL HAVE THE FORCE AND EFFECT OF 25
452	452	LAW AND SHALL BE BIN DING IN ALL MEMBER STATES. IN THE EVENT THE 26
453	453	COMMISSION EXERC ISES ITS RULEMAKING AUTHORITY IN A MANNER THAT IS 27
454	454	BEYOND THE SCOPE OF THE PURPOSES OF THE COMPACT, OR THE POWERS 28
455	455	GRANTED HEREUNDER , THEN SUCH AN ACTION BY THE COMMISSION SHALL BE 29
456	456	INVALID AND HAVE NO FORCE AND EFFECT OF LAW. 30
457	457	HOUSE BILL 1191 11
458	458
459	459
460	460	7. BRING AND PROSECUTE L EGAL PROCEEDINGS OR ACTIO NS IN 1
461	461	THE NAME OF THE COMMISSION, PROVIDED THAT THE ST ANDING OF ANY MEMBER 2
462	462	STATE LICENSING AUTHORITY TO SUE OR B E SUED UNDER APPLICA BLE LAW MAY 3
463	463	NOT BE AFFECTED . 4
464	464
465	465	8. PURCHASE AND MAINTAIN INSURANCE AND BONDS . 5
466	466
467	467	9. BORROW, ACCEPT, OR CONTRACT FOR SERVI CES OF PERSONNEL , 6
468	468	INCLUDING, BUT NOT LIMITED TO , EMPLOYEES OF A MEMBER STATE, OR AN 7
469	469	ASSOCIATED NONGOVERN MENTAL ORGANIZATION THAT IS OPEN TO MEMB ERSHIP 8
470	470	BY ALL STATES. 9
471	471
472	472	10. HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX 10
473	473	COMPENSATION , DEFINE DUTIES , GRANT SUCH INDIVIDUA LS APPROPRIATE 11
474	474	AUTHORITY TO CARRY O UT THE PURPOSES OF T HE COMPACT , AND ESTABLISH THE 12
475	475	COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATIN G TO CONFLICTS OF 13
476	476	INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL 14
477	477	MATTERS. 15
478	478
479	479	11. LEASE, PURCHASE, ACCEPT APPROPRIATE G IFTS OR DONATIONS 16
480	480	OF, OR OTHERWISE OWN , HOLD, IMPROVE, OR USE, ANY PROPERTY , REAL, 17
481	481	PERSONAL OR MIXED , PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL 18
482	482	AVOID ANY APPEARANCE OF IMPROPRIETY . 19
483	483
484	484	12. SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE, 20
485	485	ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY REAL , PERSONAL, OR MIXED. 21
486	486
487	487	13. ESTABLISH A BUDGET AN D MAKE EXPENDITURES . 22
488	488
489	489	14. BORROW MONEY . 23
490	490
491	491	15. APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES 24
492	492	COMPOSED OF MEMBERS AND S UCH OTHER INTERESTED PERSONS AS MAY BE 25
493	493	DESIGNATED IN THIS I NTERSTATE COMPACT , RULES, OR BYLAWS. 26
494	494
495	495	16. PROVIDE AND RECEIVE I NFORMATION FROM , AND COOPERATE 27
496	496	WITH, LAW ENFORCEMENT AGEN CIES. 28
497	497
498	498	17. ESTABLISH AND ELECT A N EXECUTIVE COMMITTEE. 29
499	499
500	500	18. ESTABLISH AND DEVELOP A CHARTER FOR AN EXECUTIVE 30
501	501	INFORMATION GOVERNANCE COMMITTEE TO ADVISE O N FACILITATING EXCHA NGE 31 12 HOUSE BILL 1191
502	502
503	503
504	504	OF INFORMATION , USE OF INFORMATION , DATA PRIVACY, AND TECHNICAL SUPPOR T 1
505	505	NEEDS, AND PROVIDE REPORTS AS NEEDE D. 2
506	506
507	507	19. PERFORM SUCH OTHER FU NCTIONS AS MAY BE NE CESSARY OR 3
508	508	APPROPRIATE TO ACHIE VE THE PURPOSES OF T HIS INTERSTATE COMPA CT 4
509	509	CONSISTENT WITH THE STATE REGULATION OF TEACHER LICENSURE . 5
510	510
511	511	20. DETERMINE WHETHER A STATE’S ADOPTED LANGUAG E IS 6
512	512	MATERIALLY DIFFERENT FROM THE MODEL COMPA CT LANGUAGE SUCH THA T THE 7
513	513	STATE WOULD NOT QUALI FY FOR PARTICIPATION IN THE COMPACT. 8
514	514
515	515	D. THE EXECUTIVE COMMITTEE OF THE INTERSTATE TEACHER MOBILITY 9
516	516	COMPACT COMMISSION. 10
517	517
518	518	1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON 11
519	519	BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS INTERSTATE 12
520	520	COMPACT. 13
521	521
522	522	2. THE EXECUTIVE COMMITTEE SHALL BE CO MPOSED OF EIGHT 14
523	523	VOTING MEMBERS : 15
524	524
525	525	A. THE COMMISSION CHAIR , VICE CHAIR, AND TREASURER ; 16
526	526	AND 17
527	527
528	528	B. FIVE MEMBERS WHO ARE ELECTED BY THE COMMISSION 18
529	529	FROM THE CURRENT MEM BERSHIP: 19
530	530
531	531	I. FOUR VOTING MEMBERS R EPRESENTING 20
532	532	GEOGRAPHIC REGIONS I N ACCORDANCE WITH COMMISSION RULES; AND 21
533	533
534	534	II. ONE AT LARGE VOTING M EMBER IN ACCORDANCE 22
535	535	WITH COMMISSION RULES. 23
536	536
537	537	3. THE COMMISSION MAY ADD OR REMOVE MEMBERS OF TH E 24
538	538	EXECUTIVE COMMITTEE AS PROVIDED IN COMMISSION RULES. 25
539	539
540	540	4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ONCE 26
541	541	ANNUALLY. 27
542	542
543	543	5. THE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING 28
544	544	DUTIES AND RESPONSIB ILITIES: 29
545	545	HOUSE BILL 1191 13
546	546
547	547
548	548	A. RECOMMEND TO THE ENTI RE COMMISSION CHANGES TO 1
549	549	THE RULES OR BYLAWS, CHANGES TO THE COMPA CT LEGISLATION , FEES PAID BY 2
550	550	INTERSTATE COMPACT MEMBER STATES SUCH AS ANNUAL DUES, AND ANY 3
551	551	COMPACT FEE CHARGED BY THE MEMBER STATES ON BEHALF OF T HE COMMISSION. 4
552	552
553	553	B. ENSURE COMMISSION ADMINISTRA TION SERVICES ARE 5
554	554	APPROPRIATELY PROVID ED, CONTRACTUAL OR OTHER WISE. 6
555	555
556	556	C. PREPARE AND RECOMMEND THE BUDGET. 7
557	557
558	558	D. MAINTAIN FINANCIAL RE CORDS ON BEHALF OF T HE 8
559	559	COMMISSION. 9
560	560
561	561	E. MONITOR COMPLIANCE OF MEMBER STATES AND PROVIDE 10
562	562	REPORTS TO THE COMMISSION. 11
563	563
564	564	F. PERFORM OTHER DUTIES AS PROVIDED IN RULES OR 12
565	565	BYLAWS. 13
566	566
567	567	6. MEETINGS OF THE COMMISSION. 14
568	568
569	569	A. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC , AND 15
570	570	PUBLIC NOTICE OF MEE TINGS SHALL BE GIVEN IN ACCORDANCE WITH COMMISSION 16
571	571	BYLAWS. 17
572	572
573	573	B. THE COMMISSION OR THE EXECUTIVE COMMITTEE OR 18
574	574	OTHER COMMITTEES OF THE COMMISSION MAY CONVEN E IN A CLOSED , 19
575	575	NON–PUBLIC MEETIN G IF THE COMMISSION OR EXECUTIVE COMMITTEE OR OTHER 20
576	576	COMMITTEES OF THE COMMISSION MUST DISCU SS: 21
577	577
578	578	I. NONCOMPLIANCE OF A MEMBER STATE WITH ITS 22
579	579	OBLIGATIONS UNDER TH E COMPACT. 23
580	580
581	581	II. THE EMPLOYMENT , COMPENSATION , DISCIPLINE OR 24
582	582	OTHER MATTERS , PRACTICES O R PROCEDURES RELATED TO SPECIFIC EMPLOYEE S 25
583	583	OR OTHER MATTERS REL ATED TO THE COMMISSION’S INTERNAL PERSONNEL 26
584	584	PRACTICES AND PROCED URES. 27
585	585
586	586	III. CURRENT, THREATENED , OR REASONABLY 28
587	587	ANTICIPATED LITIGATI ON. 29
588	588
589	589	IV. NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , 30
590	590	LEASE, OR SALE OF GOODS , SERVICES, OR REAL ESTATE . 31 14 HOUSE BILL 1191
591	591
592	592
593	593
594	594	V. ACCUSING ANY PERSON O F A CRIME OR FORMALL Y 1
595	595	CENSURING ANY PERSON . 2
596	596
597	597	VI. DISCLOSURE OF TRADE S ECRETS OR COMMERCIAL 3
598	598	OR FINANCIAL INFORMA TION THAT IS PRIVILEGED OR CONFIDENT IAL. 4
599	599
600	600	VII. DISCLOSURE OF INFORMA TION OF A PERSONAL 5
601	601	NATURE WHERE DISCLOS URE WOULD CONSTITUTE A CLEARLY UNWARRANTE D 6
602	602	INVASION OF PERSONAL PRIVACY. 7
603	603
604	604	VIII. DISCLOSURE OF INVESTI GATIVE RECORDS COMPI LED 8
605	605	FOR LAW ENFORCEMENT PURPOSES. 9
606	606
607	607	IX. DISCLOSURE OF INFORMA TION RELATED TO ANY 10
608	608	INVESTIGATIVE REPORT S PREPARED BY OR ON BEHALF OF OR FOR USE OF THE 11
609	609	COMMISSION OR OTHER C OMMITTEE CHARGED WIT H RESPONSIBILITY OF 12
610	610	INVESTIGATION OR DET ERMINATION OF COMPLI ANCE ISSUES PURSUANT TO THE 13
611	611	COMPACT. 14
612	612
613	613	X. MATTERS SPECIFICALLY EXEMPTED FROM 15
614	614	DISCLOSURE BY FEDERA L OR MEMBER STATE STATUTE. 16
615	615
616	616	XI. OTHER MATTERS AS SET FORTH BY COMMISSION 17
617	617	BYLAWS AND RULES. 18
618	618
619	619	C. IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED 19
620	620	PURSUANT TO THIS PRO VISION, THE COMMISSION’S LEGAL COUNSEL OR D ESIGNEE 20
621	621	SHALL CERTIFY THAT T HE MEETING MAY BE CL OSED AND SHALL REFER ENCE EACH 21
622	622	RELEVANT EXEMPTING P ROVISION. 22
623	623
624	624	D. THE COMMISSION SHALL KEEP MINUTES OF COMMISSION 23
625	625	MEETINGS AND SHALL P ROVIDE A FULL AND AC CURATE SUMMARY OF AC TIONS 24
626	626	TAKEN, AND THE REASONS THER EFORE, INCLUDING A DESCRIPT ION OF THE VIEWS 25
627	627	EXPRESSED. ALL DOCUMENTS CONSIDE RED IN CONNECTION WI TH AN ACTION 26
628	628	SHALL BE IDENTIFIED IN SUCH MINUTE S. ALL MINUTES AND DOCUM ENTS OF A 27
629	629	CLOSED MEETING SHALL REMAIN UNDER SEAL , SUBJECT TO RELEASE B Y A 28
630	630	MAJORITY VOTE OF THE COMMISSION OR ORDER O F A COURT OF COMPETE NT 29
631	631	JURISDICTION. 30
632	632
633	633	7. FINANCING OF THE COMMISSION. 31
634	634	HOUSE BILL 1191 15
635	635
636	636
637	637	A. THE COMMISSION SHALL PAY , OR PROVID E FOR THE 1
638	638	PAYMENT OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION , 2
639	639	AND ONGOING ACTIVITI ES. 3
640	640
641	641	B. THE COMMISSION MAY ACCEPT ALL APPROPRIATE 4
642	642	DONATIONS AND GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERIALS, AND 5
643	643	SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE SA ME, PROVIDED THAT AT 6
644	644	ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROPRIETY OR 7
645	645	CONFLICT OF INTEREST . 8
646	646
647	647	C. THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL 9
648	648	ASSESSMENT FROM EACH MEMBER STATE OR IMPOSE FEES ON OTHER PARTIES TO 10
649	649	COVER THE COST OF TH E OPERATIONS AND ACT IVITIES OF THE COMMISSION, IN 11
650	650	ACCORDANCE WITH THE COMMISSION RULES. 12
651	651
652	652	D. THE COMMISSION MAY NOT IN CUR OBLIGATIONS OF A NY 13
653	653	KIND PRIOR TO SECURI NG THE FUNDS ADEQUAT E TO MEET THE SAME ; NOR SHALL 14
654	654	THE COMMISSION PLED GE THE CREDIT OF ANY OF THE MEMBER STATES, EXCEPT 15
655	655	BY AND WITH THE AUTH ORITY OF THE MEMBER STATE. 16
656	656
657	657	E. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF 17
658	658	ALL RECEIPTS AND DIS BURSEMENTS . THE RECEIPTS AND DISB URSEMENTS OF THE 18
659	659	COMMISSION SHALL BE S UBJECT TO ACC OUNTING PROCEDURES E STABLISHED 19
660	660	UNDER COMMISSION BYLAWS. ALL RECEIPTS AND DISB URSEMENTS OF FUNDS O F 20
661	661	THE COMMISSION SHALL BE R EVIEWED ANNUALLY IN ACCORDANCE WITH 21
662	662	COMMISSION BYLAWS, AND A REPORT OF THE REVIEW SHALL BE INCL UDED IN AND 22
663	663	BECOME PART OF THE A NNUAL REPORT OF THE COMMISSION. 23
664	664
665	665	8. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION . 24
666	666
667	667	A. THE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR , 25
668	668	EMPLOYEES AND REPRES ENTATIVES OF THE COMMISSION SHALL BE I MMUNE FROM 26
669	669	SUIT AND LIABILITY , EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY , FOR 27
670	670	ANY CLAIM FOR DAMAGE TO OR LOSS OF PROPER TY OR PERSONAL INJUR Y OR 28
671	671	OTHER CIVIL LIABILIT Y CAUSED BY OR ARISI NG OUT OF ANY ACTUAL OR ALLEGED 29
672	672	ACT, ERROR OR OMISSION TH AT OCCURRED , OR THAT THE PERSON A GAINST WHOM 30
673	673	THE CLAIM IS MADE HA D A REASONABLE BASIS FOR BE LIEVING OCCURRED WIT HIN 31
674	674	THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES OR RESPONSIBI LITIES; 32
675	675	PROVIDED THAT NOTHIN G IN THIS PARAGRAPH SHALL BE CONSTRUED T O PROTECT 33
676	676	ANY SUCH PERSON FROM SUIT OR LIABILITY FO R ANY DAMAGE , LOSS, INJURY, OR 34
677	677	LIABILITY CAUSED BY THE IN TENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF 35
678	678	THAT PERSON . 36
679	679	16 HOUSE BILL 1191
680	680
681	681
682	682	B. THE COMMISSION SHALL DEFE ND ANY MEMBER , OFFICER, 1
683	683	EXECUTIVE DIRECTOR , EMPLOYEE, OR REPRESENTATIVE OF THE COMMISSION IN 2
684	684	ANY CIVIL ACTION SEE KING TO IMPOSE LIABI LITY ARISING OUT OF ANY ACTUAL OR 3
685	685	ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF 4
686	686	COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR THAT THE PERSON 5
687	687	AGAINST WHOM THE CLA IM IS MADE HAD A REA SONABLE BASIS FOR BE LIEVING 6
688	688	OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR 7
689	689	RESPONSIBILITIES ; PROVIDED THAT NOTHIN G HEREIN SHALL BE CO NSTRUED TO 8
690	690	PROHIBIT THAT PERSON FROM RETAINING HIS O R HER OWN COUNSEL ; AND 9
691	691	PROVIDED FURTHER , THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION 10
692	692	DID NOT RESULT FROM THAT PERSON ’S INTENTIONAL OR WIL LFUL OR WANTON 11
693	693	MISCONDUCT . 12
694	694
695	695	C. THE COMMISSION SHALL INDE MNIFY AND HOLD HARML ESS 13
696	696	ANY MEMBER , OFFICER, EXECUTIVE DIRECTOR , EMPLOYEE, OR REPRESENTATIVE 14
697	697	OF THE COMMISSION FOR THE AM OUNT OF ANY SETTLEME NT OR JUDGMENT 15
698	698	OBTAINED AGAINST THAT PERSON ARISING OUT OF ANY A CTUAL OR ALLEGED ACT , 16
699	699	ERROR OR OMISSION TH AT OCCURRED WITHIN T HE SCOPE OF COMMISSION 17
700	700	EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR THAT SUCH PERSON HAD A 18
701	701	REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF 19
702	702	COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , PROVIDED THAT THE 20
703	703	ACTUAL OR ALLEGED AC T, ERROR, OR OMISSION DID NOT RESULT FROM THE 21
704	704	INTENTIONAL OR WILLF UL OR WANTON MISCOND UCT OF THAT PERSON . 22
705	705
706	706	ARTICLE VIII. RULEMAKING . 23
707	707
708	708	A. THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS 24
709	709	PURSUANT TO THE CRIT ERIA SET FORTH IN TH IS INTERSTATE COMPAC T AND THE 25
710	710	RULES ADOPTED THEREUN DER. RULES AND AMENDMENTS SHALL BECOME 26
711	711	BINDING AS OF THE DA TE SPECIFIED IN EACH RULE OR AMENDMENT . 27
712	712
713	713	B. THE COMMISSION SHALL PROMULG ATE REASONABLE RULES TO 28
714	714	ACHIEVE THE INTENT A ND PURPOSE OF THIS I NTERSTATE COMPACT . IN THE EVENT 29
715	715	THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A MANNER THAT IS 30
716	716	BEYOND PURPOSE AND I NTENT OF THIS INTERS TATE COMPACT , OR THE POWERS 31
717	717	GRANTED HEREUNDER , THEN SUCH AN ACTION BY THE COMMISSION SHALL BE 32
718	718	INVALID AND HAVE NO FORCE AND EFFECT OF LAW IN THE MEMBER STATES. 33
719	719
720	720	C. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES 34
721	721	REJECTS A RULE, BY ENACTMENT OF A ST ATUTE OR RESOLUTION IN THE SAME 35
722	722	MANNER USED TO ADOPT THE COMPACT WITHIN F OUR (4) YEARS OF THE DATE OF 36
723	723	ADOPTION OF THE RULE, THEN SUCH RULE SHALL HAVE NO FU RTHER FORCE AND 37
724	724	EFFECT IN ANY MEMBER STATE. 38 HOUSE BILL 1191 17
725	725
726	726
727	727
728	728	D. RULES OR AMENDMENTS T O THE RULES SHALL BE ADOPTE D OR 1
729	729	RATIFIED AT A REGULA R OR SP ECIAL MEETING OF THE COMMISSION IN 2
730	730	ACCORDANCE WITH COMMISSION RULES AND BYLAWS. 3
731	731
732	732	E. UPON DETERMINATION TH AT AN EMERGENCY EXIS TS, THE 4
733	733	COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITH 48 HOURS’ 5
734	734	NOTICE, WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE USUAL 6
735	735	RULEMAKING PROCEDURES SHALL BE RETROACTIVE LY APPLIED TO THE RULE AS 7
736	736	SOON AS REASONABLY P OSSIBLE, IN NO EVENT LATER TH AN NINETY (90) DAYS 8
737	737	AFTER THE EFFECTIVE DATE OF THE RULE. FOR THE PURPOSES OF T HIS 9
738	738	PROVISION, AN EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATELY 10
739	739	IN ORDER TO: 11
740	740
741	741	1. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR 12
742	742	WELFARE; 13
743	743
744	744	2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS; 14
745	745
746	746	3. MEET A DEADLINE FOR T HE PROMULGATION OF A N 15
747	747	ADMINISTRATIVE RULE THAT IS ESTABLIS HED BY FEDERAL LAW OR RULE; OR 16
748	748
749	749	4. PROTECT PUBLIC HEALTH AND SAFETY. 17
750	750
751	751	ARTICLE IX. FACILITATING INFORMATION EXCHANGE. 18
752	752
753	753	A. THE COMMISSION SHALL PROV IDE FOR FACILITATING THE EXCHANGE 19
754	754	OF INFORMATION TO AD MINISTER AND IMPLEME NT THE PROVISIONS OF THIS 20
755	755	COMPACT IN A CCORDANCE WITH THE RULES OF THE COMMISSION, CONSISTENT 21
756	756	WITH GENERALLY ACCEP TED DATA PROTECTION PRINCIPLES. 22
757	757
758	758	B. NOTHING IN THIS COMPA CT SHALL BE DEEMED O R CONSTRUED TO 23
759	759	ALTER, LIMIT, OR INHIBIT THE POWER OF A MEMBER STATE TO CONTROL AND 24
760	760	MAINTAIN OWNERSHIP OF ITS LICENSEE INFO RMATION OR ALTER , LIMIT, OR 25
761	761	INHIBIT THE LAWS OR REGULATIONS GOVERNIN G LICENSEE INFORMATI ON IN THE 26
762	762	MEMBER STATE. 27
763	763
764	764	ARTICLE X. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT . 28
765	765
766	766	A. OVERSIGHT. 29
767	767
768	768	1. THE EXECUTIVE AND JUD ICIAL BRANCHES OF STATE 30
769	769	GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE T HIS COMPACT AND TAKE 31 18 HOUSE BILL 1191
770	770
771	771
772	772	ALL ACTIONS NECESSAR Y AND APPROPRIATE TO EFFECTUATE THE COMPACT’S 1
773	773	PURPOSES AND INTENT . THE PROVISIONS OF THI S COMPACT SHALL HAVE 2
774	774	STANDING AS ST ATUTORY LAW . 3
775	775
776	776	2. VENUE IS PROPER AND J UDICIAL PROCEEDINGS BY OR AGAINST 4
777	777	THE COMMISSION SHALL BE B ROUGHT SOLELY AND EX CLUSIVELY IN A COURT OF 5
778	778	COMPETENT JURISDICTI ON WHERE THE PRINCIP AL OFFICE OF THE COMMISSION IS 6
779	779	LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DE FENSES 7
780	780	TO THE EXTENT IT ADO PTS OR CONSENTS TO P ARTICIPATE IN ALTERN ATIVE 8
781	781	DISPUTE RESOLUTION P ROCEEDINGS . NOTHING HEREIN SHALL AFFECT OR LIMIT 9
782	782	THE SELECTION OR PRO PRIETY OF VENUE IN A NY ACTION AGAINST A LICENSEE FOR 10
783	783	PROFESSIONAL MALPRAC TICE, MISCONDUCT OR ANY SU CH SIMILAR MATTER . 11
784	784
785	785	3. ALL COURTS AND ALL AD MINISTRATIVE AGENCIE S SHALL TAKE 12
786	786	JUDICIAL NOTICE OF T HE COMPACT, THE RULES OF THE COMMISSION, AND ANY 13
787	787	INFORMATION PROVIDED TO A MEMBER STATE PURSUANT THERET O IN ANY 14
788	788	JUDICIAL OR QUASI –JUDICIAL PROCEEDING I N A MEMBER STATE PERTAINING TO 15
789	789	THE SUBJECT MATTER O F THIS COMPACT, OR WHICH MAY AFFECT THE POWERS , 16
790	790	RESPONSIBILITIES , OR ACTIONS OF THE COMMISSION. 17
791	791
792	792	4. THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF 18
793	793	PROCESS IN ANY PROCE EDING R EGARDING THE ENFORCE MENT OR 19
794	794	INTERPRETATION OF TH E COMPACT AND SHALL HAV E STANDING TO INTERV ENE IN 20
795	795	SUCH A PROCEEDING FO R ALL PURPOSES . FAILURE TO PROVIDE TH E COMMISSION 21
796	796	SERVICE OF PROCESS S HALL RENDER A JUDGME NT OR ORDER VOID AS TO THE 22
797	797	COMMISSION, THIS COMPACT, OR PROMULGATED RULES. 23
798	798
799	799	B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. 24
800	800
801	801	1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 25
802	802	DEFAULTED IN THE PER FORMANCE OF ITS OBLI GATIONS OR RESPONSIB ILITIES 26
803	803	UNDER THIS COMPACT OR THE PROMUL GATED RULES, THE COMMISSION SHALL : 27
804	804
805	805	A. PROVIDE WRITTEN NOTIC E TO THE DEFAULTING STATE 28
806	806	AND OTHER MEMBER STATES OF THE NATURE OF THE DEFAULT , THE PROPOSED 29
807	807	MEANS OF CURING THE DEFAULT OR ANY OTHER ACTION TO BE TAKEN B Y THE 30
808	808	COMMISSION; AND 31
809	809
810	810	B. PROVIDE REMEDIAL TRAI NING AND SPECIFIC TECH NICAL 32
811	811	ASSISTANCE REGARDING THE DEFAULT . 33
812	812
813	813	C. IF A STATE IN DEFAULT FAIL S TO CURE THE DEFAUL T, THE DEFAULTING 34
814	814	STATE MAY BE TERMINAT ED FROM THE COMPACT UPON AN AFFIR MATIVE VOTE OF 35 HOUSE BILL 1191 19
815	815
816	816
817	817	A MAJORITY OF THE COMMISSIONERS OF THE MEMBER STATES, AND ALL RIGHTS, 1
818	818	PRIVILEGES AND BENEF ITS CONFERRED ON THA T STATE BY THIS COMPACT MAY BE 2
819	819	TERMINATED ON THE EF FECTIVE DATE OF TERM INATION. A CURE OF THE DEFAULT 3
820	820	DOES NOT RELIEVE THE OFFENDING STATE OF OBLIGATIONS OR LIABILITIES 4
821	821	INCURRED DURING THE PERIOD OF DEFA ULT. 5
822	822
823	823	D. TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE IMPO SED 6
824	824	ONLY AFTER ALL OTHER MEANS OF SECURING CO MPLIANCE HAVE BEEN 7
825	825	EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY 8
826	826	THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MIN ORITY LEADERS OF 9
827	827	THE DEFAULTING STATE’S LEGISLATURE , THE STATE LICENSING AUTHORITY AND 10
828	828	EACH OF THE MEMBER STATES. 11
829	829
830	830	E. A STATE THAT HAS BEEN T ERMINATED IS RESPONS IBLE FOR ALL 12
831	831	ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE 13
832	832	EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND 14
833	833	BEYOND THE EFFECTIVE DATE OF TERMINATION . 15
834	834
835	835	F. THE COMMISSION MAY NOT BE AR ANY COSTS RELATED TO A STATE 16
836	836	THAT IS FOUND TO BE IN DEFAULT OR THAT H AS BEEN TERMINATED F ROM THE 17
837	837	COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN THE COMMISSION AND THE 18
838	838	DEFAULTING STATE. 19
839	839
840	840	G. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE 20
841	841	COMMISSION BY PETITIO NING THE U.S. DISTRICT COURT FOR THE DISTRICT OF 21
842	842	COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS ITS 22
843	843	PRINCIPAL OFFICES . THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF 23
844	844	SUCH LITIGATION , INCLUDING REASONABLE ATTORNEY’S FEES. 24
845	845
846	846	H. DISPUTE RESOLUTION. 25
847	847
848	848	1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL 26
849	849	ATTEMPT TO RESOLVE D ISPUTES RELATED TO T HE COMPACT THAT ARISE AMONG 27
850	850	MEMBER STATES AND BETWEEN MEMBER AND NON –MEMBER STATES. 28
851	851
852	852	2. THE COMMISSION SHALL PROM ULGATE A RULE PROVIDING FOR 29
853	853	BOTH BINDING AND NON –BINDING ALTERNATIVE DISPUTE RESOLUTION F OR 30
854	854	DISPUTES AS APPROPRI ATE. 31
855	855
856	856	I. ENFORCEMENT . 32
857	857
858	858	1. THE COMMISSION, IN THE REASONABLE EX ERCISE OF ITS 33
859	859	DISCRETION, SHALL ENFORCE THE PR OVISIONS AND RULES OF THIS COMPACT. 34 20 HOUSE BILL 1191
860	860
861	861
862	862
863	863	2. BY MAJORITY VOTE , THE COMMISSION MAY INITIA TE LEGAL 1
864	864	ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 2
865	865	OR THE FEDERAL DISTRICT WHE RE THE COMMISSION HAS ITS PR INCIPAL OFFICES 3
866	866	AGAINST A MEMBER STATE IN DEFAULT TO E NFORCE COMPLIANCE WI TH THE 4
867	867	PROVISIONS OF THE COMPACT AND ITS PROMU LGATED RULES AND BYLAWS. THE 5
868	868	RELIEF SOUGHT MAY IN CLUDE BOTH INJUNCTIV E RELIEF AND DAMAGE S. IN THE 6
869	869	EVENT JUDICIAL ENFOR CEMENT IS NECESSARY , THE PREVAILING PARTY SHALL BE 7
870	870	AWARDED ALL COSTS OF SUCH LITIGATION , INCLUDING REASONABLE ATTORNEY’S 8
871	871	FEES. THE REMEDIES HEREIN M AY NOT BE THE EXCLUS IVE REMEDIES OF THE 9
872	872	COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES A VAILABLE 10
873	873	UNDER FEDERAL OR STATE LAW. 11
874	874
875	875	ARTICLE XI. EFFECTUATION , WITHDRAWAL, AND AMENDMENT . 12
876	876
877	877	A. THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON WHICH THE 13
878	878	COMPACT STATUTE IS EN ACTED INTO LAW IN TH E TENTH MEMBER STATE. 14
879	879
880	880	1. ON OR AFTER THE EFFECTIVE DAT E OF THE COMPACT, THE 15
881	881	COMMISSION SHALL CONV ENE AND REVIEW THE E NACTMENT OF EACH OF THE 16
882	882	CHARTER MEMBER STATES TO DETERMINE I F THE STATUTE ENACTE D BY EACH 17
883	883	SUCH CHARTER MEMBER STATE IS MATERIALLY D IFFERENT FROM THE MO DEL 18
884	884	COMPACT STATUTE . 19
885	885
886	886	2. A CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND TO BE 20
887	887	MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE SHALL BE 21
888	888	ENTITLED TO THE DEFA ULT PROCESS SET FORT H IN ARTICLE X. 22
889	889
890	890	3. MEMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE 23
891	891	CHARTER MEMBER STATES SHALL BE SUBJECT TO THE PROCESS SET F ORTH IN 24
892	892	ARTICLE VII.C.20 TO DETERMINE IF THEI R ENACTMENTS ARE MAT ERIALLY 25
893	893	DIFFERENT FROM THE M ODEL COMPACT STATUTE AND W HETHER THEY QUALIFY 26
894	894	FOR PARTICIPATION IN THE COMPACT. 27
895	895
896	896	B. IF ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT , OR IS 28
897	897	TERMINATED OR WITHDR AWS FROM THE COMPACT, THE COMMISSION SHALL 29
898	898	REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT EVEN IF TH E 30
899	899	NUMBER OF MEMBER STATES SHOULD BE LESS THAN TEN. 31
900	900
901	901	C. ANY STATE THAT JOINS THE COMPACT AFTER THE COMMISSION’S 32
902	902	INITIAL ADOPTION OF THE RULES AND BYLAWS SHALL BE SUBJE CT TO THE RULES 33
903	903	AND BYLAWS AS THEY EXIST ON THE DATE ON WHICH THE COMPACT BECOMES LAW 34
904	904	IN THAT STATE. ANY RULE THAT HAS BEEN PR EVIOUSLY ADOPTED BY THE 35 HOUSE BILL 1191 21
905	905
906	906
907	907	COMMISSION SHALL HAVE THE FULL FORCE AND EFFECT OF LAW ON THE DAY THE 1
908	908	COMPACT BECOMES LAW I N THAT STATE, AS THE RULES AND BYLAWS MAY BE 2
909	909	AMENDED AS PROVIDED IN THIS COMPACT. 3
910	910
911	911	D. ANY MEMBER STATE MAY WITHDRAW FR OM THIS COMPACT BY 4
912	912	ENACTING A STATUTE R EPEALING THE SAME . 5
913	913
914	914	1. A MEMBER STATE’S WITHDRAWAL MAY NOT TAKE EFFECT UNTIL 6
915	915	SIX (6) MONTHS AFTER ENACTME NT OF THE REPEALING STATUTE. 7
916	916
917	917	2. WITHDRAWAL MAY NOT AF FECT THE CONTINUING REQUIREMENT 8
918	918	OF THE WITHDRAWING STATE’S LICENSING AUTHORITY TO COMPLY W ITH THE 9
919	919	INVESTIGATIVE AND ADVERSE ACTION REPORTING REQU IREMENTS OF THIS ACT 10
920	920	PRIOR TO THE EFFECTI VE DATE OF WITHDRAWA L. 11
921	921
922	922	E. THIS COMPACT MAY BE AMENDE D BY THE MEMBER STATES. NO 12
923	923	AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDIN G UPON 13
924	924	ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF ALL MEMBER STATES. 14
925	925
926	926	ARTICLE XII. CONSTRUCTION AND SEVERABILITY. 15
927	927
928	928	THIS COMPACT SHALL BE LIBE RALLY CONSTRUED TO E FFECTUATE THE 16
929	929	PURPOSES THEREOF . THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE 17
930	930	AND IF ANY PHRASE , CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS 18
931	931	DECLARED TO BE CONTR ARY TO THE CONSTITUT ION OF ANY MEMBER STATE OR A 19
932	932	STATE SEEKING MEMBERS HIP IN THE COMPACT , OR OF THE UNITED STATES OR THE 20
933	933	APPLICABILITY THEREO F TO ANY OTHER GOVER NMENT, AGENCY, PERSON OR 21
934	934	CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF THE REMAINDER OF THIS 22
935	935	COMPACT AND THE APPLI CABILITY THEREOF TO ANY GOVERNMENT , AGENCY, 23
936	936	PERSON, OR CIRCUMSTANCE MAY NOT BE AFFECTED THER EBY. IF THIS COMPACT 24
937	937	SHALL BE HELD CONTRA RY TO THE CONSTITUTI ON OF ANY MEMBER STATE, THE 25
938	938	COMPACT SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING 26
939	939	MEMBER STATES AND IN FULL FO RCE AND EFFECT AS TO THE MEMBER STATE 27
940	940	AFFECTED AS TO ALL S EVERABLE MATTERS . 28
941	941
942	942	ARTICLE XIII. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. 29
943	943
944	944	A. NOTHING HEREIN SHALL PREVENT OR INHIBIT THE ENFORCEMENT OF 30
945	945	ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INC ONSISTENT WITH THE 31
946	946	COMPACT. 32
947	947	22 HOUSE BILL 1191
948	948
949	949
950	950	B. ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL 1
951	951	REQUIREMENTS IN A MEMBER STATE IN CONFLICT WIT H THE COMPACT ARE 2
952	952	SUPERSEDED TO THE EX TENT OF THE CONFLICT. 3
953	953
954	954	C. ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE 4
955	955	MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEI R TERMS. 5
956	956
957	957	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is contingent on the 6
958	958	enactment of substantially similar legislation in 10 other states. The State Department of 7
959	959	Education shall notify the Department of Legislative Services within 10 days after 10 states 8
960	960	have enacted legislation that is substantially similar to this Act. 9
961	961
962	962	SECTION 4. AND BE IT FURTHER ENACTED, That , subject to Section 3 of this 10
963	963	Act, this Act shall take effect October 1, 2024. 11