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HOUSE AMENDED
A03012
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
843
Session of
2023
INTRODUCED BY ARGALL, AUMENT, ROTHMAN, SCHWANK, YAW, LAUGHLIN,
COLEMAN, PENNYCUICK, DUSH, BROOKS AND PHILLIPS-HILL,
JUNE 26, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 14, 2023
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for Interstate Teacher
Mobility Compact. IN PRELIMINARY PROVISIONS, FURTHER
PROVIDING FOR BASIC EDUCATION FUNDING COMMISSION AND FOR
SPECIAL PROVISIONS APPLICABLE TO LIMITED SCHOOL YEARS AND
PROVIDING FOR PUBLIC JOB POSTING DATABASE, FOR INSTRUCTIONAL
VACANCY DATA AND FOR DATA TRANSPARENCY; IN GROUNDS AND
BUILDINGS, FURTHER PROVIDING FOR LIMITATION ON NEW
APPLICATIONS FOR DEPARTMENT OF EDUCATION APPROVAL OF PUBLIC
SCHOOL BUILDING PROJECTS; IN INTERMEDIATE UNITS, FURTHER
PROVIDING FOR SCHOOL SAFETY AND SECURITY ENHANCEMENTS; IN
CERTIFICATION OF TEACHERS, FURTHER PROVIDING FOR SUBSTITUTE
TEACHING PERMIT FOR PROSPECTIVE TEACHERS, FOR LOCALLY ISSUED
TEMPORARY CERTIFICATION FOR SUBSTITUTE TEACHERS AND FOR
PERMIT FOR CLASSROOM MONITORS; PROVIDING FOR INTERSTATE
TEACHER MOBILITY COMPACT AND FOR EDUCATOR PIPELINE SUPPORT
GRANT PROGRAM; IN SAFE SCHOOLS, FURTHER PROVIDING FOR
DEFINITIONS AND FOR OFFICE FOR SAFE SCHOOLS, REPEALING
PROVISIONS RELATING TO REGULATIONS AND TO REPORTING, FURTHER
PROVIDING FOR POLICY RELATING TO BULLYING AND FOR MAINTENANCE
OF RECORDS, REPEALING PROVISIONS RELATING TO SAFE SCHOOLS
ADVOCATE IN SCHOOL DISTRICTS OF THE FIRST CLASS, TO STANDING,
TO ENFORCEMENT AND TO CONSTRUCTION OF ARTICLE AND OTHER LAWS;
IN SCHOOL SAFETY AND SECURITY, FURTHER PROVIDING FOR
DEFINITIONS AND FOR SCHOOL SAFETY AND SECURITY COMMITTEE,
PROVIDING FOR DUTIES OF COMMITTEE, FURTHER PROVIDING FOR
SCHOOL SAFETY AND SECURITY GRANT PROGRAM, PROVIDING FOR
TARGETED SCHOOL SAFETY GRANTS FOR NONPUBLIC SCHOOLS AND
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SCHOOL ENTITIES PROGRAM, FOR STANDARDIZED PROTOCOLS, FOR
COUNTY SAFE SCHOOLS' COLLABORATIVE AND FOR SCHOOL MENTAL
HEALTH GRANTS FOR 2023-2024 SCHOOL YEAR, FURTHER PROVIDING
FOR SCHOOL SAFETY AND SECURITY COORDINATOR TRAINING AND
PROVIDING FOR REPORTING AND MEMORANDUM OF UNDERSTANDING, FOR
SAFE SCHOOLS ADVOCATE IN SCHOOL DISTRICTS OF THE FIRST CLASS
AND FOR ENFORCEMENT; IN SCHOOL SECURITY, FURTHER PROVIDING
FOR DEFINITIONS, FOR SCHOOL POLICE OFFICERS, FOR ANNUAL
REPORT AND FOR SCHOOL SECURITY GUARDS; IN DRUG AND ALCOHOL
RECOVERY HIGH SCHOOL PROGRAM, FURTHER PROVIDING FOR SCOPE OF
PROGRAM AND SELECTION OF STUDENTS, PROVIDING FOR ENROLLMENT
OF STUDENTS AND REPEALING PROVISIONS RELATING TO further
providing for ACADEMIC PROGRAMS; IN EARLY LEARNING PROGRAMS,
PROVIDING FOR QUARTERLY REPORTING; IN HIGH SCHOOLS, FURTHER
PROVIDING FOR ATTENDANCE IN OTHER DISTRICTS; IN COMMUNITY
COLLEGES, FURTHER PROVIDING FOR FINANCIAL PROGRAM AND
REIMBURSEMENT OF PAYMENTS; IN FUNDING FOR PUBLIC LIBRARIES,
PROVIDING FOR STATE AID FOR FISCAL YEAR 2023-2024; IN
REIMBURSEMENTS BY COMMONWEALTH AND BETWEEN SCHOOL DISTRICTS,
FURTHER PROVIDING FOR PAYMENTS ON ACCOUNT OF PUPILS ENROLLED
IN CAREER AND TECHNICAL CURRICULUMS, FOR PAYMENTS TO
INTERMEDIATE UNITS, FOR ASSISTANCE TO SCHOOL DISTRICTS
DECLARED TO BE IN FINANCIAL RECOVERY STATUS OR IDENTIFIED FOR
FINANCIAL WATCH STATUS, FOR READY-TO-LEARN BLOCK GRANT AND
FOR PAYMENT OF REQUIRED CONTRIBUTION FOR PUBLIC SCHOOL
EMPLOYEES' SOCIAL SECURITY; in construction and renovation of
buildings by school entities, further providing for
applicability; AND MAKING AN EDITORIAL CHANGE.
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 1. SECTIONS 123(K)(2) AND 129 OF THE ACT OF MARCH
10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF
1949, ARE AMENDED TO READ:
SECTION 123. BASIC EDUCATION FUNDING COMMISSION.--* * *
(K) * * *
(2) NOTWITHSTANDING PARAGRAPH (1), THE COMMISSION SHALL BE
RECONSTITUTED JULY 1, 2022, AND SHALL ISSUE THE REPORT TO THE
RECIPIENTS LISTED IN SUBSECTION (I)(12) NOT LATER THAN [NOVEMBER
30, 2023] JANUARY 11, 2024.
* * *
SECTION 129. SPECIAL PROVISIONS APPLICABLE TO LIMITED SCHOOL
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YEARS.--NOTWITHSTANDING ANY PROVISION OF LAW OR REGULATION TO
THE CONTRARY, [FOR THE 2021-2022 AND 2022-2023 SCHOOL YEARS,]
IF, IN THE JUDGMENT OF A SCHOOL EMPLOYER, AN EMERGENCY OR
SHORTAGE OF DAY-TO-DAY SUBSTITUTE TEACHERS EXISTS UNDER 24
PA.C.S. § 8346(B) (RELATING TO TERMINATION OF ANNUITIES), THE
SCHOOL EMPLOYER MAY HIRE AN ANNUITANT, AS DEFINED IN 24 PA.C.S.
§ 8102 (RELATING TO DEFINITIONS), REGARDLESS OF WHETHER THE
SCHOOL EMPLOYER FIRST ATTEMPTS TO SECURE NONRETIRED PERSONNEL,
EXCEPT THAT THE SCHOOL EMPLOYER SHALL COMPLY WITH SECTION
1125.1(D)(2) BY FIRST OFFERING THE WORK TO ANY CERTIFIED
PROFESSIONAL EMPLOYE ON A RECALL LIST. THE PROVISIONS OF 24
PA.C.S. § 8346(B) REGARDING THE CONTINUATION OF ANNUITY OR
DISTRIBUTIONS TO AN ANNUITANT WHO RETURNS TO SCHOOL SERVICE
DURING AN EMERGENCY SHALL APPLY TO ANNUITANTS HIRED UNDER THIS
SECTION. NOTHING UNDER THIS SECTION SHALL SUPERSEDE OR PREEMPT A
PROVISION OF AN EXISTING COLLECTIVE BARGAINING AGREEMENT BETWEEN
A SCHOOL EMPLOYER AND AN EXCLUSIVE REPRESENTATIVE OF THE
EMPLOYES UNDER THE ACT OF JULY 23, 1970 (P.L.563, NO.195), KNOWN
AS THE "PUBLIC EMPLOYE RELATIONS ACT."
SECTION 1.1. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 130. PUBLIC JOB POSTING DATABASE.--(A) THE
DEPARTMENT SHALL ESTABLISH AND MAINTAIN A PUBLIC DATABASE FOR
SCHOOL ENTITIES OR NONPUBLIC SCHOOLS TO VOLUNTARILY ADVERTISE
EMPLOYE VACANCIES ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE
INTERNET WEBSITE. THE DATABASE SHALL, AT A MINIMUM:
(1) ALLOW A SCHOOL ENTITY OR NONPUBLIC SCHOOL TO POST IN
REAL TIME AN EMPLOYE VACANCY. THE DEPARTMENT SHALL DETERMINE
INFORMATION TO BE REQUIRED AS PART OF A POSTING.
(2) PROVIDE FOR A TIME-LIMITED EXPIRATION OF A POSTING MADE
BY A SCHOOL ENTITY OR NONPUBLIC SCHOOL.
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(3) BE SEARCHABLE BY, AT A MINIMUM, COUNTY, INTERMEDIATE
UNIT, SCHOOL ENTITY, GRADE LEVEL, EMPLOYE TYPE AND ACADEMIC
CONTENT AREA.
(4) BE MADE AVAILABLE AT NO COST TO A SCHOOL ENTITY,
NONPUBLIC SCHOOL OR PROSPECTIVE EMPLOYE.
(B) A SCHOOL ENTITY OR NONPUBLIC SCHOOL MAY SUBMIT A POSTING
TO THE DATABASE ESTABLISHED UNDER SUBSECTION (A) FOR AN OPEN
POSITION OR AN ANTICIPATED OPEN POSITION.
(C) THE DEPARTMENT MAY CONTRACT WITH A THIRD PARTY TO
OPERATE THE DATABASE ESTABLISHED UNDER SUBSECTION (A).
(D) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"EMPLOYE." THE FOLLOWING:
(1) A "PROFESSIONAL EMPLOYE" AS DEFINED IN SECTION 1101(1).
(2) A PARAPROFESSIONAL OR EDUCATIONAL INTERPRETER AS
DESCRIBED UNDER 22 PA. CODE § 14.105 (RELATING TO PERSONNEL).
(3) ANY OTHER EMPLOYE IN A SCHOOL ENTITY OR NONPUBLIC SCHOOL
AS DETERMINED BY THE DEPARTMENT.
"NONPUBLIC SCHOOL." AS DEFINED IN SECTION 923.3-A(B).
"SCHOOL ENTITY." A SCHOOL DISTRICT, CHARTER SCHOOL, REGIONAL
CHARTER SCHOOL, INTERMEDIATE UNIT OR AREA CAREER AND TECHNICAL
SCHOOL OPERATING WITHIN THIS COMMONWEALTH.
SECTION 131. INSTRUCTIONAL VACANCY DATA.--(A) THE
DEPARTMENT SHALL REQUIRE A SCHOOL ENTITY TO SUBMIT CERTAIN
INFORMATION RELATING TO INSTRUCTIONAL VACANCIES, INCLUDING, AT A
MINIMUM, THE NUMBER OF INSTRUCTIONAL VACANCIES, THE NUMBER OF
EMERGENCY PERMITS UTILIZED BY A SCHOOL ENTITY AND THE NUMBER OF
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POSITIONS OCCUPIED BY LONG-TERM SUBSTITUTES. THE DEPARTMENT
SHALL DETERMINE THE FORM AND MANNER IN WHICH THE INFORMATION IS
TO BE SUBMITTED BY A SCHOOL ENTITY. TO THE BEST EXTENT POSSIBLE,
THE DEPARTMENT SHALL UTILIZE EXISTING REPORTING METHODS TO
COLLECT THIS DATA. BY AUGUST 31, 2024, AND EACH AUGUST 31
THEREAFTER, EACH SCHOOL ENTITY SHALL REPORT THE FOLLOWING TO THE
DEPARTMENT:
(1) THE TOTAL BUDGETED COMPLEMENT OF INSTRUCTIONAL EMPLOYES
FOR THAT FISCAL YEAR AND VACANCIES INCLUDED IN THE FINAL ADOPTED
BUDGET OF A BOARD OF SCHOOL DIRECTORS.
(2) THE QUARTERLY AVERAGE NUMBER OF INSTRUCTIONAL EMPLOYE
VACANCIES THE SCHOOL ENTITY HAD DURING THE SCHOOL YEAR.
(B) THE DEPARTMENT SHALL MAINTAIN THE INFORMATION COLLECTED
UNDER SUBSECTION (A) ON ITS PUBLICLY ACCESSIBLE INTERNET
WEBSITE.
(C) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"SCHOOL ENTITY." A SCHOOL DISTRICT, CHARTER SCHOOL, REGIONAL
CHARTER SCHOOL, INTERMEDIATE UNIT OR AREA CAREER AND TECHNICAL
SCHOOL OPERATING WITHIN THIS COMMONWEALTH.
SECTION 132. DATA TRANSPARENCY.--(A) TO THE EXTENT THAT
FUNDING IS MADE AVAILABLE, NO LATER THAN DECEMBER 31 OF EACH
YEAR, THE DEPARTMENT SHALL POST ON ITS PUBLICLY ACCESSIBLE
INTERNET WEBSITE DATA RELATED TO THE EDUCATOR WORKFORCE IN THIS
COMMONWEALTH THAT ALLOWS MEMBERS OF THE PUBLIC TO VIEW,
DISAGGREGATE AND MANIPULATE THE FOLLOWING DATA IF COLLECTED BY
THE DEPARTMENT:
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(1) EDUCATOR SUPPLY DATA, INCLUDING EDUCATOR PREPARATION
PROVIDER ENROLLMENT AND COMPLETION DATA AND EDUCATION
PROFESSIONAL CERTIFICATES ISSUED BY THE DEPARTMENT,
DISAGGREGATED BY CATEGORIES, INCLUDING PROGRAM, CERTIFICATION
AREA AND DEMOGRAPHIC INFORMATION.
(2) EDUCATOR DEMAND DATA, INCLUDING CURRENT EDUCATOR
WORKFORCE NUMBERS, UNFILLED POSITIONS AND RATES, NEW HIRES AND
EMERGENCY PERMITS OR OUT-OF-FIELD EDUCATORS, DISAGGREGATED BY
CATEGORIES, INCLUDING SCHOOL ENTITY, SCHOOL, SPECIFIC
ASSIGNMENT, CERTIFICATION AREA, TYPE OF EMERGENCY PERMIT AND
DEMOGRAPHIC INFORMATION.
(3) EDUCATOR PREPARATION PROGRAM OUTCOMES DATA, INCLUDING
DATA ON PERCENTAGE OF PROGRAM ENROLLEES WHO:
(I) COMPLETE THE PROGRAM.
(II) PASS THE CERTIFICATION TEST ON THE FIRST TIME AND
OVERALL.
(III) RECEIVE CERTIFICATION.
(IV) ARE EMPLOYED BY A SCHOOL ENTITY IN YEARS ONE THROUGH
FIVE.
(V) ARE RETAINED BY A SCHOOL ENTITY IN YEARS ONE THROUGH
FIVE.
(4) EDUCATOR RETENTION AT ONE-YEAR, THREE-YEAR AND FIVE-YEAR
RATES, DISAGGREGATED BY CATEGORIES, INCLUDING SCHOOL ENTITY,
SCHOOL, SPECIFIC ASSIGNMENT, CERTIFICATION AREA, TYPE OF
EMERGENCY PERMIT AND DEMOGRAPHIC INFORMATION.
(B) THE DEPARTMENT MAY CONTRACT WITH AN OUTSIDE ORGANIZATION
TO MEET THE REQUIREMENTS OF THIS SECTION.
(C) NO LATER THAN DECEMBER 15, 2023, AND EACH DECEMBER 15
THEREAFTER, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT
OF LABOR AND INDUSTRY, SHALL ISSUE A REPORT TO THE GOVERNOR AND
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GENERAL ASSEMBLY ON THE EDUCATOR WORKFORCE IN THIS COMMONWEALTH.
THE REPORT SHALL BE POSTED ON THE DEPARTMENT'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE. THE REPORT SHALL INCLUDE
INFORMATION ON:
(1) TRENDS IN EDUCATOR SUPPLY AND EDUCATOR PREPARATION
PROVIDER EFFECTIVENESS, INCLUDING RECOMMENDATIONS FOR ATTRACTING
MORE HIGH-QUALITY AND DIVERSE TEACHER CANDIDATES AND IMPROVING
THE QUALITY OF EDUCATOR PREPARATION IN THIS COMMONWEALTH.
(2) THE EDUCATOR POSITIONS, BY CERTIFICATION AREA, IN HIGH
DEMAND IN THIS COMMONWEALTH AND THE LOCATION OF EXISTING
VACANCIES BY SCHOOL ENTITY.
(3) PROJECTIONS OF SHORTAGE AREAS AND SUBJECTS IN THE
UPCOMING THREE TO FIVE YEARS AND RECOMMENDATIONS FOR ADDRESSING
THESE SHORTAGES.
(4) OVERALL AND DISAGGREGATED TRENDS IN EDUCATOR RETENTION,
INCLUDING RECOMMENDATIONS FOR IMPROVING RETENTION.
(D) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE :
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"SCHOOL ENTITY." A SCHOOL DISTRICT, CYBER CHARTER SCHOOL,
CHARTER SCHOOL, REGIONAL CHARTER SCHOOL, AREA CAREER AND
TECHNICAL SCHOOL OR INTERMEDIATE UNIT.
SECTION 1.2. SECTION 732.1(A) OF THE ACT, AMENDED JULY 8,
2022 (P.L.620, NO.55), IS AMENDED TO READ:
SECTION 732.1. LIMITATION ON NEW APPLICATIONS FOR DEPARTMENT
OF EDUCATION APPROVAL OF PUBLIC SCHOOL BUILDING PROJECTS.--(A)
FOR THE 2012-2013 FISCAL YEAR, 2013-2014 FISCAL YEAR, 2017-2018
FISCAL YEAR, 2018-2019 FISCAL YEAR, 2019-2020 FISCAL YEAR, 2020-
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2021 FISCAL YEAR, 2021-2022 FISCAL YEAR [AND], 2022-2023 FISCAL
YEAR AND EACH FISCAL YEAR THEREAFTER, THE DEPARTMENT OF
EDUCATION SHALL NOT ACCEPT OR APPROVE NEW SCHOOL BUILDING
CONSTRUCTION OR RECONSTRUCTION PROJECT APPLICATIONS UNDER THIS
ARTICLE.
* * *
SECTION 2. THE DEFINITION OF "SCHOOL SAFETY AND SECURITY
ENHANCEMENTS" IN SECTION 923.3-A(B) AND SUBSECTION (C) OF THE
ACT ARE AMENDED TO READ:
SECTION 923.3-A. SCHOOL SAFETY AND SECURITY ENHANCEMENTS.-*
* *
(B) DEFINITIONS. AS USED IN THIS SECTION:
* * *
"SCHOOL SAFETY AND SECURITY ENHANCEMENTS" MEANS PROGRAMS
WHICH ARE DESIGNED TO ADDRESS SCHOOL SAFETY AND SECURITY AND
LISTED IN SECTION [1302-A(C)] 1306.1-B(J), WHICH ARE SECULAR AND
NONIDEOLOGICAL IN NATURE.
(C) PROGRAM OF SCHOOL SAFETY AND SECURITY ENHANCEMENTS. A
PROGRAM OF SCHOOL SECURITY ENHANCEMENTS SHALL BE PROVIDED BY AN
INTERMEDIATE UNIT IN WHICH A NONPUBLIC SCHOOL IS LOCATED, IN
ACCORDANCE WITH STANDARDS DEVELOPED BY THE [SECRETARY OF
EDUCATION IN CONSULTATION WITH THE OFFICE OF SAFE SCHOOLS AND
THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY.] SCHOOL
SAFETY AND SECURITY COMMITTEE ESTABLISHED UNDER SECTION 1302-B
IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION. THROUGH THE
PROGRAM, AN INTERMEDIATE UNIT SHALL MAKE APPLICATION FOR SCHOOL
SAFETY AND SECURITY ENHANCEMENTS UPON THE REQUEST OF A NONPUBLIC
SCHOOL OR COMBINATION OF NONPUBLIC SCHOOLS LOCATED WITHIN THE
INTERMEDIATE UNIT. SCHOOL SAFETY AND SECURITY ENHANCEMENTS FOR
WHICH GRANTS ARE RECEIVED SHALL BE PROVIDED FOR OR CONTRACTED
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FOR DIRECTLY BY THE INTERMEDIATE UNIT OR LOANED BY THE
INTERMEDIATE UNIT TO THE NONPUBLIC SCHOOL.
* * *
SECTION 3. SECTION 1201.1(3) OF THE ACT IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
SECTION 1201.1. SUBSTITUTE TEACHING PERMIT FOR PROSPECTIVE
TEACHERS.--AN INDIVIDUAL WHO DOES NOT HOLD A CERTIFICATE UNDER
SECTION 1201 SHALL BE ELIGIBLE TO TEACH AS A SUBSTITUTE IN A
SCHOOL DISTRICT, AN AREA CAREER AND TECHNICAL SCHOOL OR AN
INTERMEDIATE UNIT PROVIDED THAT:
* * *
(3) AN INDIVIDUAL RECEIVING A SUBSTITUTE TEACHING PERMIT FOR
PROSPECTIVE TEACHERS MAY SERVE AS A SUBSTITUTE TEACHER FOR NO
MORE THAN TEN (10) DAYS PER SCHOOL YEAR FOR A SINGLE
PROFESSIONAL EMPLOYE OR TEMPORARY PROFESSIONAL EMPLOYE, PROVIDED
THAT THE INDIVIDUAL MAY SERVE AS A SUBSTITUTE FOR MULTIPLE
PROFESSIONAL EMPLOYES OR TEMPORARY PROFESSIONAL EMPLOYES FOR NO
MORE THAN TWENTY (20) DAYS PER SCHOOL YEAR. [FOR THE 2021-2022
AND 2022-2023] SUBJECT TO PARAGRAPH (3.1), FOR THE 2023-2024,
2024-2025 AND 2025-2026 SCHOOL YEARS, THE NUMBER OF DAYS OR
HOURS PER SCHOOL YEAR FOR WHICH AN INDIVIDUAL RECEIVING A PERMIT
UNDER THIS SECTION MAY SERVE AS A SUBSTITUTE TEACHER SHALL NOT
BE LIMITED, EXCEPT FOR AN INDIVIDUAL WHO IS UNDERTAKING A
STUDENT TEACHER PROGRAM AS REQUIRED UNDER 22 PA. CODE §
354.25(F) (RELATING TO PREPARATION PROGRAM CURRICULUM) FOR
EDUCATOR PREPARATION PROGRAMS.
(3.1) DURING AN INDIVIDUAL'S STUDENT TEACHER PROGRAM
REQUIRED UNDER 22 PA. CODE § 354.25(F) (RELATING TO PREPARATION
PROGRAM CURRICULUM) FOR EDUCATOR PREPARATION PROGRAMS, THE
INDIVIDUAL MAY SERVE AS A SUBSTITUTE TEACHER FOR NO MORE THAN
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TEN (10) DAYS IN THE INDIVIDUAL'S ASSIGNED CLASSROOM OR
CLASSROOMS OR FOR OTHER TEACHERS WITHIN THE BUILDING OR
BUILDINGS IN WHICH THE INDIVIDUAL HAS BEEN PLACED AS A STUDENT
TEACHER.
* * *
SECTION 4. SECTION 1215 OF THE ACT IS AMENDED TO READ:
SECTION 1215. LOCALLY ISSUED TEMPORARY CERTIFICATION FOR
SUBSTITUTE TEACHERS.--A TEMPORARY SUBSTITUTE TEACHER CERTIFICATE
MAY BE ISSUED BY A PUBLIC SCHOOL ENTITY TO AN INDIVIDUAL WHO
PRESENTS A LETTER FROM A COLLEGE OR UNIVERSITY VERIFYING THAT
THE INDIVIDUAL HAS COMPLETED AN APPROVED TEACHER PREPARATION
PROGRAM, HAS SUCCESSFULLY COMPLETED THE CERTIFICATION TESTING
REQUIREMENTS OR IS IN THE PROCESS OF SCHEDULING THE REQUIRED
CERTIFICATION TESTING AND HAS COMPLETED ALL REQUIREMENTS FOR THE
AWARDING OF A BACHELOR'S DEGREE ON A DATE CERTAIN. THE TEMPORARY
SUBSTITUTE TEACHER CERTIFICATE SHALL ONLY BE USED FOR DAY-TO-DAY
ASSIGNMENTS AND SHALL EXPIRE UPON THE TERMINATION OF ANY SUMMER
SCHOOL CONDUCTED IN THE SUMMER WHICH FOLLOWS THE DATE OF
ISSUANCE OR UPON THE RECEIPT OF INSTRUCTIONAL I CERTIFICATION BY
THE INDIVIDUAL. [FOR THE 2021-2022 AND 2022-2023 SCHOOL YEARS,
THE] THE TEMPORARY SUBSTITUTE TEACHER CERTIFICATE ISSUED UNDER
THIS SECTION MAY BE USED FOR ASSIGNMENTS OF MORE THAN TWENTY
(20) CONSECUTIVE DAYS TO FILL A POSITION DUE TO THE ABSENCE OF
PROFESSIONAL CERTIFIED PERSONNEL.
SECTION 5. SECTION 1218 OF THE ACT, EXPIRED JUNE 30, 2023,
IS REPEALED:
[SECTION 1218. PERMIT FOR CLASSROOM MONITORS.--(A) A SCHOOL
ENTITY MAY REQUEST THAT THE DEPARTMENT ISSUE A CLASSROOM MONITOR
PERMIT TO ALLOW AN INDIVIDUAL TO DELIVER TO STUDENTS ASSIGNMENTS
THAT ARE PREPLANNED BY A PROFESSIONAL EMPLOYE OR TEMPORARY
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PROFESSIONAL EMPLOYE. A CLASSROOM MONITOR MAY NOT PLAN LESSONS
OR CREATE OR GRADE STUDENT WORK.
(B) AN INDIVIDUAL RECEIVING A PERMIT UNDER SUBSECTION (A)
SHALL SATISFY ALL OF THE FOLLOWING:
(1) HAS COMPLETED AT LEAST SIXTY (60) SEMESTER HOURS OR THE
EQUIVALENT OF COURSES AT A COLLEGE OR UNIVERSITY LOCATED IN THIS
COMMONWEALTH AND ACCREDITED BY A REGIONAL ACCREDITING AGENCY, OR
HAS AT LEAST THREE (3) YEARS' EXPERIENCE AS A PARAPROFESSIONAL
IN A SCHOOL ENTITY AND IS CURRENTLY EMPLOYED AS A
PARAPROFESSIONAL IN A SCHOOL ENTITY.
(2) HAS MET THE REQUIREMENTS UNDER SECTIONS 111, 111.1 AND
1109(A) AND 23 PA.C.S. CH. 63 SUBCH. C (RELATING TO POWERS AND
DUTIES OF DEPARTMENT).
(3) HAS ATTAINED A MINIMUM AGE OF TWENTY-FIVE (25) YEARS.
(4) HAS COMPLETED TRAINING ON CLASSROOM MANAGEMENT PROVIDED
BY AN INTERMEDIATE UNIT AND APPROVED BY THE DEPARTMENT.
(C) AN INDIVIDUAL RECEIVING A PERMIT UNDER THIS SECTION WHO
IS ALREADY EMPLOYED BY THE SCHOOL ENTITY AS A PARAPROFESSIONAL
SHALL RECEIVE THE HIGHER OF THE INDIVIDUAL'S EXISTING
CONTRACTUAL COMPENSATION OR THE COMPENSATION ESTABLISHED BY THE
SCHOOL ENTITY FOR DAY-TO-DAY SUBSTITUTE TEACHERS.
(D) EACH SCHOOL ENTITY THAT USES THE SERVICES OF A CLASSROOM
MONITOR UNDER THIS SECTION SHALL ENSURE THAT EACH STUDENT WHO
RECEIVES SERVICES UNDER AN INDIVIDUALIZED EDUCATION PROGRAM
UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (PUBLIC
LAW 91-230, 20 U.S.C. § 1400 ET SEQ.) RECEIVES A FREE AND
APPROPRIATE PUBLIC EDUCATION AS REQUIRED UNDER THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT.
(E) EACH SCHOOL ENTITY SHALL REPORT TO THE DEPARTMENT THE
FOLLOWING BY MARCH 31, 2023:
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(1) THE NUMBER OF INDIVIDUALS WHO SERVED AS CLASSROOM
MONITORS UNDER THIS SECTION AND THE NUMBER OF DAYS ON WHICH THE
SCHOOL ENTITY USED THE SERVICES OF CLASSROOM MONITORS.
(2) THE SCHOOL ENTITY'S DAY-TO-DAY SUBSTITUTE TEACHER
COMPENSATION RATES IN THE 2020-2021, 2021-2022 AND 2022-2023
SCHOOL YEARS. FOR A SCHOOL ENTITY THAT USES A THIRD-PARTY ENTITY
TO PROVIDE SUBSTITUTE TEACHERS, THE RATE REPORTED BY THE SCHOOL
ENTITY SHALL BE THE TAKE-HOME AMOUNT RECEIVED BY AN INDIVIDUAL,
EXCLUDING THE PORTION PAID TO THE THIRD-PARTY ENTITY. THE
DEPARTMENT SHALL ISSUE RULES NECESSARY TO EFFECTUATE THIS
SUBSECTION.
(F) BY APRIL 15, 2023, THE DEPARTMENT SHALL ISSUE A REPORT
ON THE EFFECTIVENESS OF THE CLASSROOM MONITOR PERMIT AND
RECOMMENDATIONS FOR IMPROVEMENT OR CONTINUATION OF THE PERMIT.
THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE INFORMATION
REPORTED TO THE DEPARTMENT UNDER SUBSECTION (E) AND A FORMAL
EVALUATION OF THE PERMIT AND ITS EFFECTIVENESS BY AN INDEPENDENT
RESEARCH ORGANIZATION WHICH MAY INCLUDE A COLLEGE OR UNIVERSITY
ACCREDITED BY A REGIONAL ACCREDITING AGENCY. THE REPORT SHALL BE
SUBMITTED TO THE GENERAL ASSEMBLY AND THE STATE BOARD AND SHALL
BE POSTED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET
WEBSITE.
(G) THIS SECTION SHALL EXPIRE ON JUNE 30, 2023.]
SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1218.1. PERMIT FOR CLASSROOM MONITORS.--(A) A
SCHOOL ENTITY MAY REQUEST THAT THE DEPARTMENT ISSUE A CLASSROOM
MONITOR PERMIT TO ALLOW AN INDIVIDUAL TO DELIVER TO STUDENTS
ASSIGNMENTS THAT ARE PREPLANNED BY A PROFESSIONAL EMPLOYE OR
TEMPORARY PROFESSIONAL EMPLOYE. A CLASSROOM MONITOR MAY NOT PLAN
LESSONS OR CREATE OR GRADE STUDENT WORK.
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(B) AN INDIVIDUAL RECEIVING A PERMIT UNDER SUBSECTION (A)
SHALL SATISFY ALL OF THE FOLLOWING:
(1) HAS COMPLETED AT LEAST SIXTY (60) SEMESTER HOURS OR THE
EQUIVALENT OF COURSES AT A COLLEGE OR UNIVERSITY LOCATED IN THIS
COMMONWEALTH AND ACCREDITED BY A REGIONAL ACCREDITING AGENCY OR
HAS AT LEAST THREE (3) YEARS' EXPERIENCE AS A PARAPROFESSIONAL
IN A SCHOOL ENTITY AND IS CURRENTLY EMPLOYED AS A
PARAPROFESSIONAL IN A SCHOOL ENTITY.
(2) HAS MET THE REQUIREMENTS UNDER SECTIONS 111, 111.1 AND
1109(A) AND 23 PA.C.S. CH. 63 SUBCH. C (RELATING TO POWERS AND
DUTIES OF DEPARTMENT).
(3) HAS ATTAINED A MINIMUM AGE OF TWENTY-FIVE (25) YEARS.
(4) HAS COMPLETED TRAINING ON CLASSROOM MANAGEMENT PROVIDED
BY AN INTERMEDIATE UNIT AND APPROVED BY THE DEPARTMENT.
(C) AN INDIVIDUAL RECEIVING A PERMIT UNDER THIS SECTION WHO
IS ALREADY EMPLOYED BY THE SCHOOL ENTITY AS A PARAPROFESSIONAL
SHALL RECEIVE THE HIGHER OF THE INDIVIDUAL'S EXISTING
CONTRACTUAL COMPENSATION OR THE COMPENSATION ESTABLISHED BY THE
SCHOOL ENTITY FOR DAY-TO-DAY SUBSTITUTE TEACHERS.
(D) EACH SCHOOL ENTITY THAT USES THE SERVICES OF A CLASSROOM
MONITOR UNDER THIS SECTION SHALL ENSURE THAT EACH STUDENT WHO
RECEIVES SERVICES UNDER AN INDIVIDUALIZED EDUCATION PROGRAM
UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (PUBLIC
LAW 91-230, 20 U.S.C. § 1400 ET SEQ.) RECEIVES A FREE AND
APPROPRIATE PUBLIC EDUCATION AS REQUIRED UNDER THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT.
(E) EACH SCHOOL ENTITY SHALL REPORT TO THE DEPARTMENT THE
FOLLOWING BY MARCH 31, 2026:
(1) THE NUMBER OF INDIVIDUALS WHO SERVED AS CLASSROOM
MONITORS UNDER THIS SECTION AND THE NUMBER OF DAYS ON WHICH THE
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SCHOOL ENTITY USED THE SERVICES OF CLASSROOM MONITORS.
(2) THE SCHOOL ENTITY'S DAY-TO-DAY SUBSTITUTE TEACHER
COMPENSATION RATES IN EACH OF THE SCHOOL YEARS FROM 2020-2021
THROUGH 2025-2026. FOR A SCHOOL ENTITY THAT USES A THIRD-PARTY
ENTITY TO PROVIDE SUBSTITUTE TEACHERS, THE RATE REPORTED BY THE
SCHOOL ENTITY SHALL BE THE TAKE-HOME AMOUNT RECEIVED BY AN
INDIVIDUAL, EXCLUDING THE PORTION PAID TO THE THIRD-PARTY
ENTITY. THE DEPARTMENT SHALL ISSUE RULES NECESSARY TO EFFECTUATE
THIS SUBSECTION.
(F) BY APRIL 15, 2026, THE DEPARTMENT SHALL ISSUE A REPORT
ON THE EFFECTIVENESS OF THE CLASSROOM MONITOR PERMIT AND
RECOMMENDATIONS FOR IMPROVEMENT OR CONTINUATION OF THE PERMIT.
THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE INFORMATION
REPORTED TO THE DEPARTMENT UNDER SUBSECTION (E) AND A FORMAL
EVALUATION OF THE PERMIT AND ITS EFFECTIVENESS BY AN INDEPENDENT
RESEARCH ORGANIZATION WHICH MAY INCLUDE A COLLEGE OR UNIVERSITY
ACCREDITED BY A REGIONAL ACCREDITING AGENCY. THE REPORT SHALL BE
SUBMITTED TO THE GENERAL ASSEMBLY AND THE STATE BOARD AND SHALL
BE POSTED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET
WEBSITE.
(G) THIS SECTION SHALL EXPIRE ON JUNE 30, 2026.
SECTION 7. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
ARTICLE XII-B
INTERSTATE TEACHER MOBILITY COMPACT
Section 1201-B. Scope of article.
This article relates to the Interstate Teacher Mobility
Compact.
Section 1202-B. Authority to execute compact.
The Governor of Pennsylvania, on behalf of this State, is
authorized to execute a compact in substantially the following
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form with any one or more of the states of the United States and
the General Assembly hereby signifies in advance its approval
and ratification of the compact:
INTERSTATE TEACHER MOBILITY 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
ratify the same intentions by subscribing hereto.
A. Create a streamlined pathway to licensure mobility for
Teachers;
B. Support the relocation of Eligible Military Spouses;
C. Facilitate and enhance the exchange of licensure,
investigative, and disciplinary information between the Member
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,
the following definitions shall govern the terms herein:
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A. "Active Military Member" - means any person with full-time
duty status in the armed forces of the United States, including
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
technical education area.
E. "Charter Member States" - means a Member State that has
enacted legislation to adopt this Compact where such legislation
predates the initial meeting of the Commission after the
effective date of the Compact.
F. "Commission" - means the interstate administrative body
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
of the United States including members of the National Guard and
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Reserve moving as a result of a military mission or military
career progression requirements or are on their terminal move as
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.
M. "Receiving State" - means any State where a Teacher has
applied for licensure under this Compact.
N. "Rule" - means any regulation promulgated by the
Commission under this Compact, which shall have the force of law
in each Member State.
O. "State" - means a state, territory, or possession of the
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
employment in the P-12 public schools of the State to provide
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instruction in a specific subject area, grade level, or student
population.
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.
B. Each Member State shall, in accordance with the Rules of
the Commission, define, compile, and update as necessary, a list
of Eligible Licenses and Career and Technical Education Licenses
that the Member State is willing to consider for equivalency
under this Compact and provide the list to the Commission. The
list shall include those licenses that a Receiving State is
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
applicant is not eligible for any of the Receiving State's
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Eligible Licenses. For all Teachers who hold an Unencumbered
License, the Receiving State shall grant one or more
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
Education License, the Receiving State shall grant an
Unencumbered License equivalent to the Career and Technical
Education License held by the applying Teacher and issued by
another Member State, as determined by the Receiving State in
its sole discretion, except where a Career and Technical
Education Teacher does not hold a bachelor's degree and the
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.
B. When a Teacher is required to renew a license received
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pursuant to this Compact, the State granting such a license may
require the Teacher to complete State Specific Requirements as a
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
which a Member State may already be a party to, or limit the
ability of a Member State to participate in any future agreement
or other cooperative arrangement to:
1. Award teaching licenses or other benefits based on
additional professional credentials, including, but not
limited to National Board Certification;
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
Teacher holds an Unencumbered License in a Member State.
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B. A Teacher eligible to receive a license under this Compact
shall, unless otherwise provided for herein:
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
Practice Laws thereof.
B. Member States shall be authorized to receive, and shall
provide, files and information regarding the investigation and
discipline, if any, of Teachers in other Member States upon
request. Any Member State receiving such information or files
shall protect and maintain the security and confidentiality
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
Mobility Compact Commission:
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1. The Commission is a joint interstate governmental
agency comprised of States that have enacted the Interstate
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
Commissioner is appointed.
4. The Member State shall fill any vacancy occurring in
the Commission within 90 days.
5. Each Commissioner shall be entitled to one (1) vote
about the promulgation of Rules and creation of Bylaws and
shall otherwise have an opportunity to participate in 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.
C. The Commission shall have the following powers and duties:
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1. Establish a Code of Ethics for the Commission.
2. Establish the fiscal year of the Commission.
3. Establish Bylaws for the Commission.
4. Maintain its financial records in accordance with the
Bylaws of the Commission.
5. Meet and take such actions as are consistent with the
provisions of this interstate compact, the Bylaws, and Rules
of the Commission.
6. Promulgate uniform Rules to implement and administer
this interstate compact. The Rules shall have the force and
effect of law and shall be binding in all Member States. In
the event the Commission exercises its Rulemaking authority
in a manner that is beyond the scope of the purposes of the
compact, or the powers granted hereunder, then such an action
by the Commission shall be invalid and have no force and
effect of law.
7. Bring and prosecute legal proceedings or actions in
the name of the Commission, provided that the standing of any
Member State Licensing Authority to sue or be sued under
applicable law shall not be affected.
8. Purchase and maintain insurance and bonds.
9. Borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a Member State,
or an associated nongovernmental organization that is open to
membership by all states.
10.Hire employees, elect, or appoint officers, fix
compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the
compact, and establish the Commission's personnel policies
and programs relating to conflicts of interest,
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qualifications of personnel, and other related personnel
matters.
11.Lease, purchase, accept appropriate gifts or donations
of, or otherwise own, hold, improve, or use, any property,
real, personal or mixed, provided that at all times the
Commission shall avoid any appearance of impropriety.
12.Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, personal,
or mixed.
13.Establish a budget and make expenditures.
14.Borrow money.
15.Appoint committees, including standing committees
composed of members and such other interested persons as may
be designated in this interstate compact, Rules, or Bylaws.
16.Provide and receive information from, and cooperate
with, law enforcement agencies.
17.Establish and elect an Executive Committee.
18.Establish and develop a charter for an Executive
Information Governance Committee to advise on facilitating
exchange of information; use of information, data privacy,
and technical support needs, and provide reports as needed.
19.Perform such other functions as may be necessary or
appropriate to achieve the purposes of this interstate
compact consistent with the State regulation of Teacher
licensure.
20.Determine whether a State's adopted language is
materially different from the model compact language such
that the State would not qualify for participation in the
Compact.
D. The Executive Committee of the Interstate Teacher Mobility
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Compact Commission.
1. The Executive Committee shall have the power to act on
behalf of the Commission according to the terms of this
interstate compact.
2. The Executive Committee shall be composed of eight
voting members:
a. The Commission chair, vice chair, and treasurer;
and
b. Five members who are elected by the Commission
from the current membership:
i. Four voting members representing geographic
regions in accordance with Commission Rules; and
ii. One at large voting member in accordance with
Commission Rules.
3. The Commission may add or remove members of the
Executive Committee as provided in Commission Rules.
4. The Executive Committee shall meet at least once
annually.
5. The Executive Committee shall have the following
duties and responsibilities:
a. Recommend to the entire Commission changes to the
Rules or Bylaws, changes to the compact legislation, fees
paid by interstate compact Member States such as annual
dues, and any compact fee charged by the Member States on
behalf of the Commission.
b. Ensure Commission administration services are
appropriately provided, contractual or otherwise.
c. Prepare and recommend the budget.
d. Maintain financial records on behalf of the
Commission.
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e. Monitor compliance of Member States and provide
reports to the Commission.
f. Perform other duties as provided in Rules or
Bylaws.
6. Meetings of the Commission
a. All meetings shall be open to the public, and
public notice of meetings shall be given in accordance
with Commission Bylaws.
b. The Commission or the Executive Committee or other
committees of the Commission may convene in a closed,
non-public meeting if the Commission or Executive
Committee or other committees of the Commission must
discuss:
i. Non-compliance of a Member State with its
obligations under the compact.
ii. The employment, compensation, discipline or
other matters, practices or procedures related to
specific employees or other matters related to the
Commission's internal personnel practices and
procedures.
iii. Current, threatened, or reasonably
anticipated litigation.
iv. Negotiation of contracts for the purchase,
lease, or sale of goods, services, or real estate.
v. Accusing any person of a crime or formally
censuring any person.
vi. Disclosure of trade secrets or commercial or
financial information that is privileged or
confidential.
vii. Disclosure of information of a personal
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nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy.
viii. Disclosure of investigative records
compiled for law enforcement purposes.
ix. Disclosure of information related to any
investigative reports prepared by or on behalf of or
for use of the Commission or other committee charged
with responsibility of investigation or determination
of compliance issues pursuant to the compact.
x. Matters specifically exempted from disclosure
by federal or Member State statute.
xi. Others matters as set forth by Commission
Bylaws and Rules.
c. If a meeting, or portion of a meeting, is closed
pursuant to this provision, the Commission's legal
counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting
provision.
d. The Commission shall keep minutes of Commission
meetings and shall provide a full and accurate summary of
actions taken, and the reasons therefore, including a
description of the views expressed. All documents
considered in connection with an action shall be
identified in such minutes. All minutes and documents of
a closed meeting shall remain under seal, subject to
release by a majority vote of the Commission or order of
a court of competent jurisdiction.
7. Financing of the Commission
a. The Commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
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organization, and ongoing activities.
b. The Commission may accept all appropriate
donations and grants of money, equipment, supplies,
materials, and services, and receive, utilize, and
dispose of the same, provided that at all times the
Commission shall avoid any appearance of impropriety or
conflict of interest.
c. The Commission may levy on and collect an annual
assessment from each Member State or impose fees on other
parties to cover the cost of the operations and
activities of the Commission, in accordance with the
Commission Rules.
d. The Commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the
same; nor shall the Commission pledge the credit of any
of the Member States, except by and with the authority of
the Member State.
e. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and
disbursements of the Commission shall be subject to
accounting procedures established under Commission
Bylaws. All receipts and disbursements of funds of the
Commission shall be reviewed annually in accordance with
Commission Bylaws, and a report of the review shall be
included in and become part of the annual report of the
Commission.
8. Qualified Immunity, Defense, and Indemnification
a. The members, officers, executive director,
employees and representatives of the Commission shall be
immune from suit and liability, either personally or in
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their official capacity, for any claim for damage to or
loss of property or personal injury or other civil
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,
executive director, employee, or representative of the
Commission in any civil action seeking to impose
liability arising out of any actual or alleged act,
error, or omission that occurred within the scope of
Commission employment, duties, or responsibilities, 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 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
settlement or judgment obtained against that person
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arising out of any actual or alleged act, error or
omission that occurred within the scope of Commission
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
become binding as of the date specified in each Rule or
amendment.
B. The Commission shall promulgate reasonable Rules to
achieve the intent and purpose of this interstate compact. In
the event the Commission exercises its Rulemaking authority in a
manner that is beyond purpose and intent of this interstate
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
accordance with Commission Rules and Bylaws.
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E. Upon determination that an emergency exists, the
Commission may consider and adopt an emergency Rule with 48
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
Rule; or
4. Protect public health and safety.
ARTICLE IX- FACILITATING INFORMATION EXCHANGE
A. The Commission shall provide for facilitating the exchange
of information to administer and implement the provisions of
this compact in accordance with the Rules of the Commission,
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
and take all actions necessary and appropriate to effectuate
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the Compact's purposes and intent. The provisions of this
Compact shall have standing as statutory law.
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
judicial notice of the Compact, the Rules of the Commission,
and any information provided to a Member State pursuant
thereto in any judicial or quasi-judicial proceeding in a
Member State pertaining to the subject matter of this
Compact, or which may affect the powers, responsibilities, or
actions of the Commission.
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
responsibilities under this Compact or the promulgated Rules,
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the Commission shall:
a. Provide written notice to the defaulting State and
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
offending State of obligations or liabilities incurred during
the period of default.
D. Termination of membership in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be
given by the Commission to the governor, the majority and
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.
G. The defaulting State may appeal the action of the
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Commission by petitioning the U.S. District Court for the
District of Columbia or the federal district where the
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
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and Rules of this
Compact.
2. By majority vote, the Commission may initiate legal
action in the United States District Court for the District
of Columbia or the federal district where the Commission has
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.
ARTICLE XI- EFFECTUATION, WITHDRAWAL, AND AMENDMENT
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A. The Compact shall come into effect on the date on which
the Compact statute is enacted into law in the tenth Member
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
forth in Article VII.C.20 to determine if their enactments
are materially different from the model Compact statute and
whether they qualify for participation in the Compact.
B. If any Member State is later found to be in default, or is
terminated or withdraws from the Compact, the Commission shall
remain in existence and the Compact shall remain in effect even
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.
1. A Member State's withdrawal shall not take effect
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