CHAPTER 155

AN ACT TO AMEND TITLE 14, DELAWARE CODE, BY GIVING TO THE STATE BOARD OF EDUCATION AUTHORITY FOR ENTERING INTO INTERSTATE AGREEMENTS ON QUALIFICATION OF EDUCATIONAL PERSONNEL AND FOR RELATED PURPOSES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Chapter 12, Title 14, Delaware Code, by designating collectively § 1201, § 1202, § 1203, and § 1204 including the content of each as Subchapter I to be entitled, "Professional Status Certificate".

Section 2. Amend Chapter 12, Title 14, Delaware Code, by changing "§ 1205" to read as "§ 1230" and designating § 1230, now § 1205, as Subchapter III to be entitled "Substitute Teachers".

Section 3. Amend § 1201, Title 14, Delaware Code, by changing the word "Chapter" as it appears in the Title to that section and within the first paragraph of the section to be the word "Subchapter".

Section 4. Amend Chapter 12, Title 14, Delaware Code, by inserting into that chapter a new Subchapter II, entitled, "Interstate Agreement on Qualification of Educational Personnel" to read as follows:

SUBCHAPTER II, INTERSTATE AGREEMENT ON

QUALIFICATION OF EDUCATIONAL PERSONNEL

§ 1210. In accordance with the terms set forth in this subchapter in §1212 through and including §1220, the State of Delaware does provide for entering into Interstate Agreements on Educational Personnel. Such agreements, properly entered into by the designated State officials, shall be considered as a contract between the State of Delaware and such other states with all jurisdiction legally joining therein in the form set forth in the afore-mentioned sections.

§ 1211. Designated state official and official copies of contract

The "designated state official" for the State shall be the State Superintendent of Public Instruction. The State Superintendent of Public Instruction shall enter into contracts pursuant to this subchapter only with the approval of the State Board of Education. True copies of all contracts made on behalf of this State pursuant to the agreement set forth herein, shall be placed on file in the office of the State Superintendent of Public Instruction in Delaware, in the Office of the Secretary of State in Delaware, and in the office of the Chief State School Officer in such other state as is party to the contract. Reference to the existence of such contracts, including at least a list of states involved and the teaching fields or certificates referred to in each state, shall be published regularly in such certification manuals as may from time to time be published by the State Board of Education.

§ 1212. Interstate agreement, 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.

§ 1213. Interstate agreement, 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 § 1214 (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.

§ 1214. Interstate agreement, 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 orignating 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.

§ 1215. Interstate agreement, 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.

§ 1216. Interstate agreement, Article V--interstate cooperation

The party States agree that:

1. They will, so far as practicable, prefer the making of multi-lateral contracts pursuant to Article HI 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.

§ 1217. Interstate agreement, Article VI—agreement evaluation

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

§ 1218. Interstate agreement, 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.

§ 1219. Interstate agreement, 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.

0. 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.

1. 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.

§ 1220. Interstate agreement, 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.

Section 4. This Act shall become effective upon the date of signature by the Governor of the State of Delaware.

Approved June 23, 1969.