IC 20-38
    ARTICLE 38. EDUCATIONAL COMPACTS

IC 20-38-1
    Chapter 1. Interstate Agreement of Qualifications of EducationalPersonnel

IC 20-38-1-1
Contents of interstate agreement
    Sec. 1. The following interstate agreement on qualification ofeducational personnel is enacted into law and entered into by thisstate with all other states legally joining the interstate agreement insubstantially the following form:

INTERSTATE AGREEMENT ON


QUALIFICATION OF EDUCATIONAL PERSONNEL


Article 1 . Purpose, Findings, and Policy


    1. The states party to this agreement, desiring by common actionto improve their respective school systems by utilizing the teacher orother professional educational person wherever educated, declarethat it is the policy of each of them, on the basis of cooperation withone another, to take advantage of the preparation and experience ofsuch persons wherever gained, thereby serving the best interests ofsociety, of education, and of the teaching profession. It is the purposeof this agreement to provide for the development and execution ofsuch programs of cooperation as will facilitate the movement ofteachers and other professional educational personnel among thestates party to it, and to authorize specific interstate educationalpersonnel contracts to achieve that end.
    2. The party states find that included in the large movement ofpopulation among all sections of the nation are many qualifiededucational personnel who move for family and other personalreasons but who are hindered in using their professional skill andexperience in their new locations. Variations from state to state inrequirements for qualifying educational personnel discourage suchpersonnel from taking the steps necessary to qualify in other states.As a consequence, a significant number of professionally preparedand experienced educators is lost to our school systems. Facilitatingthe employment of qualified educational personnel, withoutreference to their states of origin, can increase the availableeducational resources. Participation in this compact can increase theavailability of educational manpower. All contracts shall be subjectto approval of the Indiana state board of education.

Article 2 . Definitions


    As used in this agreement and contracts made pursuant to it,unless the context clearly requires otherwise:
    1. "Educational personnel" means persons who must meetrequirements pursuant to state law as a condition of employment ineducational programs.
    2. "Designated state official" means the education official of a

state selected by that state to negotiate and enter into, on behalf ofthe individual's state, contracts pursuant to this agreement.
    3. "Accept", or any variant thereof, means to recognize and giveeffect to one (1) or more determinations of another state relating tothe qualifications of educational personnel in lieu of making orrequiring a like determination that would otherwise be required byor pursuant to the laws of a receiving state.
    4. "State" means a state, territory, or possession of the UnitedStates; the District of Columbia; or the Commonwealth of PuertoRico.
    5. "Originating state" means a state (and the subdivision thereof,if any) whose determination that certain educational personnel arequalified to be employed for specific duties in schools is acceptablein accordance with the terms of a contract made pursuant to Article3.
    6. "Receiving state" means a state (and the subdivisions thereof)which accept educational personnel in accordance with the terms ofa contract made pursuant to Article 3.

Article 3 . Interstate Educational Personnel Contracts


    1. The designated state official of a party state may make one (1)or more contracts on behalf of the official's state with one (1) ormore other party states providing for the acceptance of educationalpersonnel. Any such contract for the period of its duration shall beapplicable to and binding on the states whose designated stateofficials enter into it, and the subdivisions of those states, with thesame force and effect as if incorporated in this agreement. Adesignated state official may enter into a contract pursuant to thisarticle only with states in which the official finds that there areprograms of education, certification standards, or other acceptablequalifications that assure preparation or qualification of educationalpersonnel on a basis sufficiently comparable, even though notidentical to that prevailing in the official's own state.
    2. Any such contract shall provide for:
    (a) Its duration.
    (b) The criteria to be applied by an originating state in qualifyingeducational personnel for acceptance by a receiving state.
    (c) Such waivers, substitutions, and conditional acceptances asshall aid the practical effectuation of the contract without sacrificeof basic educational standards.
    (d) Any other necessary matters.
    3. No contract made pursuant to this agreement shall be for a termlonger than five (5) years, but any such contract may be renewed forlike or lesser periods.
    4. Any contract dealing with acceptance of educational personnelon the basis of their having completed an educational program shallspecify the earliest date or dates on which originating state approvalof the program or programs involved can have occurred. No contractmade pursuant to this agreement shall require acceptance by areceiving state of any persons qualified because of successfulcompletion of a program before January 1, 1954.    5. The certification or other acceptance of a person who has beenaccepted pursuant to the terms of a contract shall not be revoked orotherwise impaired because the contract has expired or beenterminated. However, any certificate or other qualifying documentmay be revoked or suspended on any ground which would besufficient for revocation or suspension of a certificate or otherqualifying document initially granted or approved in the receivingstate.
    6. A contract committee composed of the designated state officialsof the contracting states or their representatives shall keep thecontract under continuous review, study means of improving itsadministration, and report no less frequently than once a year to theheads of the appropriate education agencies of the contracting states.

Article 4 . Approved and Accepted Programs


    1. Nothing in this agreement shall be construed to repeal orotherwise modify any law or regulation of a party state relating to theapproval of programs of educational preparation having effect solelyon the qualification of educational personnel within that state.
    2. To the extent that contracts made pursuant to this agreementdeal with the educational requirements for the proper qualificationof educational personnel acceptance of a program of educationalpreparation shall be in accordance with such procedures andrequirements as may be provided in the applicable contract.

Article 5 . Interstate Cooperation


    The party states agree that:
    1. They will, so far as practicable, prefer the making ofmultilateral contracts pursuant to Article 3 of this agreement.
    2. They will facilitate and strengthen cooperation in interstatecertification and other elements of educational personnelqualification and for this purpose shall cooperate with agencies,organizations, and associations interested in certification and otherelements of educational personnel qualification.

Article 6 . Agreement Evaluation


    The designated state officials of any party state may meet fromtime to time as a group to evaluate progress under the agreement andto formulate recommendations for changes.

Article 7 . Other Arrangements


    Nothing in this agreement shall be construed to prevent or inhibitother arrangements or practices of any party state or states tofacilitate the interchange of educational personnel.

Article 8 . Effect and Withdrawal


    1. This agreement shall become effective when enacted into lawby two (2) states. Thereafter it shall become effective as to any stateupon its enactment of this agreement.
    2. Any party state may withdraw from this agreement by enactinga statute repealing the same, but no such withdrawal shall take effectuntil one (1) year after the governor of the withdrawing state hasgiven notice in writing of the withdrawal to the governors of all otherparty states.
    3. No withdrawal shall relieve the withdrawing state of any

obligation imposed upon it by a contract to which it is a party. Theduration of contracts and the methods and conditions of withdrawaltherefrom shall be those specified in their terms.

Article 9 . Construction and Severability


    This agreement shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this agreement shall be severableand if any phrase, clause, sentence, or provision of this agreement isdeclared to be contrary to the constitution of any state or of theUnited States, or the application thereof to any government, agency,person, or circumstance is held invalid, the validity of the remainderof this agreement and the applicability thereof to any government,agency, person, or circumstance shall not be affected thereby. If thisagreement shall be held contrary to the constitution of any stateparticipating therein, the agreement shall remain in full force andeffect as to the state affected as to all severable matters.
As added by P.L.1-2005, SEC.22.

IC 20-38-1-2
Authorized person to negotiate and enter contracts; rules
    Sec. 2. (a) The state superintendent, or a person authorized to actin behalf of the state superintendent, is the education official selectedby this state to negotiate and enter into, on behalf of this state,contracts under the interstate agreement set forth in section 1 of thischapter.
    (b) The designated education official, acting jointly with similarofficers of other party states, may adopt rules to carry out moreeffectively the terms of the interstate agreement.
    (c) The designated education official is authorized, empowered,and directed to cooperate with all departments, agencies, and officersof state government and its subdivisions in facilitating the properadministration of the following:
        (1) The interstate agreement.
        (2) A supplementary agreement entered into by this state underthe interstate agreement.
As added by P.L.1-2005, SEC.22.