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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 361 By: Pugh
AS INTRODUCED
An Act relating to teachers; creating the Interstate
Teacher Mobility Compact Act; provi ding short title;
providing purpose; defining terms ; providing
applicability; requiring compact member states to
compile and update list of certain licenses;
providing for the granting of certain licensure or
certification; providing certain construction;
allowing a member state to make certain requirement s;
providing process for certain teacher to receive a
license or certification; authorizing member states
to provide certain information; providing for
creation of the Interstate Teacher Mobility Compact
Commission; providing for membership; providing
frequency of meetings; providing for terms of office;
providing for powers and duties; providing for an
executive committee of the Commission; providing for
membership; providing for frequency of meetings;
providing powers and duties; providing for payment o f
certain expenses; allowing the Commission to collect
certain annual assessment or impose fees; providing
immunity from liability for certain individuals
associated with the Commission; providing for defens e
against certain civil actions; providing for
promulgation of Commission rules; providing for
enforcement of the compact; directing the Commission
to take certain actions upon determination of default
of a member state; providing for enactment o f
compact; providing for severability; providing for
codification; providing an effective date; and
declaring an emergency .
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 6-190.3 of Title 70, unless
there is created a duplication in numb ering, reads as follows:
A. This act shall be known and may be cited as the “Interstate
Teacher Mobility Compact Act ”. The purpose of the Inter state
Teacher Mobility Compact shall be to facilitate the mobility of
teachers through a collective regulatory framework amongst member
states to expedite and enhance the ability of teachers to mov e
across state lines.
B. As used in this act:
1. “Active military member” means any person with full-time
duty status in the uniformed service of the United States including
members of the National Guard and Reserve;
2. “Adverse action” means any limitation or restriction imposed
by a member state’s licensing authority, such as revocation,
suspension, reprimand, probation, or limitation on the licensee ’s
ability to work as a teacher;
3. “Bylaws” means those bylaws established by the Commission;
4. “Career and technical education license ” means a current,
valid authorization issued by a member state’s licensing authority
allowing an individual to serve as a teacher in a pre -kindergarten
through twelfth grade public educational setting in a specific
career and technical education area;
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5. “Charter member state ” means a member state that has enacted
legislation to adopt the compact and enactment predates the initial
meeting of the Commission after the effectiv e date of the compact ;
6. “Commission” means the Interstate Teacher Mobility Compact
Commission, an interstate administrative body whose membership
consists of delegates of all states that have enacted the Interstate
Teacher Mobility Compact;
7. “Commissioner” means the delegate of a member state that has
adopted the Interstate Teacher Mobility Compact;
8. “Eligible license” means a license or certification to
engage in the teaching pr ofession which requires at least a
bachelor’s degree and the completio n of a state-approved program for
teacher certification;
9. “Eligible military spouse ” means the spouse of any
individual in full-time duty status in the active uniformed service
of the United States including members of th e National Guard and
Reserve on active duty moving as a result of a military mission or
military career progression requirements or moving as a result of
separation or retirement. Eligib le military spouse includes
surviving spouses of deceased military me mbers;
10. “Executive committee” means a group of commissioners
elected or appointed on behalf of and within the powers gra nted to
them by the Commission as provided for herein;
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11. “Licensing authority” means an official agency , board, or
other entity of a state that is responsible fo r the licensing or
certification and regulation of teachers authorized to teach in pre -
kindergarten through twe lfth grade public educational settings;
12. “Member state” means any state that has ad opted the
Interstate Teacher Mobility Compa ct including all agencies and
officials of the state;
13. “Receiving state” means any state in which a teacher has
applied for certification pursuant to the Interstate T eacher
Mobility Compact;
14. “Rule” means any regulation promulgated by the Commission
under the Interstate Teacher Mobility Compact , which shall have the
force of law in each member state;
15. “State practice laws” means a member state’s laws, rules,
and regulations that govern the teaching prof ession, define the
scope of the teaching profession, and c reate methods and grounds for
imposing discipline;
16. “State specific requirements ” means a requirement for
teacher certification covered in coursework or exami nation that
includes the content of unique interest to the state;
17. “Teacher” means an individual who currently holds an
authorization from a member state that forms the basis for
employment in the pre -kindergarten through twelfth grade public
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educational settings of the state to provide instruction in a
specific subject area, grade level, or st udent population; and
18. “Unencumbered license” means a current, valid authorization
issued by a member state ’s licensing authority allowing an
individual to serve as a teacher in a pre -kindergarten through
twelfth grade public educational setting. An u nencumbered license
is not a restricted, probationary, provisiona l, substitute,
emergency, or temporary credent ial.
C. 1. Licensure pursuant to the Interstate Teacher Mobility
Compact shall pertain only to the initial grant of a license or
certificate by the receiving state. No thing herein shall apply to
any subsequent or ongoing compliance requirements that a r eceiving
state may require for teachers.
2. Each member state shall, in accordance with the rules of the
Commission, define, compile, and update as necessary a list of
eligible licenses and career and technical education licenses that
the member state is willing to consider for equivalency pu rsuant to
the Interstate Teacher Mobility Compact and provide a list to the
Commission. The list shall include those licenses that a receiving
state is willing to grant to teachers from other member states,
pending a determination of equivalency by the rec eiving state’s
licensing authority.
3. Upon receipt of an application for licensur e or
certification by a teacher holding an unencumbered eligible license,
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the receiving state shall determine which of the receiving s tate’s
eligible licenses the teacher is qualified to hold and shall grant
the license(s) or certification(s) to the applicant. The
determination shall be made in the sole discretion of the receiving
state’s licensing authority and may include a determinat ion that the
applicant is not eligible for any of the receiving state’s eligible
licenses. For all teachers who hold an u nencumbered license, th e
receiving state shall grant one or m ore unencumbered licenses that,
in the receiving state’s sole discretion, are equivalent to the
license(s) held by the teacher in any other member state.
4. For active military members and eligi ble military spouses
who hold a license or cert ification that is not unencumbered, the
receiving state shall grant an equivalent licen se or licenses that,
in the receiving state’s sole discretion, are equivalent to the
license or licenses h eld by the teacher in any other member s tate,
except where the receiving state does not have an equivalent license
or certification.
5. For a teacher holding an unencumbered career and tech nical
education license, the receiving stat e shall grant an unencumbered
license equivalent to the career and technical education license
held by the applying teacher and issued by another member state, as
determined by the receiving state in its sole disc retion, except
where a career and technica l education teacher does not hold a
bachelor’s degree and the receiving state requires a bachelor ’s
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degree for licenses to teach career and technical education. A
receiving state may require career and technical e ducation teachers
to meet state industry recognized requirements, if required by law
in the receiving stat e.
D. 1. Except as provided for in subsection C of this s ection,
nothing in the Interstate Teacher Mobility Compact shall be
construed to limit or i nhibit the authority of a member state to
regulate licensure or endorsements overse en by a member state’s
licensing authority.
2. When a teacher is required to renew a license or
certification pursuant to the Interstate Teacher Mobility Compact ,
the state granting the license or certification may require the
teacher to complete state specific requirements as a condition of
license or certification renewal or advancement in that state.
3. For the purposes of determining compensation, a receiving
state may require additional information from teachers receiving a
license or certification p ursuant to the provisio ns of the
Interstate Teacher Mobility Compact .
4. Nothing in the Interstate Teacher Mobility Compact shall be
construed to limit the power of a membe r state to control and
maintain ownership of its information pertaining to teachers or
limit the application of a member state’s laws or regulations
governing the ownership, use, or dissemination of in formation
pertaining to teachers.
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5. Nothing in the Interstate Teacher Mobility Compact shall be
construed to invalidate or alter any exi sting agreement or another
cooperative arrangement of which a member state may already be a
party or limit the ability of a member st ate to participate in any
future agreement or other cooperative arrangement to:
a. award teaching license s, certification, or other
benefits based on additional professional credentials
including but not limited to a National Board
Certification,
b. participate in the exchange of names o f teachers whose
license or certification has been subject to an
adverse action by a member state, or
c. participate in any agreement or cooperative
arrangement with a non -member state.
E. 1. Except as provided for active military members or
eligible military spouses in paragraph 4 of subsection C of this
section, a teacher may onl y be eligible to receive a license or
certification pursuant to the Interstate Teacher Mobility Compact
where that teacher holds an unencumbered license or certification in
a member state.
2. A teacher eligible to receive a license or certification
pursuant to the Interstate Teacher Mobility Compact shall, unless
otherwise provided for herein:
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a. upon his or her application to receive a license or
certification pursuant to the Interstate Teacher
Mobility Compact, undergo a criminal background check
in the receiving state in accordance with the laws and
regulations of the receiving state, and
b. provide the receiving state with information in
addition to the information required for licensure or
certification for the purposes of determining
compensation, if applicable.
F. 1. Nothing in the Interstate Teacher Mobility Compact shall
be deemed or construed to limit the authority of a member state to
investigate or impose disciplinary measures on teach ers according to
the state’s practice laws.
2. Member states shall be auth orized to receive and shall
provide files and information regarding the investigation and
discipline, if any, of teachers in other member states upon request.
Any member state rece iving information or files shall protect and
maintain the security and conf identiality thereof in at least the
same manner that it maintains i ts own investigatory or disciplinary
files and information. Pr ior to disclosing any disciplinary or
investigatory information received from another member state, the
disclosing state shall communicate its intention and purpose fo r
disclosure to the member state which originally provided the
information.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-190.4 of Title 70, unless
there is created a duplication in numb ering, reads as follows:
A. The member states of the Interstate Teacher Mobility Compac t
hereby create and establish a joint public agency known as the
Interstate Teacher Mobility Compact Commission. The Commissio n
shall be a joint interstate governmental agency comprised of stat es
that have enacted the Interstate Teacher Mobility Compact . Nothing
in the Interstate Teacher Mobility Compact shall be construed as a
waiver of sovereign immunity.
B. 1. Each member state shall have and be limited to one
delegate to the Commission, who shall be given the title of
commissioner and shall be the primary administrative officer of the
state licensing authority or his or her designee.
2. Any commissioner may be removed or suspended fro m office as
provided by the law of the state from which the commissioner is
appointed. The member state shall fill a ny vacancy occurring in the
Commission within ninety (90) days.
3. Each commissioner shall be entitled to one vote on the
promulgation of rules and the creation of bylaws and shall otherwise
have an opportunity to participate in the business and affairs o f
the Commission. A commissioner shall vote in person or by other
means as provided for in the byla ws. The bylaws may provide for
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commissioners’ participation in meetings by telephone or other means
of communication.
4. The Commission shall meet at leas t once during each calendar
year. Additional meetings shall be held as set forth in th e bylaws.
5. The Commission shall establish by rule a term of office for
commissioners.
C. The Commission shall have the following powers and duties:
1. Establish a code of ethics for the Commission;
2. Establish the fiscal year of the Commission;
3. Establish bylaws for the Commission;
4. Maintain its financial records in accordance with the bylaws
of the Commission;
5. Meet and take such actions as are consistent with the
provisions of the Interstate Teacher Mobility Compact, the bylaws,
and the rules of the Commission;
6. Promulgate uniform rules to implement and administer the
Interstate Teacher Mobility Compact. The rules shall have the force
and effect of law and shall be binding on all member states. In the
event the Commission e xercises its rule-making authority in a manner
that is beyond the scope of the purposes of the compact or the
powers thereunder, then such action by the Commission shall be
invalid and shall have no force and effect of law;
7. Bring and prosecute legal proceedings or actions in the name
of the Commission, provided tha t the standing of any member state
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licensing authority to sue or be sued under applicable law shall not
be affected;
8. Purchase and maintain insurance bonds;
9. Borrow, accept, or contract for services of personnel
including but not limited to em ployees of a member state or an
associated non-governmental organization that is open to membership
by all states;
10. Hire employees, elect or appoint officers, fix
compensation, define duties, gran t individuals appropriate authority
to carry out the purposes of the Interstate Teacher Mobility
Compact, and establish the Commission’s personnel policies and
programs relating to conflicts of interest, qualifications for
personnel, and other related personnel m atters;
11. Lease, purchase, accept appropriate gifts or donations, or
otherwise own, hold, improve, or use any real, personal, or mixed
property, provided that at all tim es the Commission shall avoid any
appearance of impropriety;
12. Sell, convey, mortgage, pledge, lease, e xchange, abandon,
or otherwise dispose of any real, person al, or mixed property ;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing commi ttees comprised
of members and other interested persons as may be designated in the
Interstate Teacher Mobility Compact or Commission rules or bylaws;
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16. Provide and receive information from and cooperate with law
enforcement agencies;
17. Establish and elect an executive committee;
18. Establish and develop a charter for an executive
information governance committee to advise on facilitating exchan ge
of information, use of information, data privacy, and tech nical
support needs and provide reports as needed;
19. Perform such other functions as may be necessary or
appropriate to achieve the purposes of the Interstate Teacher
Mobility Compact consistent with the state regulation of teacher
licensure; and
20. Determine whether a state’s adopted language is materially
different from the model compact language in such a way that the
state would not qualify for participa tion in the Interstate Teacher
Mobility Compact.
D. The executive committee of the Interstate Teacher Mobility
Compact shall have the power to act on behalf of the Commission
according to the terms of the compact.
1. The executive committee shall be comprised of eight (8)
voting members including:
a. the Commission chair, vice chair, and treasurer , and
b. five members who are elected by the Commission from
its membership including:
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(1) four voting members repres enting geographic
regions in accordance with Commission rules , and
(2) one at large voting member in accordance with
Commission rules.
2. The Commission may add or remove mem bers of the executive
committee as provided for in Commission rules.
3. The executive committee shall meet at least once annually.
4. The executive committee shall have the follow ing duties and
responsibilities:
a. recommend to the entire Commission changes to the
rules or bylaws, changes to the Interstate Teacher
Mobility Compact legislation, fees to be paid by
compact member states such as annua l dues, and any
compact fee charged by the member states on behalf of
the commission,
b. ensure Commission administration serv ices are
appropriately provided, contractual or otherwise,
c. prepare and recommend the budget,
d. maintain financial r ecords on behalf of the
Commission,
e. monitor compliance of member states and provide
reports to the Commission, and
f. perform other duties as provided in rul es or bylaws.
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5. All Commission meetings shall be open to the public, and
public notice of meetings shall be given in accordance with
Commission bylaws. Provided, however, the Commission, its executive
committee, or other committees of the Commission may convene in a
closed, non-public meeting if the Commissio n, its executive
committee, or other committees of the Commission discuss :
a. non-compliance of a member state with its obligations
under the Interstate Teacher Mobility Compac t,
b. the employment, compensation, discipline, or other
matters, practices, or procedures related to s pecific
employees or other matters related to the Commission’s
internal personnel p ractices or procedures,
c. current, threatened, or reasonably anticipa ted
litigation,
d. negotiation of contracts for the pu rchase, lease, or
sale of goods, services , or real estate,
e. accusing any person of a crime or formally censuring
any person,
f. disclosure of trade secrets or commercial or financial
information that is privileged or con fidential,
g. disclosure of information of a personal nature wh ere
disclosure would constitute a clearly unwarranted
invasion of personal privacy,
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h. disclosure of investigative records compiled for law
enforcement purposes,
i. disclosure of information related to any investigative
reports prepared by or on b ehalf of or for the use of
the Commission or other committees charged with
responsibility of investigating and determining
compliance issues pursuant to the Interstate Teacher
Mobility Compact,
j. matters specifically exempted from disclosure by
federal or member state statute, and
k. other matters as set forth by the Commission b ylaws
and rules.
6. If a meeting or portion of a meeti ng is closed pursuant to
the provisions of paragraph 5 of this subsection, the Commission ’s
legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exem pting provision.
7. The Commission shall keep minutes of the Commission meetings
and shall provide a full and accurate summary of actions taken and
the reasons for the acti ons including a description of the views
expressed. All documents considered in connection with an action
shall be identified in the minu tes. All minutes and documents of a
closed meeting shall remain under seal, subject to rele ase by a
majority vote of the Commission or an order of a court of competent
jurisdiction.
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E. 1. The Commission shall pay or provide for the payment of
the reasonable expenses of its establishment, organization, a nd
ongoing activities.
2. The Commission may accept all appropriate donations and
grants of money, equipment , supplies, materials, and services and
receive, utilize, and dispose of the same, provided that at all
times the Commission shall avoid any appearance of impropriety or
conflict of interest.
3. The Commission may levy on and collect an annual assessment
from each member state or impose fees on other parties to cover the
cost of the operations and a ctivities of the Commission, in
accordance with Commission rules.
4. The Commission shall not incur obligations of an y kind prior
to securing the funds adequate to meet the same , nor shall the
Commission pledge the credit of any of the member states, exce pt by
and with the authority of the member state.
5. The Commission shall kee p accurate accounts of all receipts
and disbursements. The receipts and disbursements of the Commission
shall be subject to accounting procedures established under
Commission bylaws. All receipts and disbursements of funds of the
Commission shall be reviewed annually in accordance with Commiss ion
bylaws, and a report of the review shall be included in and become
part of the annual report of the Co mmission.
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F. 1. The members, officers, executive director, employees,
and representatives of the Commission shall be immune from suit and
liability, either personally or in their official capacity, for any
claim for damage to or lo ss of property or perso nal injury or other
civil liability caused by or arising out of any actual or alleg ed
act, error, or omission that occurred, or that the person against
whom the claim is made had a re asonable basis for believing occurred
within the scope of Commission empl oyment, duties, or
responsibilities. Provided, however, nothing in this par agraph
shall be construed to protect any such person from suit or liabilit y
for any damage, loss, injury, or liability caused by the
intentional, willful, or wanton misconduct of the person.
2. The Commission sh all defend any member, officer, executive
director, employee, or representative of the Commission in any civil
action seeking to impose liability arising out of any actual or
alleged act, error, or omi ssion that occurred within the scope of
Commission employment, duties, or responsibilities or that the
person against whom the claim is made had a re asonable basis for
believing had occurred within the scope of Com mission employment,
duties, or responsibil ities. Provided, howev er, that nothing in
this paragraph shall be construed to prohibit the person from
retaining his or her own legal counsel, and provided further that
the actual or alleged act, error, or omission did not result from
the person’s intentional, willful, or wanton misconduct.
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3. The Commission shall indemnify and hold harmless any member,
officer, executive director, employee , or representative of the
Commission for the amount of any settlement or judgment obtained
against the person arisi ng out of any actual or alleged act, error,
or omission that occurred within the scope of Commission emplo yment,
duties, or responsibilities, or that the person had a reasonable
basis for believing had occurred within the scope of Commission
employment, duties, or responsibiliti es. Provided, however, that
the actual or alleged act, error, or omission did not result from
the intentional, willful, or wanton misconduct of the p erson.
G. 1. The Commission shall exercise its r ule-making powers
pursuant to the criteria set forth in the Interstate Teacher
Mobility Compact. Rules and amendments shall be come binding as of
the date specified in each rule or amendment.
2. The Commission shall promulgate reasonable rules to achieve
the intent and purpose of the Interstate Teacher Mobility Compact.
In the event the Commission exercises its rule-making authority in a
manner that is beyond the purpose and intent of the Interstate
Teacher Mobility Compact or the powers granted thereunder, such
action by the Commission shall be invalid and ha ve no force and
effect of law in the member states.
3. If a majority of the legis latures of the member states
rejects a rule by enactment of a statute or resolution in the same
manner used to adopt the Interstate Teacher Mobility Compact within
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four (4) years of the date of the adoption of the rule, then the
rule shall have no further f orce and effect in any member state.
4. Rules or amendments to the rules shall be adopted or
ratified at a regular or special meeting of the Commissi on, in
accordance with Commission bylaws and rules.
5. Upon determination that an emergency exists, the C ommission
may consider and adopt an emergency rule within forty -eight (48)
hours’ notice with opportunity to comment, provided tha t the usual
rule-making procedures shall be retroactively applied to the ru le as
soon as reasonably possible and in no event l ater than ninety (90)
days after the effectiv e date of the rule. F or purposes of this
paragraph, an emergency rule is one that must be adopted immediately
in order to:
a. meet an imminent threat to public health, safety, or
welfare,
b. prevent a loss of Commission or member state funds,
c. meet a deadline for the promulgation of an
administrative rule that is established by feder al law
or rule, or
d. protect public health and safety.
H. 1. The Commission shall provide for facilitating the
exchange of information to administ er and implement the provisions
of the Interstate Teacher Mobility Compact in accordance with
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Commission rules, co nsistent with generally accepted data protection
principles.
2. Nothing in the Interstate Teacher Mobility Compact shall be
deemed or construed to alter, limit, or inhibit the power of a
member state to control and maintain ownership of its licensee
information or alter, limit, or inhibit the laws or regulations
governing licensee information in the member state.
I. 1. The executive and judicial branches of state government
in each member state shall enforce the Interstate Teacher Mobility
Compact and take all actions necessar y and appropriate to effectuate
the compact’s purposes and intent. The provisions of the compact
shall have standing as statutory law.
2. Venue is proper and judicial proceedings by or against the
Commission shall be brought solely and exclusively in a c ourt of
competent jurisdiction where the princip al office of the Commission
is located. The Commis sion may waive venue and jurisdictio nal
defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings. Nothing h erein shall
affect or limit the selection or pro priety of venue in any action
against a licensee fo r professional malpractice, misconduct, or any
similar matter.
3. All courts and administrative agencies shall take judicial
notice of the Interstate Teacher Mobility Compact, the rules of the
Commission, and any information provided to a member state pur suant
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thereto in any judicial or quasi -judicial proceeding in a member
state pertaining to the subject matter of the compact or which may
affect the powers, responsibilities, or actions of the Commission.
4. The Commission shall be entitled to receive service of
process in any proceeding regarding the enf orcement or
interpretation of the Interstate Teacher Mobility Compact and shall
have standing to intervene in a proceeding for all purposes.
Failure to provide the Commission service of process sh all render a
judgement or order void as to the Commission, the Interstate Teacher
Mobility Compact, or rules of the Commission.
J. 1. If the Commission determines that a member state has
defaulted in the performance of its obligations or responsibilities
under the Interstate Teacher Mobility Compact or Commission rules,
the Commission shall:
a. provide written notice to the defaulting stat e and
other member states of the nature of the default, the
proposed means of curing the default, or any other
action to be taken by the Commission, and
b. provide remedial training and specific technical
assistance regarding the default.
2. If a state in default fails to c ure the default, the
defaulting state may be terminated from the Interstate Teacher
Mobility Compact upon an affirmative vote of a majority of the
commissioners of the member states, and all rights, privileges, and
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benefits conferred on the state by the compact may be terminated on
the effective date of termina tion. A cure of the default shall not
relieve the offending state of obligations or liabiliti es incurred
during the period of default.
3. Termination of member ship in the Interstate Teacher Mobility
Compact shall be imposed only after all other means of securing
compliance have been ex hausted. Notice of intent to suspend or
terminate shall be gi ven by the Commission to the governor, the
majority and minority leaders of the defaulting state’s legislature,
the state licensing authority, and each of the mem ber states.
4. A state that has been terminated is responsible for all
assessments, obligatio ns, and liabilities incurred through the
effective date of termination including al l obligations that exte nd
beyond the effective date of termination.
5. The Commission shall not bear any costs related to a state
that is found to be in default or that has been terminated from the
Interstate Teacher Mobility Compact , unless agreed upon i n writing
between the Commission and the defaulting sta te.
6. The defaulting s tate may appeal the action of the Commission
by petitioning the U.S. District Court for the Di strict of Columbia
or the federal district court where the Commission has its princ ipal
offices. The prevailing party shall be awarded all costs of
litigation including reasonable attorney fees.
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7. Upon request by a member state, the Commission shall a ttempt
to resolve disputes related to the Interstate Teacher Mobility
Compact that arise among member stat es and between member states and
non-member states. The Commission shall promulgate a rule providing
for both binding and non-binding alternative dispute resolution for
disputes as appropriate.
8. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of the Interstate
Teacher Mobility Compact. By majority vote, th e Commission may
initiate legal action in the U.S. District Court for the District of
Columbia or the federal district where the Commission has its
principal offices against a member state in default to en force
compliance with the provisions of the compact and the Commission’s
promulgated rules and bylaws. The relief sought may include both
injunctive relief and damages. In t he event judicial enfor cement is
necessary, the prevailing party shall be awarded all costs of
litigation including reason able attorney fees. The remedies shall
not be exclusive of remedies of the Commission. The Commission may
pursue any other remedies available under feder al or state law.
K. The Interstate Teacher Mobility Compact shall be in effect
on the date on which the compact is enacted into law in the tenth
member state.
1. On or after the effective date of the compact, the
Commission shall convene and review the enactment of the compact by
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each member state to determine if the statute enacted by each member
state is materially different from the model statute.
2. A member state whose enactment is found to be materially
different from the mod el compact statute shal l be entitled to the
default process set forth in subsection J of this section.
3. Member states enacting the compact subsequent to the
effective date shall be subject to the process set forth in
paragraph 20 of subsection C of this section to determine i f the
enactments are materially different from the mod el compact statute
and whether they qualify for participa tion in the compact.
4. If any member state is later found to be in default or is
terminated or withdraws from the compac t, the Commission shall
remain in existence and the compact shall remain in effect even if
the number of member states is fewer th an ten (10).
5. Any state that joins the compact after the Commission ’s
initial adoption of the rules and bylaws shall be su bject to the
rules and bylaws as they exist on the date on which the compact
becomes law in the state. Any rule that has been previous ly adopted
by the Commission shall hav e the full force and effect of law on the
day the compact becomes law in the state, as the rules and bylaws
may be amended as provided for in the Interstate Teacher Mobility
Compact.
6. Any member state may withdraw from the Interstate Teacher
Mobility Compact by enacting a statute repealing the compact. A
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member state’s withdrawal shall not take effect unti l six (6) months
after enactment of the repealing statute. Withdrawal shall not
affect the continuing requireme nt of the withdrawing state’s
licensing authority to comply with the investigative and adverse
action reporting requirements of the compact prior to the effective
date of withdrawal.
7. The Interstate Teacher Mobility Compact may be amended by
the member states; provided, however, that no ame ndment to the
compact shall become effective and binding upon any member state
until it is enacted into law by all member states.
L. The Interstate Teacher Mobility Compact shall be liberally
construed to effectuate its purposes. The provisions of the co mpact
shall be severable, and if any phrase, clause, sentence, or
provision of the compact is declared to be contrary to the
constitution of any member state or a sta te seeking membership in
the compact or of the U. S. Constitution or the applicability ther eof
to any other government, agency, person, or circumstance is held
invalid, the validity of the remainde r of the compact and the
applicability thereof to any govern ment, agency, person, or
circumstance shall not be a ffected. If the compact is held contr ary
to the constitution of any member state, the compact shall remain in
full force and effect as to the r emaining member states and in full
force and effect as to th e member state affected as to all severable
matters.
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M. Nothing in this act shall prevent or inhibit the enforcement
of any other law of a member state that is not inconsistent with the
Interstate Teacher Mobility Compact . Any laws, statutes,
regulations, or other legal requirements in a member state in
conflict with the compact are superseded to the extent of the
conflict. All permissible agreements between the Commission and the
member states are binding in accordance with their terms.
SECTION 3. This act shall become effective July 1, 2023.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health , or safety, an emergency is he reby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its pas sage and approval.
59-1-560 EB 1/15/2023 1:06:14 PM