PRINTER'S NO. 963

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

843

Session of

2023

INTRODUCED BY ARGALL, AUMENT, ROTHMAN, SCHWANK, YAW, LAUGHLIN,

COLEMAN, PENNYCUICK, DUSH AND BROOKS, JUNE 26, 2023

REFERRED TO EDUCATION, JUNE 26, 2023

Mobility Compact.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding an

article to read:

Section 1201-B. Scope of article.

This article relates to the Interstate Teacher Mobility

and ratification of the compact:

ARTICLE I- PURPOSE

The purpose of this Compact is to facilitate the mobility of

Teachers across the Member States, with the goal of supporting

Teachers through a new pathway to licensure. Through this

Compact, the Member States seek to establish a collective

regulatory framework that expedites and enhances the ability of

Teachers to move across State lines.

This Compact is intended to achieve the following objectives

and should be interpreted accordingly. The Member States hereby

States;

D. Enhance the power of State and district level education

officials to hire qualified, competent Teachers by removing

barriers to the employment of out-of-state Teachers;

E. Support the retention of Teachers in the profession by

removing barriers to relicensure in a new State; and

F. Maintain State sovereignty in the regulation of the

teaching profession.

ARTICLE II- DEFINITIONS

As used in this Compact, and except as otherwise provided,

members of the National Guard and Reserve.

B. "Adverse Action" - means any limitation or restriction

imposed by a Member State's Licensing Authority, such as

revocation, suspension, reprimand, probation, or limitation on

the licensee's ability to work as a Teacher.

C. "Bylaws" - means those bylaws established by the

Commission.

D. "Career and Technical Education License" - means a

current, valid authorization issued by a Member State's

Licensing Authority allowing an individual to serve as a Teacher

in P-12 public educational settings in a specific career and

which membership consists of delegates of all States that have

enacted this Compact, and which is known as the Interstate

Teacher Mobility Compact Commission.

G. "Commissioner" - means the delegate of a Member State.

H. "Eligible License" - means a license to engage in the

teaching profession which requires at least a bachelor's degree

and the completion of a state approved program for Teacher

licensure.

I. "Eligible Military Spouse" - means the spouse of any

individual in full-time duty status in the active armed forces

a result of separation or retirement (to include surviving

spouses of deceased military members).

J. "Executive Committee" - means a group of Commissioners

elected or appointed to act on behalf of, and within the powers

granted to them by, the Commission as provided for herein.

K. "Licensing Authority" - means an official, agency, board,

or other entity of a State that is responsible for the licensing

and regulation of Teachers authorized to teach in P-12 public

educational settings.

L. "Member State" - means any State that has adopted this

Compact, including all agencies and officials of such a State.

United States, and the District of Columbia.

P. "State Practice Laws" - means a Member State's laws,

Rules, and regulations that govern the teaching profession,

define the scope of such profession, and create the methods and

grounds for imposing discipline.

Q. "State Specific Requirements" - means a requirement for

licensure covered in coursework or examination that includes

content of unique interest to the State.

R. "Teacher" - means an individual who currently holds an

authorization from a Member State that forms the basis for

S. "Unencumbered License" - means a current, valid

authorization issued by a Member State's Licensing Authority

allowing an individual to serve as a Teacher in P-12 public

educational settings. A Unencumbered License is not a

restricted, probationary, provisional, substitute or temporary

credential.

ARTICLE III- LICENSURE UNDER THE COMPACT

A. Licensure under this Compact pertains only to the initial

grant of a license by the Receiving State. Nothing herein

applies to any subsequent or ongoing compliance requirements

that a Receiving State might require for Teachers.

willing to grant to Teachers from other Member States, pending a

determination of equivalency by the Receiving State's Licensing

Authority.

C. Upon the receipt of an application for licensure by a

Teacher holding an Unencumbered Eligible License, the Receiving

State shall determine which of the Receiving State's Eligible

Licenses the Teacher is qualified to hold and shall grant such a

license or licenses to the applicant. Such a determination shall

be made in the sole discretion of the Receiving State's

Licensing Authority and may include a determination that the

Unencumbered License(s) that, in the Receiving State's sole

discretion, are equivalent to the license(s) held by the Teacher

in any other Member State.

D. For Active Military Members and Eligible Military Spouses

who hold a license that is not Unencumbered, the Receiving State

shall grant an equivalent license or licenses that, in the

Receiving State's sole discretion, is equivalent to the license

or licenses held by the Teacher in any other Member State,

except where the Receiving State does not have an equivalent

license.

E. For a Teacher holding an Unencumbered Career and Technical

Receiving State requires a bachelor's degree for licenses to

teach Career and Technical Education. A Receiving State may

require Career and Technical Education Teachers to meet State

industry recognized requirements, if required by law in the

Receiving State.

ARTICLE IV- LICENSURE NOT UNDER THE COMPACT

A. Except as provided in Article III above, nothing in this

Compact shall be construed to limit or inhibit the power of a

Member State to regulate licensure or endorsements overseen by

the Member State's Licensing Authority.

condition of licensure renewal or advancement in that State.

C. For the purposes of determining compensation, a Receiving

State may require additional information from Teachers receiving

a license under the provisions of this Compact.

D. Nothing in this Compact shall be construed to limit the

power of a Member State to control and maintain ownership of its

information pertaining to Teachers, or limit the application of

a Member State's laws or regulations governing the ownership,

use, or dissemination of information pertaining to Teachers.

E. Nothing in this Compact shall be construed to invalidate

or alter any existing agreement or other cooperative arrangement

2. Participate in the exchange of names of Teachers whose

license has been subject to an Adverse Action by a Member

State; or

3. Participate in any agreement or cooperative

arrangement with a non-Member State.

ARTICLE V- TEACHER QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE

UNDER THE COMPACT

A. Except as provided for Active Military Members or Eligible

Military Spouses in Article III.D above, a Teacher may only be

eligible to receive a license under this Compact where that

1. Upon their application to receive a license under this

Compact, undergo a criminal background check in the Receiving

State in accordance with the laws and regulations of the

Receiving State; and

2. Provide the Receiving State with information in

addition to the information required for licensure for the

purposes of determining compensation, if applicable.

ARTICLE VI- DISCIPLINE / ADVERSE ACTIONS

A. Nothing in this Compact shall be deemed or construed to

limit the authority of a Member State to investigate or impose

disciplinary measures on Teachers according to the State

thereof, in at least the same manner that it maintains its own

investigatory or disciplinary files and information. Prior to

disclosing any disciplinary or investigatory information

received from another Member State, the disclosing state shall

communicate its intention and purpose for such disclosure to the

Member State which originally provided that information.

ARTICLE VII- ESTABLISHMENT OF THE INTERSTATE TEACHER MOBILITY

COMPACT COMMISSION

A. The interstate compact Member States hereby create and

establish a joint public agency known as the Interstate Teacher

Teacher Mobility Compact.

2. Nothing in this interstate compact shall be construed

to be a waiver of sovereign immunity.

B. Membership, Voting, and Meetings

1. Each Member State shall have and be limited to one (1)

delegate to the Commission, who shall be given the title of

Commissioner.

2. The Commissioner shall be the primary administrative

officer of the State Licensing Authority or their designee.

3. Any Commissioner may be removed or suspended from

office as provided by the law of the state from which the

business and affairs of the Commission. A Commissioner shall

vote in person or by such other means as provided in the

Bylaws. The Bylaws may provide for Commissioners'

participation in meetings by telephone or other means of

communication.

6. The Commission shall meet at least once during each

calendar year. Additional meetings shall be held as set forth

in the Bylaws.

7. The Commission shall establish by Rule a term of

office for Commissioners.

liability caused by or arising out of any actual or

alleged act, error or omission that occurred, or that the

person against whom the claim is made had a reasonable

basis for believing occurred within the scope of

Commission employment, duties or responsibilities;

provided that nothing in this paragraph shall be

construed to protect any such person from suit or

liability for any damage, loss, injury, or liability

caused by the intentional or willful or wanton misconduct

of that person.

b. The Commission shall defend any member, officer,

reasonable basis for believing occurred within the scope

of Commission employment, duties, or responsibilities;

provided that nothing herein shall be construed to

prohibit that person from retaining his or her own

counsel; and provided further, that the actual or alleged

act, error, or omission did not result from that person's

intentional or willful or wanton misconduct.

c. The Commission shall indemnify and hold harmless

any member, officer, executive director, employee, or

representative of the Commission for the amount of any

employment, duties, or responsibilities, or that such

person had a reasonable basis for believing occurred

within the scope of Commission employment, duties, or

responsibilities, provided that the actual or alleged

act, error, or omission did not result from the

intentional or willful or wanton misconduct of that

person.

ARTICLE VIII- RULEMAKING

A. The Commission shall exercise its Rulemaking powers

pursuant to the criteria set forth in this interstate compact

and the Rules adopted thereunder. Rules and amendments shall

compact, or the powers granted hereunder, then such an action by

the Commission shall be invalid and have no force and effect of

law in the Member States.

C. If a majority of the legislatures of the Member States

rejects a Rule, by enactment of a statute or resolution in the

same manner used to adopt the compact within four (4) years of

the date of adoption of the Rule, then such Rule shall have no

further force and effect in any Member State.

D. Rules or amendments to the Rules shall be adopted or

ratified at a regular or special meeting of the Commission in

hours' notice, with opportunity to comment, provided that the

usual Rulemaking procedures shall be retroactively applied to

the Rule as soon as reasonably possible, in no event later than

ninety (90) days after the effective date of the Rule. For the

purposes of this provision, an emergency Rule is one that must

be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or

welfare.

2. Prevent a loss of Commission or Member State funds.

3. Meet a deadline for the promulgation of an

administrative Rule that is established by federal law or

consistent with generally accepted data protection principles.

B. Nothing in this compact shall be deemed or construed to

alter, limit, or inhibit the power of a Member State to control

and maintain ownership of its licensee information or alter,

limit, or inhibit the laws or regulations governing licensee

information in the Member State.

ARTICLE X- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight

1. The executive and judicial branches of State

government in each Member State shall enforce this Compact

2. Venue is proper and judicial proceedings by or against

the Commission shall be brought solely and exclusively in a

court of competent jurisdiction where the principal office of

the Commission is located. The Commission may waive venue and

jurisdictional defenses to the extent it adopts or consents

to participate in alternative dispute resolution proceedings.

Nothing herein shall affect or limit the selection or

propriety of venue in any action against a licensee for

professional malpractice, misconduct or any such similar

matter.

3. All courts and all administrative agencies shall take

4. The Commission shall be entitled to receive service of

process in any proceeding regarding the enforcement or

interpretation of the Compact and shall have standing to

intervene in such a proceeding for all purposes. Failure to

provide the Commission service of process shall render a

judgment or order void as to the Commission, this Compact, or

promulgated Rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a Member State has

defaulted in the performance of its obligations or

other Member States of the nature of the default, the

proposed means of curing the default or any other action

to be taken by the Commission; and

b. Provide remedial training and specific technical

assistance regarding the default.

C. If a State in default fails to cure the default, the

defaulting State may be terminate from the Compact upon an

affirmative vote of a majority of the Commissioners of the

Member States, and all rights, privileges and benefits conferred

on that State by this Compact may be terminated on the effective

date of termination. A cure of the default does not relieve the

minority leaders of the defaulting State's legislature, the

State Licensing Authority and each of the Member States.

E. A State that has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the

effective date of termination, including obligations that extend

beyond the effective date of termination.

F. The Commission shall not bear any costs related to a State

that is found to be in default or that has been terminated from

the Compact, unless agreed upon in writing between the

Commission and the defaulting State.

Commission has its principal offices. The prevailing party shall

be awarded all costs of such litigation, including reasonable

attorney's fees.

H. Dispute Resolution

1. Upon request by a Member State, the Commission shall

attempt to resolve disputes related to the Compact that arise

among Member States and between Member and non-Member States.

2. The Commission shall promulgate a Rule providing for

both binding and nonbinding alternative dispute resolution

for disputes as appropriate.

I. Enforcement

its principal offices against a Member State in default to

enforce compliance with the provisions of the Compact and its

promulgated Rules and Bylaws. The relief sought may include

both injunctive relief and damages. In the event judicial

enforcement is necessary, the prevailing party shall be

awarded all costs of such litigation, including reasonable

attorney's fees. The remedies herein shall not be the

exclusive remedies of the Commission. The Commission may

pursue any other remedies available under federal or State

law.

State.

1. On or after the effective date of the Compact, the

Commission shall convene and review the enactment of each of

the Charter Member States to determine if the statute enacted

by each such Charter Member State is materially different

from the model Compact statute.

2. A Charter Member State whose enactment is found to be

materially different from the model Compact statute shall be

entitled to the default process set forth in Article X.

3. Member States enacting the Compact subsequent to the

Charter Member States shall be subject to the process set

if the number of Member States should be less than ten.

C. Any State that joins the Compact after the Commission's

initial adoption of the Rules and Bylaws shall be subject to the

Rules and Bylaws as they exist on the date on which the Compact

becomes law in that State. Any Rule that has been previously

adopted by the Commission shall have the full force and effect

of law on the day the Compact becomes law in that State, as the

Rules and Bylaws may be amended as provided in this Compact.

D. Any Member State may withdraw from this Compact by

enacting a statute repealing the same.

2. Withdrawal shall not affect the continuing requirement

of the withdrawing State's Licensing Authority to comply with

the investigative and Adverse Action reporting requirements

of this act prior to the effective date of withdrawal.

E. This Compact may be amended by the Member States. No

amendment to this Compact shall become effective and binding

upon any Member State until it is enacted into the laws of all

Member States.

ARTICLE XII- CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed to effectuate the

purposes thereof. The provisions of this Compact shall be

applicability thereof to any government, agency, person, or

circumstance shall not be affected thereby. If this Compact

shall be held contrary to the constitution of any Member State,

the Compact shall remain in full force and effect as to the

remaining Member States and in full force and effect as to the

Member State affected as to all severable matters.

ARTICLE XIII- CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE

LAWS

A. Nothing herein shall prevent or inhibit the enforcement of

any other law of a Member State that is not inconsistent with

superseded to the extent of the conflict.

C. All permissible agreements between the Commission and the

Member States are binding in accordance with their terms.

Section 1203-B. When and how compact becomes operative.

(a) General rule.--When the Governor executes the Interstate

Teacher Mobility Compact on behalf of this State and files a

verified copy thereof with the Secretary of the Commonwealth and

when the compact is ratified by one or more other states, the

compact shall become operative and effective between this State

and such other state or states. The Governor is authorized and

directed to take such action as may be necessary to complete the

(a) are satisfied and shall include in the notice the date on

which the compact became effective and operative between this

State and any other state or states in accordance with this

article.

Section 1204-B. Compensation and expenses of commissioner.

The commissioner who represents this State, as provided for

in the Interstate Teacher Mobility Compact, shall not be

entitled to any additional compensation for his duties and

responsibilities as commissioner but shall be entitled to

reimbursement for reasonable expenses actually incurred in

Section 2. This act shall take effect in 60 days.