§ 22.1-316. Agreement entered into and enacted into law; form of agreement.
The Interstate Agreement on Qualification of Educational Personnel is herebyenacted into law and entered into with all jurisdictions legally joinedtherein in the form substantially as follows:
INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL
Article I. Purpose, Findings, and Policy.
A. The states party to this agreement, desiring by common action to improvetheir respective school systems by utilizing the teacher or otherprofessional educational person wherever educated, declare that it is thepolicy of each of them, on the basis of cooperation with one another, to takeadvantage of the preparation and experience of such persons wherever gained,thereby serving the best interests of society, of education and of theteaching profession. It is the purpose of this agreement to provide for thedevelopment and execution of such programs of cooperation as will facilitatethe movement of teachers and other professional educational personnel amongthe states party to it and to authorize specific interstate educationalpersonnel contracts to achieve that end.
B. The party states find that included in the large movement of populationamong all sections of the nation are many qualified educational personnel whomove for family and other personal reasons but who are hindered in usingtheir professional skill and experience in their new locations. Variationsfrom state to state in requirements for qualifying educational personneldiscourage such personnel from taking the steps necessary to qualify in otherstates. As a consequence, a significant number of professionally preparedand experienced educators is lost to our school systems. Facilitating theemployment of qualified educational personnel without reference to theirstates of origin can increase the available educational resources.Participation in this compact can increase the availability of educationalmanpower.
Article II. Definitions.
As used in this agreement and contracts made pursuant to it, unless thecontext clearly requires otherwise:
1. "Educational personnel" means persons who must meet requirementspursuant to state law as a condition of employment in educational programs.
2. "Designated state official" means the educational official of a stateselected by that state to negotiate and enter into, on behalf of his state,contracts pursuant to this agreement.
3. "Accept" or any variant thereof means to recognize and give effect toone or more determinations of another state relating to the qualifications ofeducational personnel in lieu of making or requiring a like determinationthat would otherwise be required by or pursuant to the laws of a receivingstate.
4. "State" means a state, territory, or possession of the United States;the District of Columbia; or the Commonwealth of Puerto Rico.
5. "Originating state" means a state or subdivision thereof whosedetermination that certain educational personnel are qualified to be employedfor specific duties in schools is acceptable in accordance with the terms ofa contract made pursuant to Article III.
6. "Receiving state" means a state or subdivision thereof which acceptseducational personnel in accordance with the terms of a contract madepursuant to Article III of this section.
Article III. Interstate Educational Personnel Contracts.
A. The designated state official of a party state may make one or morecontracts on behalf of his state with one or more other party statesproviding for the acceptance of educational personnel. Any such contract forthe period of its duration shall be applicable to and binding on the stateswhose designated state officials enter into it and the subdivisions of thosestates with the same force and effect as if incorporated in this agreement.A designated state official may enter into a contract pursuant to thisarticle only with states in which he finds that there are programs ofeducation, licensure standards or other acceptable qualifications that assurepreparation or qualification of educational personnel on a basis sufficientlycomparable even though not identical to that prevailing in his own state.
B. Any such contract shall provide for:
1. Its duration.
2. The criteria to be applied by an originating state in qualifyingeducational personnel for acceptance by a receiving state.
3. Such waivers, substitutions, and conditional acceptances as shall aid thepractical effectuation of the contract without sacrifice of basic educationalstandards.
4. Any other necessary matters.
C. No contract made pursuant to this agreement shall be for a term longerthan five years but any such contract may be renewed for like or lesserperiods.
D. Any contract dealing with acceptance of educational personnel on the basisof their having completed an educational program shall specify the earliestdate or dates on which originating state approval of the program or programsinvolved can have occurred. No contract made pursuant to this agreement shallrequire acceptance by a receiving state of any persons qualified because ofsuccessful completion of a program prior to January 1, 1954.
E. The licensure or other acceptance of a person who has been acceptedpursuant to the terms of a contract shall not be revoked or otherwiseimpaired because the contract has expired or been terminated. Any license orother qualifying document may be revoked or suspended on any ground whichwould be sufficient for revocation or suspension of a license or otherqualifying document initially granted or approved in the receiving state.
F. A contract committee composed of the designated state officials of thecontracting states or their representatives shall keep the contract undercontinuous review, study means of improving its administration, and report noless frequently than once a year to the heads of the appropriate educationagencies of the contracting states.
Article IV. Approved and Accepted Programs.
A. Nothing in this agreement shall be construed to repeal or otherwise modifyany law or regulation of a party state relating to the approval of programsof educational preparation having effect solely on the qualification ofeducational personnel within that state.
B. To the extent that contracts made pursuant to this agreement deal with theeducational requirements for the proper qualification of educationalpersonnel, acceptance of a program of educational preparation shall be inaccordance with such procedures and requirements as may be provided in theapplicable contract.
Article V. Interstate Cooperation.
The party states agree that:
1. They will, so far as practicable, prefer the making of multilateralcontracts pursuant to Article III of this agreement.
2. They will facilitate and strengthen cooperation in interstate licensureand other elements of educational personnel qualification and for thispurpose shall cooperate with agencies, organizations, and associationsinterested in licensure and other elements of educational personnelqualification.
Article VI. Agreement Evaluation.
The designated state officials of any party states may meet from time to timeas a group to evaluate progress under the agreement and to formulaterecommendations for changes.
Article VII. Other Arrangements.
Nothing in this agreement shall be construed to prevent or inhibit otherarrangements or practices of any party state or states to facilitate theinterchange of educational personnel.
Article VIII. Effect and Withdrawal.
A. This agreement shall become effective when enacted into law by two states.Thereafter it shall become effective as to any state upon its enactment ofthis agreement.
B. Any party state may withdraw from this agreement by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the governor of the withdrawing state has given notice in writing ofthe withdrawal to the governors of all other party states.
C. No withdrawal shall relieve the withdrawing state of any obligationimposed upon it by a contract to which it is a party. The duration ofcontracts and the methods and conditions of withdrawal therefrom shall bethose specified in their terms.
Article IX. Construction and Severability.
This agreement shall be liberally construed so as to effectuate the purposesthereof. The provisions of this agreement shall be severable; and if anyphrase, clause, sentence, or provision of this agreement is declared to becontrary to the constitution of any state or of the United States or if theapplication thereof to any government, agency, person, or circumstance isheld invalid, the validity of the remainder of this agreement and theapplicability thereof to any government, agency, person, or circumstanceshall not be affected thereby. If this agreement shall be held contrary tothe constitution of any state participating therein, the agreement shallremain in full force and effect as to the state affected as to all severablematters.
(Code 1950, § 22-348; 1970, c. 193; 1980, c. 559; 1992, c. 132.)
§ 22.1-316. Agreement entered into and enacted into law; form of agreement.
The Interstate Agreement on Qualification of Educational Personnel is herebyenacted into law and entered into with all jurisdictions legally joinedtherein in the form substantially as follows:
INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL
Article I. Purpose, Findings, and Policy.
A. The states party to this agreement, desiring by common action to improvetheir respective school systems by utilizing the teacher or otherprofessional educational person wherever educated, declare that it is thepolicy of each of them, on the basis of cooperation with one another, to takeadvantage of the preparation and experience of such persons wherever gained,thereby serving the best interests of society, of education and of theteaching profession. It is the purpose of this agreement to provide for thedevelopment and execution of such programs of cooperation as will facilitatethe movement of teachers and other professional educational personnel amongthe states party to it and to authorize specific interstate educationalpersonnel contracts to achieve that end.
B. The party states find that included in the large movement of populationamong all sections of the nation are many qualified educational personnel whomove for family and other personal reasons but who are hindered in usingtheir professional skill and experience in their new locations. Variationsfrom state to state in requirements for qualifying educational personneldiscourage such personnel from taking the steps necessary to qualify in otherstates. As a consequence, a significant number of professionally preparedand experienced educators is lost to our school systems. Facilitating theemployment of qualified educational personnel without reference to theirstates of origin can increase the available educational resources.Participation in this compact can increase the availability of educationalmanpower.
Article II. Definitions.
As used in this agreement and contracts made pursuant to it, unless thecontext clearly requires otherwise:
1. "Educational personnel" means persons who must meet requirementspursuant to state law as a condition of employment in educational programs.
2. "Designated state official" means the educational official of a stateselected by that state to negotiate and enter into, on behalf of his state,contracts pursuant to this agreement.
3. "Accept" or any variant thereof means to recognize and give effect toone or more determinations of another state relating to the qualifications ofeducational personnel in lieu of making or requiring a like determinationthat would otherwise be required by or pursuant to the laws of a receivingstate.
4. "State" means a state, territory, or possession of the United States;the District of Columbia; or the Commonwealth of Puerto Rico.
5. "Originating state" means a state or subdivision thereof whosedetermination that certain educational personnel are qualified to be employedfor specific duties in schools is acceptable in accordance with the terms ofa contract made pursuant to Article III.
6. "Receiving state" means a state or subdivision thereof which acceptseducational personnel in accordance with the terms of a contract madepursuant to Article III of this section.
Article III. Interstate Educational Personnel Contracts.
A. The designated state official of a party state may make one or morecontracts on behalf of his state with one or more other party statesproviding for the acceptance of educational personnel. Any such contract forthe period of its duration shall be applicable to and binding on the stateswhose designated state officials enter into it and the subdivisions of thosestates with the same force and effect as if incorporated in this agreement.A designated state official may enter into a contract pursuant to thisarticle only with states in which he finds that there are programs ofeducation, licensure standards or other acceptable qualifications that assurepreparation or qualification of educational personnel on a basis sufficientlycomparable even though not identical to that prevailing in his own state.
B. Any such contract shall provide for:
1. Its duration.
2. The criteria to be applied by an originating state in qualifyingeducational personnel for acceptance by a receiving state.
3. Such waivers, substitutions, and conditional acceptances as shall aid thepractical effectuation of the contract without sacrifice of basic educationalstandards.
4. Any other necessary matters.
C. No contract made pursuant to this agreement shall be for a term longerthan five years but any such contract may be renewed for like or lesserperiods.
D. Any contract dealing with acceptance of educational personnel on the basisof their having completed an educational program shall specify the earliestdate or dates on which originating state approval of the program or programsinvolved can have occurred. No contract made pursuant to this agreement shallrequire acceptance by a receiving state of any persons qualified because ofsuccessful completion of a program prior to January 1, 1954.
E. The licensure or other acceptance of a person who has been acceptedpursuant to the terms of a contract shall not be revoked or otherwiseimpaired because the contract has expired or been terminated. Any license orother qualifying document may be revoked or suspended on any ground whichwould be sufficient for revocation or suspension of a license or otherqualifying document initially granted or approved in the receiving state.
F. A contract committee composed of the designated state officials of thecontracting states or their representatives shall keep the contract undercontinuous review, study means of improving its administration, and report noless frequently than once a year to the heads of the appropriate educationagencies of the contracting states.
Article IV. Approved and Accepted Programs.
A. Nothing in this agreement shall be construed to repeal or otherwise modifyany law or regulation of a party state relating to the approval of programsof educational preparation having effect solely on the qualification ofeducational personnel within that state.
B. To the extent that contracts made pursuant to this agreement deal with theeducational requirements for the proper qualification of educationalpersonnel, acceptance of a program of educational preparation shall be inaccordance with such procedures and requirements as may be provided in theapplicable contract.
Article V. Interstate Cooperation.
The party states agree that:
1. They will, so far as practicable, prefer the making of multilateralcontracts pursuant to Article III of this agreement.
2. They will facilitate and strengthen cooperation in interstate licensureand other elements of educational personnel qualification and for thispurpose shall cooperate with agencies, organizations, and associationsinterested in licensure and other elements of educational personnelqualification.
Article VI. Agreement Evaluation.
The designated state officials of any party states may meet from time to timeas a group to evaluate progress under the agreement and to formulaterecommendations for changes.
Article VII. Other Arrangements.
Nothing in this agreement shall be construed to prevent or inhibit otherarrangements or practices of any party state or states to facilitate theinterchange of educational personnel.
Article VIII. Effect and Withdrawal.
A. This agreement shall become effective when enacted into law by two states.Thereafter it shall become effective as to any state upon its enactment ofthis agreement.
B. Any party state may withdraw from this agreement by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the governor of the withdrawing state has given notice in writing ofthe withdrawal to the governors of all other party states.
C. No withdrawal shall relieve the withdrawing state of any obligationimposed upon it by a contract to which it is a party. The duration ofcontracts and the methods and conditions of withdrawal therefrom shall bethose specified in their terms.
Article IX. Construction and Severability.
This agreement shall be liberally construed so as to effectuate the purposesthereof. The provisions of this agreement shall be severable; and if anyphrase, clause, sentence, or provision of this agreement is declared to becontrary to the constitution of any state or of the United States or if theapplication thereof to any government, agency, person, or circumstance isheld invalid, the validity of the remainder of this agreement and theapplicability thereof to any government, agency, person, or circumstanceshall not be affected thereby. If this agreement shall be held contrary tothe constitution of any state participating therein, the agreement shallremain in full force and effect as to the state affected as to all severablematters.
(Code 1950, § 22-348; 1970, c. 193; 1980, c. 559; 1992, c. 132.)
§ 22.1-316. Agreement entered into and enacted into law; form of agreement.
The Interstate Agreement on Qualification of Educational Personnel is herebyenacted into law and entered into with all jurisdictions legally joinedtherein in the form substantially as follows:
INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL
Article I. Purpose, Findings, and Policy.
A. The states party to this agreement, desiring by common action to improvetheir respective school systems by utilizing the teacher or otherprofessional educational person wherever educated, declare that it is thepolicy of each of them, on the basis of cooperation with one another, to takeadvantage of the preparation and experience of such persons wherever gained,thereby serving the best interests of society, of education and of theteaching profession. It is the purpose of this agreement to provide for thedevelopment and execution of such programs of cooperation as will facilitatethe movement of teachers and other professional educational personnel amongthe states party to it and to authorize specific interstate educationalpersonnel contracts to achieve that end.
B. The party states find that included in the large movement of populationamong all sections of the nation are many qualified educational personnel whomove for family and other personal reasons but who are hindered in usingtheir professional skill and experience in their new locations. Variationsfrom state to state in requirements for qualifying educational personneldiscourage such personnel from taking the steps necessary to qualify in otherstates. As a consequence, a significant number of professionally preparedand experienced educators is lost to our school systems. Facilitating theemployment of qualified educational personnel without reference to theirstates of origin can increase the available educational resources.Participation in this compact can increase the availability of educationalmanpower.
Article II. Definitions.
As used in this agreement and contracts made pursuant to it, unless thecontext clearly requires otherwise:
1. "Educational personnel" means persons who must meet requirementspursuant to state law as a condition of employment in educational programs.
2. "Designated state official" means the educational official of a stateselected by that state to negotiate and enter into, on behalf of his state,contracts pursuant to this agreement.
3. "Accept" or any variant thereof means to recognize and give effect toone or more determinations of another state relating to the qualifications ofeducational personnel in lieu of making or requiring a like determinationthat would otherwise be required by or pursuant to the laws of a receivingstate.
4. "State" means a state, territory, or possession of the United States;the District of Columbia; or the Commonwealth of Puerto Rico.
5. "Originating state" means a state or subdivision thereof whosedetermination that certain educational personnel are qualified to be employedfor specific duties in schools is acceptable in accordance with the terms ofa contract made pursuant to Article III.
6. "Receiving state" means a state or subdivision thereof which acceptseducational personnel in accordance with the terms of a contract madepursuant to Article III of this section.
Article III. Interstate Educational Personnel Contracts.
A. The designated state official of a party state may make one or morecontracts on behalf of his state with one or more other party statesproviding for the acceptance of educational personnel. Any such contract forthe period of its duration shall be applicable to and binding on the stateswhose designated state officials enter into it and the subdivisions of thosestates with the same force and effect as if incorporated in this agreement.A designated state official may enter into a contract pursuant to thisarticle only with states in which he finds that there are programs ofeducation, licensure standards or other acceptable qualifications that assurepreparation or qualification of educational personnel on a basis sufficientlycomparable even though not identical to that prevailing in his own state.
B. Any such contract shall provide for:
1. Its duration.
2. The criteria to be applied by an originating state in qualifyingeducational personnel for acceptance by a receiving state.
3. Such waivers, substitutions, and conditional acceptances as shall aid thepractical effectuation of the contract without sacrifice of basic educationalstandards.
4. Any other necessary matters.
C. No contract made pursuant to this agreement shall be for a term longerthan five years but any such contract may be renewed for like or lesserperiods.
D. Any contract dealing with acceptance of educational personnel on the basisof their having completed an educational program shall specify the earliestdate or dates on which originating state approval of the program or programsinvolved can have occurred. No contract made pursuant to this agreement shallrequire acceptance by a receiving state of any persons qualified because ofsuccessful completion of a program prior to January 1, 1954.
E. The licensure or other acceptance of a person who has been acceptedpursuant to the terms of a contract shall not be revoked or otherwiseimpaired because the contract has expired or been terminated. Any license orother qualifying document may be revoked or suspended on any ground whichwould be sufficient for revocation or suspension of a license or otherqualifying document initially granted or approved in the receiving state.
F. A contract committee composed of the designated state officials of thecontracting states or their representatives shall keep the contract undercontinuous review, study means of improving its administration, and report noless frequently than once a year to the heads of the appropriate educationagencies of the contracting states.
Article IV. Approved and Accepted Programs.
A. Nothing in this agreement shall be construed to repeal or otherwise modifyany law or regulation of a party state relating to the approval of programsof educational preparation having effect solely on the qualification ofeducational personnel within that state.
B. To the extent that contracts made pursuant to this agreement deal with theeducational requirements for the proper qualification of educationalpersonnel, acceptance of a program of educational preparation shall be inaccordance with such procedures and requirements as may be provided in theapplicable contract.
Article V. Interstate Cooperation.
The party states agree that:
1. They will, so far as practicable, prefer the making of multilateralcontracts pursuant to Article III of this agreement.
2. They will facilitate and strengthen cooperation in interstate licensureand other elements of educational personnel qualification and for thispurpose shall cooperate with agencies, organizations, and associationsinterested in licensure and other elements of educational personnelqualification.
Article VI. Agreement Evaluation.
The designated state officials of any party states may meet from time to timeas a group to evaluate progress under the agreement and to formulaterecommendations for changes.
Article VII. Other Arrangements.
Nothing in this agreement shall be construed to prevent or inhibit otherarrangements or practices of any party state or states to facilitate theinterchange of educational personnel.
Article VIII. Effect and Withdrawal.
A. This agreement shall become effective when enacted into law by two states.Thereafter it shall become effective as to any state upon its enactment ofthis agreement.
B. Any party state may withdraw from this agreement by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the governor of the withdrawing state has given notice in writing ofthe withdrawal to the governors of all other party states.
C. No withdrawal shall relieve the withdrawing state of any obligationimposed upon it by a contract to which it is a party. The duration ofcontracts and the methods and conditions of withdrawal therefrom shall bethose specified in their terms.
Article IX. Construction and Severability.
This agreement shall be liberally construed so as to effectuate the purposesthereof. The provisions of this agreement shall be severable; and if anyphrase, clause, sentence, or provision of this agreement is declared to becontrary to the constitution of any state or of the United States or if theapplication thereof to any government, agency, person, or circumstance isheld invalid, the validity of the remainder of this agreement and theapplicability thereof to any government, agency, person, or circumstanceshall not be affected thereby. If this agreement shall be held contrary tothe constitution of any state participating therein, the agreement shallremain in full force and effect as to the state affected as to all severablematters.
(Code 1950, § 22-348; 1970, c. 193; 1980, c. 559; 1992, c. 132.)
