EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0118*
HOUSE BILL 118
F1 5lr1150
HB 1191/24 – W&M (PRE–FILED)
By: Delegates Mireku–North, Fair, and Miller
Requested: October 9, 2024
Introduced and read first time: January 8, 2025
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Interstate Teacher Mobility Compact 2
FOR the purpose of repealing certain provisions of law relating to the Interstate Agreement 3
on Qualifications of Educational Personnel; providing that certain provisions of law 4
regarding the issuance of an initial teaching certificate do not apply to certain 5
teachers under certain circumstances; entering into the Interstate Teacher Mobility 6
Compact for the purpose of authorizing regulated teachers who hold multistate 7
licenses to teach in each member state; establishing requirements for multistate 8
licensure; establishing the Interstate Teacher Mobility Compact Commission and its 9
powers and duties; providing for the withdrawal from the Compact; and generally 10
relating to the Interstate Teacher Mobility Compact. 11
BY repealing 12
Article – Education 13
Section 6–601 through 6–604 and the subtitle “Subtitle 6. Interstate Agreement on 14
Qualifications of Educational Personnel” 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2024 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Education 19
Section 6–126 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2024 Supplement) 22
BY adding to 23
Article – Education 24
Section 6–601 to be under the new subtitle “Subtitle 6. Interstate Teacher Mobility 25
Compact” 26
Annotated Code of Maryland 27 2 HOUSE BILL 118
(2022 Replacement Volume and 2024 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That Section(s) 6–601 through 6–604 and the subtitle “Subtitle 6. Interstate Agreement on 3
Qualifications of Educational Personnel” of Article – Education of the Annotated Code of 4
Maryland be repealed. 5
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 6
as follows: 7
Article – Education 8
6–126. 9
(a) (1) This subsection applies to individuals who have graduated from a 10
teacher preparation program or an alternative teacher preparation program. 11
(2) Beginning on July 1, 2025, to qualify for an initial certificate an 12
individual shall: 13
(i) Pass the subject–specific examinations under § 6–125 of this 14
subtitle; 15
(ii) Meet one of the following qualifications: 16
1. Subject to paragraph (3) of this subsection, pass a 17
nationally recognized, portfolio–based assessment of teaching ability; or 18
2. Subject to paragraph (4) of this subsection, complete a 19
rigorous local school system teacher induction program that lasts for the lesser of: 20
A. 3 years; or 21
B. The amount of time a teacher may hold a conditional 22
teacher certificate; 23
(iii) Meet one of the following qualifications: 24
1. Pass a basic literacy skills assessment approved by the 25
Department under § 6–125 of this subtitle; 26
2. Hold a degree from a regionally accredited educational 27
institution and have earned a minimum overall cumulative grade point average of 3.0 on a 28
4.0 scale or its equivalent on the most recently earned degree; or 29
3. Submit documentation to the Department of having 30
received effective evaluations from a local school system for 3 years; 31 HOUSE BILL 118 3
(iv) Pass a rigorous State–specific examination of mastery of reading 1
instruction and content for the grade level the individual will be teaching; and 2
(v) Satisfactorily complete any other requirements established by 3
the State Board. 4
(3) An individual who graduates from a teacher preparation program in 5
the State who passed a nationally recognized, portfolio–based assessment may not be 6
required to take the assessment more than one time. 7
(4) (i) In order to satisfy the requirements of paragraph (2)(ii)2 of this 8
subsection, a candidate for an initial teacher certificate shall submit documentation to the 9
Department that the candidate has completed a rigorous comprehensive induction 10
program, established in accordance with § 6–117 of this subtitle, that meets the 11
requirements of this paragraph. 12
(ii) The comprehensive induction program shall be developed by a 13
local school system, either independently or collaboratively with other local school systems. 14
(iii) Before establishing a comprehensive induction program, one or 15
more local school systems shall submit a plan for the program to the Department and the 16
Accountability and Implementation Board. 17
(iv) The comprehensive induction program shall include a locally 18
developed portfolio component that is aligned with the Interstate Teacher Assessment and 19
Support Consortium Standards. 20
(v) A teacher preparation program or an alternative teacher 21
preparation program may use the locally developed portfolio component under 22
subparagraph (iv) of this paragraph as meeting a portion of the coursework requirements 23
of the program. 24
(vi) A candidate who satisfactorily completes a comprehensive 25
induction program established in accordance with this paragraph may not be required to 26
pass a nationally recognized, portfolio–based assessment of teaching ability. 27
(b) (1) THIS SUBSECTION DOES NOT APPLY TO A TEACH ER WHO HOLDS A 28
PROFESSIONAL LICENSE OR CERTIFICATE FROM A STATE FOR WHICH TH E LICENSE 29
OR CERTIFICATE IS AC CEPTED IN ACCORDANCE WITH THE INTERSTATE TEACHER 30
MOBILITY COMPACT UNDER SUBTITLE 6 OF THIS TITLE. 31
(2) In addition to any other requirements established by the State Board, 32
to qualify for a certificate in the State, a teacher who graduated from an institution of 33
higher education in another state or holds a professional license or certificate from another 34
state shall: 35
4 HOUSE BILL 118
[(1)] (I) Pass an examination of teaching ability within 18 months of 1
being hired by a local school system; 2
[(2)] (II) Hold an active National Board Certification from the National 3
Board for Professional Teaching Standards; or 4
[(3)] (III) Complete a comprehensive induction program in accordance with 5
subsection (a)(4) of this section. 6
(c) (1) The Department, after a reasonable period of review and assessment, 7
shall determine whether one of the assessments of teaching skill approved for initial 8
teacher certification under this section more adequately measures the skills and knowledge 9
required of a highly qualified teacher. 10
(2) If the Department makes a determination under paragraph (1) of this 11
subsection that requires a revision to the statutory requirements for initial teacher 12
certification, the Department shall, in accordance with § 2–1257 of the State Government 13
Article, submit a report to the General Assembly on or before the next September 1 on its 14
recommendations for revising the qualifications for initial teacher certification. 15
(d) (1) The Department shall actively monitor and assess, during their 16
implementation and development, new teacher standards and assessments produced under 17
this section for any negative impact on the diversity of teacher candidates passing the 18
initial teacher certification assessments. 19
(2) The Department shall report the results of its monitoring and 20
assessment to the Accountability and Implementation Board established under § 5–402 of 21
this article. 22
SUBTITLE 6. INTERSTATE TEACHER MOBILITY COMPACT. 23
6–601. 24
THE INTERSTATE TEACHER MOBILITY COMPACT IS HEREBY ENA CTED AND 25
ENTERED INTO WITH AL L OTHER JURISDICTION S THAT LEGALL Y JOIN IN THIS 26
COMPACT IN THE FORM S UBSTANTIALLY AS THE COMPACT APPEARS IN TH IS 27
SECTION AS FOLLOWS : 28
ARTICLE I. PURPOSE. 29
THE PURPOSE OF THIS COMPACT IS TO FACILIT ATE THE MOBILITY OF 30
TEACHERS ACROSS THE MEMBER STATES, WITH THE GOAL OF SUP PORTING 31
TEACHERS THROUGH A NEW PATHWA Y TO LICENSURE . THROUGH THIS COMPACT, 32
THE MEMBER STATES SEEK TO ESTABL ISH A COLLECTIVE REG ULATORY 33 HOUSE BILL 118 5
FRAMEWORK THAT EXPED ITES AND ENHANCES TH E ABILITY OF TEACHERS TO MOVE 1
ACROSS STATE LINES. 2
THIS COMPACT IS INTENDED T O ACHIEVE THE FOLLO WING OBJECTIVES AND 3
SHOULD BE INTERPRETE D ACCORDINGLY . THE MEMBER STATES HEREBY RATIFY 4
THE SAME INTENTIONS BY SUBSCRIBING HERET O. 5
A. CREATE A STREAMLINED PATHWAY TO LICENSURE MOBILITY FOR 6
TEACHERS; 7
B. SUPPORT THE RELOCATIO N OF ELIGIBLE MILITARY SPOUSES; 8
C. FACILITATE AND ENHANC E THE EXCHANGE OF LI CENSURE, 9
INVESTIGATIVE, AND DISCIPLINARY INF ORMATION BETWEEN THE MEMBER 10
STATES; 11
D. ENHANCE THE POWER OF STATE AND DISTRICT LE VEL EDUCATION 12
OFFICIALS TO HIRE QU ALIFIED, COMPETENT TEACHERS BY REMOVING BARRIERS 13
TO THE EMPLOYMENT OF OUT–OF–STATE TEACHERS; 14
E. SUPPORT THE RETENTION OF TEACHERS IN THE PROFE SSION BY 15
REMOVING BARRIERS TO RE–LICENSURE IN A NEW STATE; AND 16
F. MAINTAIN STATE SOVEREIGNTY IN THE REGULATION OF TH E TEACHING 17
PROFESSION. 18
ARTICLE II. DEFINITIONS. 19
AS USED IN THIS COMPACT, AND EXCEPT AS OTHERW ISE PROVIDED, THE 20
FOLLOWING DEFINITION S SHALL GOVERN THE T ERMS HEREIN: 21
A. “ACTIVE MILITARY MEMBER” MEANS ANY PERSON WIT H FULL–TIME 22
DUTY STATUS IN THE A RMED FORCES OF THE UNITED STATES, INCLUDING 23
MEMBERS OF THE NATIONAL GUARD AND RESERVE. 24
B. “ADVERSE ACTION” MEANS ANY LIMITATION OR RESTRICTION IMPOS ED 25
BY A MEMBER STATE’S LICENSING AUTHORITY, SUCH AS REVOCATION , 26
SUSPENSION, REPRIMAND , PROBATION, OR LIMITATION ON THE LICENSEE’S 27
ABILITY TO WORK AS A TEACHER. 28
C. “BYLAWS” MEANS THOSE BYLAWS E STABLISHED BY THE COMMISSION. 29
6 HOUSE BILL 118
D. “CAREER AND TECHNICAL EDUCATION LICENSE” MEANS A CURRENT , 1
VALID AUTHORIZATION ISSUED BY A MEMBER STATE’S LICENSING AUTHORITY 2
ALLOWING AN INDIVIDU AL TO SERVE AS A TEACHER IN P–12 PUBLIC EDUCATIONAL 3
SETTINGS IN A SPECIF IC CAREER AND TECHNI CAL EDUCATION AREA . 4
E. “CHARTER MEMBER STATES” MEANS A MEMBER STATE THAT HAS 5
ENACTED LEGISLATION TO ADOPT THIS COMPACT WHERE SUCH LE GISLATION 6
PREDATES THE INITIAL MEETING OF THE COMMISSION AFTER THE EFFE CTIVE DATE 7
OF THE COMPACT. 8
F. “COMMISSION” MEANS THE INTERSTATE ADMINISTRATIVE BODY 9
WHOSE MEMBERSHIP CON SISTS OF DELEGATES O F ALL STATES THAT HAVE 10
ENACTED THIS COMPACT, AND WHICH IS KNOWN A S THE INTERSTATE TEACHER 11
MOBILITY COMPACT COMMISSION. 12
G. “COMMISSIONER ” MEANS THE DELEGATE O F A MEMBER STATE. 13
H. “ELIGIBLE LICENSE” MEANS A LICENSE TO E NGAGE IN THE TEACHIN G 14
PROFESSION THAT REQU IRES AT LEAST A BACH ELOR’S DEGREE AND THE 15
COMPLETION OF A STAT E APPROVED PROGRAM F OR TEACHER LICENSU RE. 16
I. “ELIGIBLE MILITARY SPOUSE” MEANS THE SPOUSE OF ANY INDIVIDUAL 17
IN FULL–TIME DUTY STATUS IN THE ACTIVE ARMED FOR CES OF THE UNITED STATES 18
INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE MOVING AS A 19
RESULT OF A MILITARY MISSION OR MILITARY CAREER PROGRESSION 20
REQUIREMENTS OR ON T HEIR TERMINAL MOVE A S A RESULT OF SEPARA TION OR 21
RETIREMENT (TO INCLUDE SURVIVING SPOUSES OF DECEASED MILITARY 22
MEMBERS). 23
J. “EXECUTIVE COMMITTEE” MEANS A GROUP OF COMMISSIONERS 24
ELECTED OR APPOINTED TO ACT ON BEHALF OF , AND WITHIN THE POWER S 25
GRANTED TO THEM BY , THE COMMISSION AS PROVIDE D FOR HEREIN. 26
K. “LICENSING AUTHORITY” MEANS AN OFFICIAL , AGENCY, BOARD, OR 27
OTHER ENTITY OF A STATE THAT IS RESPONS IBLE FOR THE LICENSI NG AND 28
REGULATION OF TEACHERS AUTHORIZED T O TEACH IN P–12 PUBLIC EDUCATIONAL 29
SETTINGS. 30
L. “MEMBER STATE” MEANS ANY STATE THAT HAS ADOPTE D THIS 31
COMPACT, INCLUDING ALL AGENCI ES AND OFFICIALS OF SUCH A STATE. 32
M. “RECEIVING STATE” MEANS ANY STATE WHERE A TEACHER HAS 33
APPLIED FOR LICENSUR E UNDER THIS COMPACT. 34 HOUSE BILL 118 7
N. “RULE” MEANS ANY REGULATION PROMULGATED BY THE COMMISSION 1
UNDER THIS COMPACT, WHICH SHALL HAVE THE FORCE OF LAW IN EACH MEMBER 2
STATE. 3
O. “STATE” MEANS A STATE, TERRITORY, OR POSSESSION OF THE UNITED 4
STATES, AND THE DISTRICT OF COLUMBIA. 5
P. “STATE PRACTICE LAWS” MEANS A MEMBER STATE’S LAWS, RULES, 6
AND REGULATIONS THAT GOVERN THE TEACHING PROFESSION, DEFINE THE SCOPE 7
OF SUCH PROFESSION , AND CREATE TH E METHODS AND GROUND S FOR IMPOSING 8
DISCIPLINE. 9
Q. “STATE SPECIFIC REQUIREMENTS ” MEANS A REQUIREMENT FOR 10
LICENSURE COVERED IN COURSEWORK OR EXAMIN ATION THAT INCLUDES CONTENT 11
OF UNIQUE INTEREST T O THE STATE. 12
R. “TEACHER” MEANS AN INDIVIDUAL WHO CURRENT LY HOLDS AN 13
AUTHORIZATION FROM A MEMBER STATE THAT FORMS THE BASIS FOR 14
EMPLOYMENT IN THE P–12 PUBLIC SCHOOLS OF TH E STATE TO PROVIDE 15
INSTRUCTION IN A SPE CIFIC SUBJECT AREA , GRADE LEVEL , OR STUDENT 16
POPULATION . 17
S. “UNENCUMBERED LICENSE” MEANS A CURRENT , VALID 18
AUTHORIZATION ISSUED BY A MEMBER STATE’S LICENSING AUTHORITY ALLOWING 19
AN INDIVIDUAL TO SER VE AS A TEACHER IN P–12 PUBLIC EDUCATIONAL S ETTINGS. 20
AN UNENCUMBERED LICENSE IS NOT A REST RICTED, PROBATIONARY , 21
PROVISIONAL, SUBSTITUTE OR TEMPOR ARY CREDENTIAL . 22
ARTICLE III. LICENSURE UNDER THE COMPACT. 23
A. LICENSURE UNDER THIS COMPACT PERTAINS ONLY TO THE INITIAL 24
GRANT OF A LICENSE B Y THE RECEIVING STATE. NOTHING HEREIN APPLIE S TO ANY 25
SUBSEQUENT OR ONGOIN G COMPLIANCE REQUIRE MENTS THAT A RECEIVING STATE 26
MIGHT REQUIRE FOR TEACHERS. 27
B. EACH MEMBER STATE SHALL, IN ACCORDANCE WITH T HE RULES OF 28
THE COMMISSION, DEFINE, COMPILE, AND UPDATE AS NECESS ARY, A LIST OF 29
ELIGIBLE LICENSES AND CAREER AND TECHNICAL EDUCATION LICENSES THAT 30
THE MEMBER STATE IS WILLING TO C ONSIDER FOR EQUIVALENCY UNDER THIS 31
COMPACT AND PROVIDE T HE LIST TO THE COMMISSION. THE LIST SHALL INCLUD E 32
THOSE LICENSES THAT A RECEIVING STATE IS WILLING TO G RANT TO TEACHERS 33 8 HOUSE BILL 118
FROM OTHER MEMBER STATES, PENDING A DETERMINAT ION OF EQUIVALENCY B Y 1
THE RECEIVING STATE’S LICENSING AUTHORITY. 2
C. UPON THE RECEIPT OF A N APPLICATION FOR LI CENSURE BY A 3
TEACHER HOLDING AN UNENCUMBERED ELIGIBLE LICENSE, THE RECEIVING 4
STATE SHALL DETERMINE WHICH OF THE RECEIVING STATE’S ELIGIBLE LICENSES 5
THE TEACHER IS QUALIFIED TO HOLD AND SHALL GR ANT SUCH A LICENSE O R 6
LICENSES TO THE APPL ICANT. SUCH A DETERMINATION SHALL BE MADE IN THE 7
SOLE DISCRETION OF T HE RECEIVING STATE’S LICENSING AUTHORITY AND MAY 8
INCLUDE A DETERMINAT ION THAT THE APPLICA NT IS NOT ELIGIBLE F OR ANY OF 9
THE RECEIVING STATE’S ELIGIBLE LICENSES. FOR ALL TEACHERS WHO HOLD AN 10
UNENCUMBERED LICENSE, THE RECEIVING STATE SHALL GRANT ONE OR MORE 11
UNENCUMBERED LICENSE(S) THAT, IN THE RECEIVING STATE’S SOLE DISCRETION , 12
ARE EQUIVALENT TO TH E LICENSE(S) HELD BY THE TEACHER IN ANY OTHER 13
MEMBER STATE. 14
D. FOR ACTIVE MILITARY MEMBERS AND ELIGIBLE MILITARY SPOUSES 15
WHO HOLD A LICENSE T HAT IS NOT UNENCUMBERED , THE RECEIVING STATE SHALL 16
GRANT AN EQUIVALENT LICENSE OR LICENSES THAT, IN THE RECEIVING STATE’S 17
SOLE DISCRETION , IS EQUIVALENT TO THE LICENSE OR LICENSES HELD BY THE 18
TEACHER IN ANY OTHER MEMBER STATE, EXCEPT WHERE THE RECEIVING STATE 19
DOES NOT HAVE AN EQU IVALENT LICENSE . 20
E. FOR A TEACHER HOLDING AN UNENCUMBERED CAREER AND 21
TECHNICAL EDUCATION LICENSE, THE RECEIVING STATE SHALL GRANT AN 22
UNENCUMBERED LICENSE EQUIVAL ENT TO THE CAREER AND TECHNICAL 23
EDUCATION LICENSE HELD BY THE A PPLYING TEACHER AND ISSUED BY ANOTHER 24
MEMBER STATE, AS DETERMINED BY THE RECEIVING STATE IN ITS SOLE 25
DISCRETION, EXCEPT WHERE A CAREER AND TECHNICAL EDUCATION TEACHER 26
DOES NOT HOLD A BACH ELOR’S DEGREE AND THE RECEIVING STATE REQUIRES A 27
BACHELOR’S DEGREE FOR LICENSE S TO TEACH CAREER AND TECHNICAL 28
EDUCATION. A RECEIVING STATE MAY REQUIRE CAREER AND TECHNICAL 29
EDUCATION TEACHERS TO MEET STATE INDUSTRY RECOGN IZED REQUIREMENTS , 30
IF REQUIRED BY LAW I N THE RECEIVING STATE. 31
ARTICLE IV. LICENSURE NOT UNDER T HE COMPACT. 32
A. EXCEPT AS PROVIDED IN ARTICLE III ABOVE, NOTHING IN THIS 33
COMPACT SHALL BE CONS TRUED TO LIMIT OR IN HIBIT THE POWER OF A MEMBER 34
STATE TO REGULATE LIC ENSURE OR ENDORSEMEN TS OVERSEEN BY TH E MEMBER 35
STATE’S LICENSING AUTHORITY. 36
HOUSE BILL 118 9
B. WHEN A TEACHER IS REQUIRED T O RENEW A LICENSE RE CEIVED 1
PURSUANT TO THIS COMPACT, THE STATE GRANTING SUCH A LICENSE MAY 2
REQUIRE THE TEACHER TO COMPLETE STATE SPECIFIC REQUIREMENTS AS A 3
CONDITION OF LICENSU RE RENEWAL OR ADVANCEMENT IN THAT STATE. 4
C. FOR THE PURPOSES OF D ETERMINING COMPENSAT ION, A RECEIVING 5
STATE MAY REQUIRE ADD ITIONAL INFORMATION FROM TEACHERS RECEIVING A 6
LICENSE UNDER THE PR OVISIONS OF THIS COMPACT. 7
D. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO LIMIT T HE 8
POWER OF A MEMBER STATE TO CONTROL AND MAINTAIN OWNERSHIP O F ITS 9
INFORMATION PERTAINI NG TO TEACHERS, OR LIMIT THE APPLICA TION OF A 10
MEMBER STATE’S LAWS OR REGULATION S GOVERNING THE OWNE RSHIP, USE, OR 11
DISSEMINATION OF INF ORMATION PERTA INING TO TEACHERS. 12
E. NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO INVALIDATE OR 13
ALTER ANY EXISTING A GREEMENT OR OTHER CO OPERATIVE ARRANGEMEN T THAT A 14
MEMBER STATE MAY ALREADY BE A PARTY TO, OR LIMIT THE ABILITY OF A MEMBER 15
STATE TO PARTICIPATE IN ANY FUTURE AGREEMENT OR O THER COOPERATIVE 16
ARRANGEMENT TO : 17
1. AWARD TEACHING LICENS ES OR OTHER BENEFITS BASED ON 18
ADDITIONAL PROFESSIO NAL CREDENTIALS , INCLUDING, BUT NOT LIMITED TO 19
NATIONAL BOARD CERTIFICATION; 20
2. PARTICIPATE IN THE EX CHANGE OF NAMES OF TEACHERS WHOSE 21
LICENSE HAS BEEN SUB JECT TO AN ADVERSE ACTION BY A MEMBER STATE; OR 22
3. PARTICIPATE IN ANY AG REEMENT OR COOPERATI VE 23
ARRANGEMENT WITH A N ON–MEMBER STATE. 24
ARTICLE V. TEACHER QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE 25
UNDER THE COMPACT. 26
A. EXCEPT AS PROVIDED FO R ACTIVE MILITARY MEMBERS OR ELIGIBLE 27
MILITARY SPOUSES IN ARTICLE III.D ABOVE, A TEACHER MAY ONLY BE E LIGIBLE 28
TO RECEIVE A LICENSE UNDER THIS COMPACT WHERE THAT TEACHER HOLDS AN 29
UNENCUMBERED LICENSE IN A MEMBER STATE. 30
B. A TEACHER ELIGIBLE TO RECEI VE A LICENSE UNDER T HIS COMPACT 31
SHALL, UNLESS OTHERWISE PRO VIDED FOR HEREIN : 32
10 HOUSE BILL 118
1. UPON THEIR APPLICATIO N TO RECEIVE A LICEN SE UNDER THIS 1
COMPACT, UNDERGO A CRIMINAL H ISTORY BACKGROUND CH ECK IN THE 2
RECEIVING STATE IN ACCORDANCE W ITH THE LAWS AND REGULATIO NS OF THE 3
RECEIVING STATE; AND 4
2. PROVIDE THE RECEIVING STATE WITH INFORMATIO N IN 5
ADDITION TO THE INFO RMATION REQUIRED FOR LICENSURE FOR THE PU RPOSES OF 6
DETERMINING COMPENSA TION, IF APPLICABLE. 7
ARTICLE VI. DISCIPLINE AND ADVERSE ACTIONS. 8
A. NOTHING IN THIS COMPACT SHALL BE DEEM ED OR CONSTRUED TO 9
LIMIT THE AUTHORITY OF A MEMBER STATE TO INVESTIGATE OR IMPOSE 10
DISCIPLINARY MEASURE S ON TEACHERS ACCORDING TO THE STATE PRACTICE 11
LAWS THEREOF . 12
B. MEMBER STATES SHALL BE AUTHO RIZED TO RECEIVE, AND SHALL 13
PROVIDE, FILES AND INFORMATIO N REGARDING THE INVE STIGATION AND 14
DISCIPLINE, IF ANY, OF TEACHERS IN OTHER MEMBER STATES UPON REQUEST . ANY 15
MEMBER STATE RECEIVING SUCH INFORMATION OR FILES SHALL PROTECT AND 16
MAINTAIN THE SECURIT Y AND CONFIDEN TIALITY THEREOF , IN AT LEAST THE SAME 17
MANNER THAT IT MAINT AINS ITS OWN INVESTI GATORY OR DISCIPLINA RY FILES AND 18
INFORMATION . PRIOR TO DISCLOSING A NY DISCIPLINARY OR I NVESTIGATORY 19
INFORMATION RECEIVED FROM ANOTHER MEMBER STATE, THE DISCLOSING STATE 20
SHALL COM MUNICATE ITS INTENTI ON AND PURPOSE FOR S UCH DISCLOSURE TO TH E 21
MEMBER STATE THAT ORIGINALLY PROVIDED THAT INFORM ATION. 22
ARTICLE VII. ESTABLISHMENT OF THE INTERSTATE TEACHER MOBILITY 23
COMPACT COMMISSION. 24
A. THE INTERSTATE COMPAC T MEMBER STATES HEREBY CREAT E AND 25
ESTABLISH A JOINT PU BLIC AGENCY KNOWN AS THE INTERSTATE TEACHER 26
MOBILITY COMPACT COMMISSION: 27
1. THE COMMISSION IS A JOINT INTERSTATE GOVERNMEN TAL 28
AGENCY COMPRISED OF STATES THAT HAVE ENAC TED THE INTERSTATE TEACHER 29
MOBILITY COMPACT. 30
2. NOTHING IN THIS INTERSTATE C OMPACT SHALL BE CONS TRUED 31
TO BE A WAIVER OF SO VEREIGN IMMUNITY . 32
B. MEMBERSHIP, VOTING, AND MEETINGS. 33
HOUSE BILL 118 11
1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1) 1
DELEGATE TO THE COMMISSION, WHO SHALL BE GIVEN T HE TITLE OF 2
COMMISSIONER. 3
2. THE COMMISSIONER SHALL BE THE PRIMARY ADMINIST RATIVE 4
OFFICER OF THE STATE LICENSING AUTHORITY OR THEIR DE SIGNEE. 5
3. ANY COMMISSIONER MAY BE R EMOVED OR SUSPENDED FROM 6
OFFICE AS PROVIDED B Y THE LAW OF THE STA TE FROM WHICH THE COMMISSIONER 7
IS APPOINTED. 8
4. THE MEMBER STATE SHALL FILL ANY VACANCY OCCURRING IN 9
THE COMMISSION WITHIN 90 DAYS. 10
5. EACH COMMISSIONER SHALL BE ENTITLED TO ONE (1) VOTE 11
ABOUT THE PROMULGATI ON OF RULES AND CREATION OF BYLAWS AND SHALL 12
OTHERWISE HAVE AN OP PORTUNITY TO PARTICI PATE IN THE BUSINESS AND 13
AFFAIRS OF THE COMMISSION. A COMMISSIONER SHALL VO TE IN PERSON OR BY 14
SUCH OTHER MEANS AS PROVIDED IN THE BYLAWS. THE BYLAWS MAY PROVIDE FO R 15
COMMISSIONERS ’ PARTICIPATION IN MEE TINGS BY TELEPHONE O R OTHER MEANS 16
OF COMMUNICATION . 17
6. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH 18
CALENDAR YEAR . ADDITIONAL MEETINGS S HALL BE HELD AS SET FORTH IN TH E 19
BYLAWS. 20
7. THE COMMISSION SHALL ESTA BLISH BY RULE A TERM OF OFFICE 21
FOR COMMISSIONERS . 22
C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES. 23
1. ESTABLISH A CODE OF ETHICS FOR THE COMMISSION. 24
2. ESTABLISH THE FISCAL YEAR OF THE COMMISSION. 25
3. ESTABLISH BYLAWS FOR THE COMMISSION. 26
4. MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE 27
BYLAWS OF THE COMMISSION. 28
5. MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE 29
PROVISIONS OF THIS I NTERSTATE COMPACT , THE BYLAWS, AND RULES OF THE 30
COMMISSION. 31 12 HOUSE BILL 118
6. PROMULGATE UNIFORM RULES TO IMPLEMENT AN D ADMINISTER 1
THIS INTERSTATE COMP ACT. THE RULES SHALL HAVE THE FORCE AND EFFECT OF 2
LAW AND SHALL BE BIN DING IN ALL MEMBER STATES. IN THE EVENT THE 3
COMMISSION EXERCISES ITS RULEMAKING AUT HORITY IN A MANNER T HAT IS 4
BEYOND THE SCOPE OF THE PURPOSES OF THE COMPACT, OR THE POWERS 5
GRANTED HEREUNDER , THEN SUCH AN ACTION BY THE COMMISSION SHALL BE 6
INVALID AND HAVE NO FORCE AND EFFECT OF LAW. 7
7. BRING AND PROSECUTE L EGAL PROCEEDINGS OR ACTIONS IN 8
THE NAME OF THE COMMISSION, PROVIDED THAT THE ST ANDING OF ANY MEMBER 9
STATE LICENSING AUTHORITY TO SUE OR B E SUED UNDER APPLICA BLE LAW MAY 10
NOT BE AFFECTED . 11
8. PURCHASE AND MAINTAIN INSURANCE AND BONDS . 12
9. BORROW, ACCEPT, OR CONTRACT FOR SERV ICES OF PERSONNEL , 13
INCLUDING, BUT NOT LIMITED TO , EMPLOYEES OF A MEMBER STATE, OR AN 14
ASSOCIATED NONGOVERN MENTAL ORGANIZATION THAT IS OPEN TO MEMB ERSHIP 15
BY ALL STATES. 16
10. HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX 17
COMPENSATION , DEFINE DUTIES , GRANT SUCH INDIVIDUA LS APPROPRIATE 18
AUTHORITY TO CARRY O UT THE PURPOSES OF T HE COMPACT , AND ESTABLISH THE 19
COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATIN G TO CONFLICTS OF 20
INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL 21
MATTERS. 22
11. LEASE, PURCHASE, ACCEPT APPROPRIATE G IFTS OR DONATIONS 23
OF, OR OTHERWISE OWN , HOLD, IMPROVE, OR USE, ANY PROPERTY , REAL, 24
PERSONAL OR MIXED , PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL 25
AVOID ANY APPEARANCE OF IMPROPRIETY . 26
12. SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE, 27
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY REAL , PERSONAL, OR MIXED. 28
13. ESTABLISH A BUDGET AN D MAKE EXPENDITURES . 29
14. BORROW MONEY . 30
15. APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES 31
COMPOSED OF MEMBERS AND SUCH OTHER INTER ESTED PERSONS AS MAY BE 32
DESIGNATED IN THIS I NTERSTATE COMPACT , RULES, OR BYLAWS. 33 HOUSE BILL 118 13
16. PROVIDE AND RECEIVE I NFORMATION FROM , AND COOPERATE 1
WITH, LAW ENFORCEMENT AGE NCIES. 2
17. ESTABLISH AND ELECT A N EXECUTIVE COMMITTEE. 3
18. ESTABLISH AND DEVELOP A CHARTER FOR AN EXECUTIVE 4
INFORMATION GOVERNANCE COMMITTEE TO ADVISE O N FACILITATING EXCHA NGE 5
OF INFORMATION , USE OF INFORMATION , DATA PRIVACY, AND TECHNICAL SUPPOR T 6
NEEDS, AND PROVIDE REPORTS AS NEEDED. 7
19. PERFORM SUCH OTHER FU NCTIONS AS MAY BE NE CESSARY OR 8
APPROPRIATE TO ACHIE VE THE PURPOSES OF T HIS INTERSTATE COMPA CT 9
CONSISTENT WITH THE STATE REGULATION OF TEACHER LICENSURE . 10
20. DETERMINE WHETHER A STATE’S ADOPTED LANGUAGE IS 11
MATERIALLY DIFFERENT FROM THE MODEL COMPA CT LANGUAGE SUCH THA T THE 12
STATE WOULD NOT QUALI FY FOR PARTICIPATION IN THE COMPACT. 13
D. THE EXECUTIVE COMMITTEE OF THE INTERSTATE TEACHER MOBILITY 14
COMPACT COMMISSION. 15
1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON 16
BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS INTERSTATE 17
COMPACT. 18
2. THE EXECUTIVE COMMITTEE SHALL BE CO MPOSED OF EIGHT 19
VOTING MEMBERS : 20
A. THE COMMISSION CHAIR , VICE CHAIR, AND TREAS URER; 21
AND 22
B. FIVE MEMBERS WHO ARE ELECTED BY THE COMMISSION 23
FROM THE CURRENT MEM BERSHIP: 24
I. FOUR VOTING MEMBERS R EPRESENTING 25
GEOGRAPHIC REGIONS I N ACCORDANCE WITH COMMISSION RULES; AND 26
II. ONE AT LARGE VOTING M EMBER IN ACCORDANCE 27
WITH COMMISSION RULES. 28
3. THE COMMISSION MAY ADD OR REMOVE MEMBERS OF TH E 29
EXECUTIVE COMMITTEE AS PROVIDED IN COMMISSION RULES. 30 14 HOUSE BILL 118
4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ONCE 1
ANNUALLY. 2
5. THE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING 3
DUTIES AND R ESPONSIBILITIES: 4
A. RECOMMEND TO THE ENTI RE COMMISSION CHANGES TO 5
THE RULES OR BYLAWS, CHANGES TO THE COMPA CT LEGISLATION , FEES PAID BY 6
INTERSTATE COMPACT MEMBER STATES SUCH AS ANNUAL DUES, AND ANY 7
COMPACT FEE CHARGED BY THE MEMBER STATES ON BEHALF OF THE COMMISSION. 8
B. ENSURE COMMISSION ADMINISTRA TION SERVICES ARE 9
APPROPRIATELY PROVID ED, CONTRACTUAL OR OTHER WISE. 10
C. PREPARE AND RECOMMEND THE BUDGET. 11
D. MAINTAIN FINANCIAL RE CORDS ON BEHALF OF T HE 12
COMMISSION. 13
E. MONITOR COMPLIANCE OF MEMBER STATES AND PROVIDE 14
REPORTS TO THE COMMISSION. 15
F. PERFORM OTHER DUTIES AS PROVIDED IN RULES OR 16
BYLAWS. 17
6. MEETINGS OF THE COMMISSION. 18
A. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC , AND 19
PUBLIC NOTICE OF MEE TINGS SHALL BE GIVEN IN ACCORDAN CE WITH COMMISSION 20
BYLAWS. 21
B. THE COMMISSION OR THE EXECUTIVE COMMITTEE OR 22
OTHER COMMITTEES OF THE COMMISSION MAY CONVEN E IN A CLOSED , 23
NON–PUBLIC MEETING IF TH E COMMISSION OR EXECUTIVE COMMITTEE OR OTHER 24
COMMITTEES OF THE COMMISSION MUST DISCUSS : 25
I. NONCOMPLIANCE OF A MEMBER STATE WITH ITS 26
OBLIGATIONS UNDER TH E COMPACT. 27
II. THE EMPLOYMENT , COMPENSATION , DISCIPLINE OR 28
OTHER MATTERS , PRACTICES OR PROCEDU RES RELATED TO SPECI FIC EMPLOYEES 29 HOUSE BILL 118 15
OR OTHER MATTERS REL ATED TO THE COMMISSION’S INTERNAL PERSONNEL 1
PRACTICES AND PROCED URES. 2
III. CURRENT, THREATENED , OR REASONABLY 3
ANTICIPATED LITIGATI ON. 4
IV. NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , 5
LEASE, OR SALE OF GOODS , SERVICES, OR REAL ESTATE . 6
V. ACCUSING ANY PERS ON OF A CRIME OR FOR MALLY 7
CENSURING ANY PERSON . 8
VI. DISCLOSURE OF TRADE S ECRETS OR COMMERCIAL 9
OR FINANCIAL INFORMA TION THAT IS PRIVILE GED OR CONFIDENTIAL . 10
VII. DISCLOSURE OF INFORMA TION OF A PERSONAL 11
NATURE WHERE DISCLOS URE WOULD CONSTITUTE A CLEARLY UNWARRANTED 12
INVASION OF PERSONAL PRIVACY. 13
VIII. DISCLOSURE OF INVESTI GATIVE RECORDS COMPI LED 14
FOR LAW ENFORCEMENT PURPOSES. 15
IX. DISCLOSURE OF INFORMA TION RELATED TO ANY 16
INVESTIGATIVE REPORT S PREPARED BY OR ON BEHALF OF OR FOR USE OF THE 17
COMMISSION OR OTHER C OMMITTEE CHARGED WIT H RESPONSIBILITY OF 18
INVESTIGATION OR DET ERMINATION OF COMPLI ANCE ISSUES PURSUANT TO THE 19
COMPACT. 20
X. MATTERS SPECIFICALLY EXEMPTED FROM 21
DISCLOSURE BY FEDERA L OR MEMBER STATE STATUTE. 22
XI. OTHER MATTERS AS SET FORTH BY COMMISSION 23
BYLAWS AND RULES. 24
C. IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED 25
PURSUANT TO THIS PRO VISION, THE COMMISSION’S LEGAL COUNSEL OR DESIGN EE 26
SHALL CERTIFY THAT T HE MEETING MAY BE CL OSED AND SHALL REFER ENCE EACH 27
RELEVANT EXEMPTING P ROVISION. 28
D. THE COMMISSION SHALL KEEP MINUTES OF COMMISSION 29
MEETINGS AND SHALL P ROVIDE A FULL AND AC CURATE SUMMARY OF AC TIONS 30
TAKEN, AND THE REASONS THER EFOR, INCLUDING A DESCRIPT ION OF THE VIEWS 31
EXPRESSED. ALL DOCUMENTS CONSIDE RED IN CONNECTION WI TH AN ACTION 32 16 HOUSE BILL 118
SHALL BE IDENTIFIED IN SUCH MINUTES. ALL MINUTES AND DOCUM ENTS OF A 1
CLOSED MEETING SHALL REMAIN UNDER SEAL , SUBJECT TO RELEASE B Y A 2
MAJORITY VOTE OF THE COMMISSION OR ORDER O F A COURT OF COMPETE NT 3
JURISDICTION. 4
7. FINANCING OF THE COMMISSION. 5
A. THE COMMISSION SHALL PAY , OR PROVIDE FOR THE 6
PAYMENT OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION , 7
AND ONGOING ACTIVITI ES. 8
B. THE COMMISSION MAY ACCEPT ALL APPROPRIATE 9
DONATIONS AND GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERIALS, AND 10
SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE S AME, PROVIDED THAT AT 11
ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROPRIETY OR 12
CONFLICT OF INTEREST . 13
C. THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL 14
ASSESSMENT FROM EACH MEMBER STATE OR IMPOSE FEES ON OTHER P ARTIES TO 15
COVER THE COST OF TH E OPERATIONS AND ACT IVITIES OF THE COMMISSION, IN 16
ACCORDANCE WITH THE COMMISSION RULES. 17
D. THE COMMISSION MAY NOT IN CUR OBLIGATIONS OF A NY 18
KIND PRIOR TO SECURI NG THE FUNDS ADEQUAT E TO MEET THE SAME ; NOR SHALL 19
THE COMMISSION PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES, EXCEPT 20
BY AND WITH THE AUTH ORITY OF THE MEMBER STATE. 21
E. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF 22
ALL RECEIPTS AND DIS BURSEMENTS . THE RECEIPTS AND DISB URSEMENTS OF THE 23
COMMISSION SHALL BE SUBJECT TO ACCOUNTING PROCED URES ESTABLISHED 24
UNDER COMMISSION BYLAWS. ALL RECEIPTS AND DISB URSEMENTS OF FUNDS O F 25
THE COMMISSION SHALL BE R EVIEWED ANNUALLY IN ACCORDANCE WITH 26
COMMISSION BYLAWS, AND A REPORT OF THE REVIEW SHALL BE INCL UDED IN AND 27
BECOME PART OF THE A NNUAL REPORT OF THE COMMISSION. 28
8. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION . 29
A. THE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR , 30
EMPLOYEES AND REPRES ENTATIVES OF THE COMMISSION SHALL BE I MMUNE FROM 31
SUIT AND LIABILITY , EITHER PERSONALLY OR IN T HEIR OFFICIAL CAPACI TY, FOR 32
ANY CLAIM FOR DAMAGE TO OR LOSS OF PROPER TY OR PERSONAL INJUR Y OR 33
OTHER CIVIL LIABILIT Y CAUSED BY OR ARISI NG OUT OF ANY ACTUAL OR ALLEGED 34
ACT, ERROR OR OMISSION TH AT OCCURRED , OR THAT THE PERSON A GAINST WHOM 35 HOUSE BILL 118 17
THE CLAIM IS MADE HA D A REASONABLE BASIS FOR BELIEVING OCCURR ED WITHIN 1
THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES OR RESPONSIBI LITIES; 2
PROVIDED THAT NOTHIN G IN THIS PARAGRAPH SHALL BE CONSTRUED T O PROTECT 3
ANY SUCH PERSON FROM SUIT OR LIABILITY FO R ANY DAMA GE, LOSS, INJURY, OR 4
LIABILITY CAUSED BY THE INTENTIONAL OR W ILLFUL OR WANTON MIS CONDUCT OF 5
THAT PERSON . 6
B. THE COMMISSION SHALL DEFE ND ANY MEMBER , OFFICER, 7
EXECUTIVE DIRECTOR , EMPLOYEE, OR REPRESENTATIVE OF THE COMMISSION IN 8
ANY CIVIL ACTION SEE KING TO IMPOSE LIABI LITY ARISING OUT OF ANY ACTUAL OR 9
ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF 10
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR THAT THE PERSON 11
AGAINST WHOM THE CLA IM IS MADE HAD A REA SONABLE BASIS FOR BE LIEVING 12
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR 13
RESPONSIBILITIES ; PROVIDED THAT NOTHIN G HEREIN SHALL BE CONSTRUED TO 14
PROHIBIT THAT PERSON FROM RETAINING HIS O R HER OWN COUNSEL ; AND 15
PROVIDED FURTHER , THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION 16
DID NOT RESULT FROM THAT PERSON ’S INTENTIONAL OR WIL LFUL OR WANTON 17
MISCONDUCT . 18
C. THE COMMISSION SHAL L INDEMNIFY AND HOLD HARMLESS 19
ANY MEMBER , OFFICER, EXECUTIVE DIRECTOR , EMPLOYEE, OR REPRESENTATIVE 20
OF THE COMMISSION FOR THE AM OUNT OF ANY SETTLEME NT OR JUDGMENT 21
OBTAINED AGAINST THA T PERSON ARISING OUT OF ANY ACTUAL OR ALL EGED ACT, 22
ERROR OR OMISSION TH AT OCCURRED WITHIN THE SCOPE OF COMMISSION 23
EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR THAT SUCH PERSON HAD A 24
REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF 25
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , PROVIDED THAT THE 26
ACTUAL OR ALLEGED A CT, ERROR, OR OMISSION DID NOT RESULT FROM THE 27
INTENTIONAL OR WILLF UL OR WANTON MISCOND UCT OF THAT PERSON . 28
ARTICLE VIII. RULEMAKING . 29
A. THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS 30
PURSUANT TO THE CRIT ERIA SET FORTH IN TH IS INTERSTATE COMPAC T AND THE 31
RULES ADOPTED THEREUN DER. RULES AND AMENDMENTS SHALL BECOME 32
BINDING AS OF THE DA TE SPECIFIED IN EACH RULE OR AMENDMENT . 33
B. THE COMMISSION SHALL PROM ULGATE REASONABLE RULES TO 34
ACHIEVE THE INTENT A ND PURPOSE OF THIS I NTERSTATE COMPACT . IN THE EVENT 35
THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A MANNER THAT IS 36
BEYOND PURPOSE AND I NTENT OF THIS INTERS TATE COMPACT , OR THE POWERS 37 18 HOUSE BILL 118
GRANTED HEREUNDER , THEN SUCH AN ACTION BY THE COMMISSION SHALL BE 1
INVALID AND HAVE NO FORCE AND EFFECT OF LAW IN THE MEMBER STATES. 2
C. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES 3
REJECTS A RULE, BY ENACTMENT OF A ST ATUTE OR RESOLUTION IN THE SAME 4
MANNER USED TO ADOPT THE COMPACT WITHIN F OUR (4) YEARS OF THE DATE OF 5
ADOPTION OF THE RULE, THEN SUCH RULE SHALL HAVE NO FURTHER FORC E AND 6
EFFECT IN ANY MEMBER STATE. 7
D. RULES OR AMENDMENTS T O THE RULES SHALL BE ADOPTE D OR 8
RATIFIED AT A REGULA R OR SPECIAL MEETING OF THE COMMISSION IN 9
ACCORDANCE WITH COMMISSION RULES AND BYLAWS. 10
E. UPON DETERMINATION TH AT AN EME RGENCY EXISTS , THE 11
COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITH 48 HOURS’ 12
NOTICE, WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE US UAL 13
RULEMAKING PROCEDURES SHALL BE RETROACTIVE LY APPLIED TO THE RULE AS 14
SOON AS REASONABLY P OSSIBLE, IN NO EVENT LATER THAN NINETY (90) DAYS 15
AFTER THE EFFECTIVE DATE OF THE RULE. FOR THE PURPOSES OF T HIS 16
PROVISION, AN EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATE LY 17
IN ORDER TO: 18
1. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR 19
WELFARE; 20
2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS; 21
3. MEET A DEADLINE FOR T HE PROMULGATION OF A N 22
ADMINISTRATIVE RULE THAT IS ESTABLIS HED BY FEDERAL LAW O R RULE; OR 23
4. PROTECT PUBLIC HEALTH AND SAFETY. 24
ARTICLE IX. FACILITATING INFORMATION EXCHANGE. 25
A. THE COMMISSION SHALL PROV IDE FOR FACILITATING THE EXCHANGE 26
OF INFORMATION TO AD MINISTER AND IMPLEME NT THE PROVISIONS OF THIS 27
COMPACT IN ACCORDANC E WITH THE RULES OF THE COMMISSION, CONSISTENT 28
WITH GENERALLY ACCEP TED DATA PROTECTION PRINCIPLES. 29
B. NOTHING IN THIS COMPACT S HALL BE DEEMED OR CO NSTRUED TO 30
ALTER, LIMIT, OR INHIBIT THE POWER OF A MEMBER STATE TO CONTROL AND 31
MAINTAIN OWNERSHIP O F ITS LICENSEE INFOR MATION OR ALTER , LIMIT, OR 32 HOUSE BILL 118 19
INHIBIT THE LAWS OR REGULATIONS GOVERNIN G LICENSEE INFORMATI ON IN THE 1
MEMBER STATE. 2
ARTICLE X. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT . 3
A. OVERSIGHT. 4
1. THE EXECUTIVE AND JUD ICIAL BRANCHES OF STATE 5
GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE T HIS COMPACT AND TAKE 6
ALL ACTIONS NECESSAR Y AND APPROPRIATE TO EFFECTUATE THE COMPACT’S 7
PURPOSES AND INTENT . THE PROVISIONS OF THI S COMPACT SHALL HAVE 8
STANDING AS STATUTOR Y LAW. 9
2. VENUE IS PROPER AND J UDICIAL PROCEEDINGS BY OR AGAINST 10
THE COMMISSION SHALL BE B ROUGHT SOLELY AND EX CLUSIVELY IN A COURT OF 11
COMPETENT JUR ISDICTION WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS 12
LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTI ONAL DEFENSES 13
TO THE EXTENT IT ADO PTS OR CONSENTS TO P ARTICIPATE IN ALTERN ATIVE 14
DISPUTE RESOLUTION P ROCEEDINGS . NOTHING HEREIN SHALL AFFECT OR L IMIT 15
THE SELECTION OR PRO PRIETY OF VENUE IN A NY ACTION AGAINST A LICENSEE FOR 16
PROFESSIONAL MALPRAC TICE, MISCONDUCT OR ANY SU CH SIMILAR MATTER . 17
3. ALL COURTS AND ALL AD MINISTRATIVE AGENCIE S SHALL TAKE 18
JUDICIAL NOTICE OF T HE COMPACT, THE RULES OF THE COMMISSION, AND ANY 19
INFORMATION PROVIDED TO A MEMBER STATE PURSUANT THERET O IN ANY 20
JUDICIAL OR QUASI –JUDICIAL PROCEEDING IN A MEMBER STATE PERTAINING TO 21
THE SUBJECT MATTER O F THIS COMPACT, OR WHICH MAY AFFECT THE POWERS , 22
RESPONSIBILITIES , OR ACTIONS OF THE COMMISSION. 23
4. THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF 24
PROCESS IN ANY PROCE EDING REGARDING THE ENFORCEMENT OR 25
INTERPRETATION OF TH E COMPACT AND SHALL HAV E STANDING TO INTERV ENE IN 26
SUCH A PROCEEDING FO R ALL PURPOSES . FAILURE TO PROVIDE TH E COMMISSION 27
SERVICE OF PROCESS S HALL RENDER A JUDGME NT OR ORDER VOID AS TO THE 28
COMMISSION, THIS COMPACT, OR PROMULGATED RULES. 29
B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. 30
1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 31
DEFAULTED IN THE PERFORMANCE OF ITS O BLIGATIONS OR RESPON SIBILITIES 32
UNDER THIS COMPACT OR THE PROMUL GATED RULES, THE COMMISSION SHALL : 33
20 HOUSE BILL 118
A. PROVIDE WRITTEN NOTIC E TO THE DEFAULTING STATE 1
AND OTHER MEMBER STATES OF THE NATURE OF THE DEFAULT , THE PROPOSED 2
MEANS OF CURING THE DEFAULT OR ANY O THER ACTION TO BE TA KEN BY THE 3
COMMISSION; AND 4
B. PROVIDE REMEDIAL TRAI NING AND SPECIFIC TE CHNICAL 5
ASSISTANCE REGARDING THE DEFAULT . 6
C. IF A STATE IN DEFAULT FAIL S TO CURE THE DEFAUL T, THE DEFAULTING 7
STATE MAY BE TERMINAT ED FROM THE COMPACT UPON AN AFFIR MATIVE VOTE OF 8
A MAJORITY OF THE COMMISSIONERS OF THE MEMBER STATES, AND ALL RIGHTS , 9
PRIVILEGES AND BENEF ITS CONFERRED ON THA T STATE BY THIS COMPACT MAY BE 10
TERMINATED ON THE EF FECTIVE DATE OF TERM INATION. A CURE OF THE DEFAULT 11
DOES NOT RELIEVE THE OFFENDING STATE OF OBLIGATIONS OR LIABILITIES 12
INCURRED DURING THE PERIOD OF DEFAULT . 13
D. TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE IMPO SED 14
ONLY AFTER ALL OTHER MEANS OF SECURING CO MPLIANCE HAVE BEEN 15
EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY 16
THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MIN ORITY LEADERS OF 17
THE DEFAULTING STATE’S LEGISLATURE , THE STATE LICENSING AUTHORITY AND 18
EACH OF THE MEMBER STATES. 19
E. A STATE THAT HAS BEEN T ERMINATED IS RESPONS IBLE FOR ALL 20
ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE 21
EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND 22
BEYOND THE EFFECTIVE DATE OF TERMINATION . 23
F. THE COMMISSION MAY NOT B EAR ANY COSTS RELATE D TO A STATE 24
THAT IS FOUND TO BE IN DEFAULT OR THAT H AS BEEN TERMINATED F ROM THE 25
COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN TH E COMMISSION AND THE 26
DEFAULTING STATE. 27
G. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE 28
COMMISSION BY PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF 29
COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS ITS 30
PRINCIPAL OFFICES . THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF 31
SUCH LITIGATION , INCLUDING REASONABLE ATTORNEY’S FEES. 32
H. DISPUTE RESOLUTION. 33
HOUSE BILL 118 21
1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL 1
ATTEMPT TO RESOLVE D ISPUTES RELATED TO T HE COMPACT THAT ARISE AM ONG 2
MEMBER STATES AND BETWEEN MEMBER AND NON –MEMBER STATES. 3
2. THE COMMISSION SHALL PROM ULGATE A RULE PROVIDING FOR 4
BOTH BINDING AND NON –BINDING ALTERNATIVE DISPUTE RESOLUTION F OR 5
DISPUTES AS APPROPRI ATE. 6
I. ENFORCEMENT . 7
1. THE COMMISSION, IN THE REASONABLE EX ERCISE OF ITS 8
DISCRETION, SHALL ENFORCE THE PR OVISIONS AND RULES OF THIS COMPACT. 9
2. BY MAJORITY V OTE, THE COMMISSION MAY INITIA TE LEGAL 10
ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 11
OR THE FEDERAL DISTR ICT WHERE THE COMMISSION HAS ITS PR INCIPAL OFFICES 12
AGAINST A MEMBER STATE IN DEFAULT TO E NFORCE COMPLIANCE WI TH THE 13
PROVISIONS OF THE COMPACT AND ITS PROMU LGATED RULES AND BYLAWS. THE 14
RELIEF SOUGHT MAY IN CLUDE BOTH INJUNCTIV E RELIEF AND DAMAGES . IN THE 15
EVENT JUDICIAL ENFOR CEMENT IS NECESSARY , THE PREVAILING PARTY SHALL BE 16
AWARDED ALL COSTS OF SUCH LITIGATION , INCLUDING REASONABL E ATTORNEY’S 17
FEES. THE REMEDIES HEREIN M AY NOT BE THE EXCLUS IVE REMEDIES OF THE 18
COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES A VAILABLE 19
UNDER FEDERAL OR STATE LAW. 20
ARTICLE XI. EFFECTUATION , WITHDRAWAL, AND AMENDMENT . 21
A. THE COMPACT SHALL COM E INTO EFFECT ON THE DATE ON WHICH THE 22
COMPACT STATUTE IS EN ACTED INTO LAW IN TH E TENTH MEMBER STATE. 23
1. ON OR AFTER THE EFFEC TIVE DATE OF THE COMPACT, THE 24
COMMISSION SHALL CONV ENE AND REVIEW THE E NACTMENT OF EACH OF THE 25
CHARTER MEMBER STATES TO DETERM INE IF THE STATUTE E NACTED BY EACH 26
SUCH CHARTER MEMBER STATE IS MATERIALLY D IFFERENT FROM THE MO DEL 27
COMPACT STATUTE . 28
2. A CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND TO BE 29
MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE SHALL BE 30
ENTITLED TO THE D EFAULT PROCESS SET F ORTH IN ARTICLE X. 31
3. MEMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE 32
CHARTER MEMBER STATES SHALL BE SUBJE CT TO THE PROCESS SE T FORTH IN 33
ARTICLE VII.C.20 TO DETERMINE IF THEI R ENACTMENTS ARE MAT ERIALLY 34 22 HOUSE BILL 118
DIFFERENT FROM THE M ODEL COMPACT STATUTE AND W HETHER THEY QUALIFY 1
FOR PARTICIPATION IN THE COMPACT. 2
B. IF ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT , OR IS 3
TERMINATED OR WITHDR AWS FROM THE COMPACT, THE COMMISSION SHALL 4
REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT EVEN IF TH E 5
NUMBER OF MEMBER STATES SHOULD BE LESS THAN TEN. 6
C. ANY STATE THAT JOINS THE COMPACT AFTER THE COMMISSION’S 7
INITIAL ADOPTION OF THE RULES AND BYLAWS SHALL BE SUBJE CT TO THE RULES 8
AND BYLAWS AS THEY EXIST ON THE DATE ON WHICH THE COMPACT BECOMES LAW 9
IN THAT STATE. ANY RULE THAT HAS BEEN PR EVIOUSLY ADOPTED BY THE 10
COMMISSION SHALL HAVE THE FULL FORCE AND E FFECT OF LAW ON THE DAY THE 11
COMPACT BECOMES LAW I N THAT STATE, AS THE RULES AND BYLAWS MAY BE 12
AMENDED AS PROVID ED IN THIS COMPACT. 13
D. ANY MEMBER STATE MAY WITHDRAW FR OM THIS COMPACT BY 14
ENACTING A STATUTE R EPEALING THE SAME . 15
1. A MEMBER STATE’S WITHDRAWAL MAY NOT TAKE EFFECT UNTIL 16
SIX (6) MONTHS AFTER ENACTME NT OF THE REPEALING STATUTE. 17
2. WITHDRAWAL MAY NOT AFFECT THE CONTI NUING REQUIREMENT 18
OF THE WITHDRAWING STATE’S LICENSING AUTHORITY TO COMPLY W ITH THE 19
INVESTIGATIVE AND ADVERSE ACTION REPORTING REQU IREMENTS OF THIS ACT 20
PRIOR TO THE EFFECTI VE DATE OF WITHDRAWA L. 21
E. THIS COMPACT MAY BE AMENDE D BY THE MEMBER STATES. NO 22
AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDIN G UPON 23
ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS O F ALL MEMBER STATES. 24
ARTICLE XII. CONSTRUCTION AND SEVERABILITY. 25
THIS COMPACT SHALL BE LIBE RALLY CONSTRUED TO E FFECTUATE THE 26
PURPOSES THEREOF . THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE 27
AND IF ANY PHRASE , CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS 28
DECLARED TO BE CONTR ARY TO THE CONSTITUT ION OF ANY MEMBER STATE OR A 29
STATE SEEKING MEMBERS HIP IN THE COMPACT , OR OF THE UNITED STATES OR THE 30
APPLICABILITY THEREO F TO ANY OTHER GOVER NMENT, AGENCY, PERSON OR 31
CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF THE REMAINDER OF THIS 32
COMPACT AND THE APPLI CABILITY THEREOF TO ANY GOVERNMENT , AGENCY, 33
PERSON, OR CIRCUMSTANCE MAY NOT BE AFFECTED THER EBY. IF THIS COMPACT 34
SHALL BE HELD CONTRA RY TO THE CONSTITUTI ON OF ANY MEMBER STATE, THE 35 HOUSE BILL 118 23
COMPACT SHALL REMAIN IN FULL FORCE AND EF FECT AS TO THE REMAI NING 1
MEMBER STATES AND IN FULL FO RCE AND EFFECT AS TO THE MEMBER STATE 2
AFFECTED AS TO ALL SEVERABLE MATTER S. 3
ARTICLE XIII. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. 4
A. NOTHING HEREIN SHALL PREVENT OR INHIBIT T HE ENFORCEMENT OF 5
ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INC ONSISTENT WITH THE 6
COMPACT. 7
B. ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL 8
REQUIREMENTS IN A MEMBER STATE IN CONFLICT WIT H THE COMPACT ARE 9
SUPERSEDED TO THE EX TENT OF THE CONFLICT . 10
C. ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE 11
MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEI R TERMS. 12
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is contingent on the 13
enactment of substantially similar legislation in 10 other states. The State Department of 14
Education shall notify the Department of Legislative Services within 10 days after 10 states 15
have enacted legislation that is substantially similar to this Act. 16
SECTION 4. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this 17
Act, this Act shall take effect October 1, 2025. 18