West Virginia Code § 18-10E-1

Enactment of compact
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The interstate compact on qualifications of educational personnel is hereby enacted into law
and entered into with all jurisdictions legally joining therein, in the form substantially as
follows:
INTERSTATE COMPACT ON QUALIFICATIONS
OF EDUCATIONAL PERSONNEL
Article I. Purpose, Findings and Policy.
1. The states party to this compact, 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, aon 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 societly, of education, and of the teaching
profession. It is the purpose of this compact to provide for the development and execution of
such programs of cooperation as will facilitate the movement of teachers and other
professional educational personnel amongi 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 conseque nce, a significant number of professionally prepared and experienced
educators is loVst 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 compact 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 compact.
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 wuhich 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 providling 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 ifi 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 compact 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 compact 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 revierw, 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. t
1. Nothing in this compact shall be construed to repeaal 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 educatiolnal personnel within that state.
2. To the extent that contracts made pursuant to this compact deal with the educational
requirements for the proper qualification oif educational personnel, acceptance of a program
of educational preparation shall be ign 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 tVhis compact.
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 states may meet from time to time as a group to
evaluate progress under the compact, and to formulate recommendations for changes.
Article VII. Other Arrangements.
Nothing in this compact 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 compact shall become effective when enacted into law by two states. Thereafter it
shall become effective as to any state upon its enactment of this compact.
2. Any party state may withdraw from this compact 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 compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact shall be severable and if anya phrase, clause, sentence or provision
of this compact is declared to be contrary to the Constitution of any state or of the United
States, or the application thereof to any governmenlt, agency, person or circumstances is
held invalid, the validity of the remainder of thsis compact and the applicability thereof to any
government, agency, person or circumstance shall not be affected thereby. If this compact
shall be held contrary to the Constitution oif any state participating therein, the compact
shall remain in full force and effect ags to the state affected as to all severable matters.
The "designated state official" for this state shall be the State Superintendent of Schools. He
may enter into contracts pursuant to Article III of the compact only with the approval of the
specific text thereof by the state Board of Education.
True copies of all contracts made on behalf of this state pursuant to the compact shall be
kept on file in the off ice of the State Superintendent of Schools and in the office of the
Secretary of SVtate. The State Superintendent of Schools shall publish all such contracts in
convenient form.

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