SECTIONS 12500-12501 - California Statutes

EDUCATION CODE

SECTION 12500-12501

12500. The Interstate Agreement on Qualification of Educational
Personnel is hereby entered into with all jurisdictions joining
therein, in the form as follows:

Article I. Purpose, Findings, and Policy

1. The states party to this agreement, desiring by common action
to improve their respective school systems by utilizing the teacher
or other professional educational person wherever educated, declare
that it is the policy of each of them, on the basis of cooperation
with one another, to take advantage of the preparation and experience
of such persons wherever gained, thereby serving the best interests
of society, of education, and of the teaching profession. It is the
purpose of this agreement to provide for the development and
execution of such programs of cooperation as will facilitate the
movement of teachers and other professional educational personnel
among the states party to it, and to authorize specific interstate
educational personnel contracts to achieve that end.
2. The party states find that included in the large movement of
population among all sections of the nation are many qualified
educational personnel who move for family and other personal reasons
but who are hindered in using their professional skill and experience
in their new locations. Variations from state to state in
requirements for qualifying educational personnel discourage such
personnel from taking the steps necessary to qualify in other states.
As a consequence, a significant number of professionally prepared
and experienced educators is lost to our school systems. Facilitating
the employment of qualified educational personnel, without reference
to their states of origin, can increase the available educational
resources. Participation in this compact can increase the
availability of educational manpower.

Article II. 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 meet
requirements pursuant to state law as a condition of employment in
educational programs.
2. "Designated state official" means the education official of a
state selected 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 to one or more determinations of another state relating to the
qualifications of educational personnel in lieu of making or
requiring a like determination that would otherwise be required by or
pursuant to the laws of a receiving state.
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 (and the subdivision thereof,
if any) whose determination that certain educational personnel are
qualified to be employed for specific duties in schools is acceptable
in accordance with the terms of a contract made pursuant to Article
III.
6. "Receiving state" means a state (and the subdivisions thereof)
which accept educational personnel in accordance with the terms of a
contract made pursuant to Article III.

Article III. Interstate Educational Personnel Contracts

1. The designated state official of a party state may make one or
more contracts on behalf of his state with one or more other party
states providing for the acceptance of educational personnel. Any
such contract for the period of its duration shall be applicable to
and binding on the states whose designated state officials enter into
it, and the subdivisions of those states, with the same force and
effect as if incorporated in this agreement. A designated state
official may enter into a contract pursuant to this article only with
states in which he finds that there are programs of education,
certification standards or other acceptable qualifications that
assure preparation or qualification of educational personnel on a
basis sufficiently comparable, even though not identical to that
prevailing in his own state.
2. Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating state in
qualifying educational personnel for acceptance by a receiving state.
(c) Such waivers, substitutions, and conditional acceptances as
shall aid the practical effectuation of the contract without
sacrifice of basic educational standards.
(d) Any other necessary matters.
3. No contract made pursuant to this agreement shall be for a term
longer than five years but any such contract may be renewed for like
or lesser periods.
4. Any contract dealing with acceptance of educational personnel
on the basis of their having completed an educational program shall
specify the earliest date or dates on which originating state
approval of the program or programs involved can have occurred. No
contract made pursuant to this agreement shall require acceptance by
a receiving state of any persons qualified because of successful
completion of a program prior to January 1, 1954.
5. The certification or other acceptance of a person who has been
accepted pursuant to the terms of a contract shall not be revoked or
otherwise impaired because the contract has expired or been
terminated. However, any certificate or other qualifying document may
be revoked or suspended on any ground which would be sufficient for
revocation or suspension of a certificate or other qualifying
document initially granted or approved in the receiving state.
6. A contract committee composed of the designated state officials
of the contracting states or their representatives shall keep the
contract under continuous review, study means of improving its
administration, and report no less frequently than once a year to the
heads of the appropriate education agencies of the contracting
states.

Article IV. Approved and Accepted Programs

1. Nothing in this agreement shall be construed to repeal or
otherwise modify any law or regulation of a party state relating to
the approval of programs of educational preparation having effect
solely on the qualification of educational personnel within that
state.
2. To the extent that contracts made pursuant to this agreement
deal with the educational requirements for the proper qualification
of educational personnel, acceptance of a program of educational
preparation shall be in accordance with such procedures and
requirements as may be provided in the applicable contract.

Article V. Interstate Cooperation

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

Article VI. Agreement Evaluation

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

Article VII. Other Arrangements

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

Article VIII. Effect and Withdrawal

1. This agreement shall become effective when enacted into law by
two states. Thereafter it shall become effective as to any state upon
its enactment of this agreement.
2. Any party state may withdraw from this agreement by enacting a
statute repealing the same, but no such withdrawal shall take effect
until one year after the governor of the withdrawing state has given
notice in writing of the withdrawal to the governors of all other
party states.
3. No withdrawal shall relieve the withdrawing state of any
obligation imposed upon it by a contract to which it is a party. The
duration of contracts and the methods and conditions of withdrawal
therefrom shall be those specified in their terms.

Article IX. Construction and Severability

This agreement shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this agreement shall be
severable and if any phrase, clause, sentence, or provision of this
agreement is declared to be contrary to the Constitution of any state
or of the United States, or the application thereof to any
government, agency, person, or circumstance is held invalid, the
validity of the remainder of this agreement and the applicability
thereof to any government, agency, person, or circumstance shall not
be affected thereby. If this agreement shall be held contrary to the
Constitution of any state participating therein, the agreement shall
remain in full force and effect as to the state affected as to all
severable matters.

12501. The "designated state official" for this state shall be the
Superintendent of Public Instruction. He shall enter into contracts
pursuant to Article III of the agreement only with the approval of
the specific text thereof by the State Board of Education.