Chapter 82

§ 8201 Compact for Education; Delaware Educational Council. (a) The Compact for Education is entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows: COMPACT FOR EDUCATION Whereas, the proper education of all citizens is one of the most important responsibilities of the States to preserve a free and open society in the United States; and Whereas, the increasing demands of our whole national life for improving and expanding educational services require a broad exchange of research data and information concerning the problems and practices of education; and Whereas, there is a vital need for strengthening the voices of the States in the formulation of alternative nationwide educational policies, The States affirm the need for close and continuing consultation among our several States on all matters of education, and do hereby establish this Compact for Education. ARTICLE I.PURPOSE AND POLICY A. It is the purpose of this compact to: 1. Establish and maintain close cooperation and understanding among executive, legislative, professional, educational and lay leadership on a nationwide basis at the State and local levels; 2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education; 3. Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the Nation, so that the executive and legislative branches of State Government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education; 4. Facilitate the improvement of State and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities. B. It is the policy of this Compact to encourage and promote local and State initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and States. C. The party States recognize that each of them has an interest in the quality and quantity of education furnished in each of the other States, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the Nation, and because the products and services contributing to the health, welfare and economic advancement of each State are supplied in significant part by persons educated in other States. ARTICLE II STATE DEFINED As used in this Compact, “State” means a State, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. ARTICLE III.THE COMMISSION A. The Education Commission of the States, hereinafter called “the Commission,” is established. The Commission shall consist of 7 members representing each party State. One of such members shall be the Governor; 2 shall be members of the State legislature selected by its respective houses and serving in such manner as the legislature may determine; and 4 shall be appointed by and serve at the pleasure of the Governor, unless the laws of the State otherwise provide. If the laws of a State prevent legislators from serving on the Commission, 6 members shall be appointed by and serve at the pleasure of the Governor, unless the laws of the State otherwise provide. In addition to any other principles or requirements which a State may establish for the appointment and service of its members of the Commission, the guiding principle for the composition of the membership on the Commission from each party State shall be that the members representing such State shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the State Government, higher education, the State education system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or institution, designated by the Governor, having responsibility for 1 or more programs of public education. In addition to the members of the Commission representing the party States, there may be not to exceed 10 nonvoting commissioners selected by the steering committee for terms of 1 year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration. B. The members of the Commission shall be entitled to one vote each on the Commission. No action of the Commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the Commission are cast in favor thereof. Action of the Commission shall be only at a meeting at which a majority of the Commissioners are present. The Commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the Commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to paragraph J. of this Article. C. The Commission shall have a seal. D. The Commission shall elect annually, from among its members, a chair, who shall be a Governor, a vice chair and a treasurer. The Commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the Commission, and together with the treasurer and such other personnel as the Commission may deem appropriate, shall be bonded in such amount as the Commission shall determine. The executive director shall be secretary. E. Irrespective of the civil service, personnel or other merit system laws of any of the party States, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Commission, and shall fix the duties and compensation of such personnel. The Commission in its bylaws shall provide for the personnel policies and programs of the Commission. F. The Commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of 2 or more of the party jurisdictions or their subdivisions. G. The Commission may accept for any of its purposes and functions under this Compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any State, the United States, or any other governmental agency or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the Commission pursuant to this paragraph or services borrowed pursuant to paragraph F. of this Article shall be reported in the annual report of the Commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender. H. The Commission may establish and maintain such facilities as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real and personal property and any interest therein. I. The Commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party States. J. The Commission annually shall make to the Governor and legislature of each party State a report covering the activities of the Commission for the preceding year. The Commission may make such additional reports as it may deem desirable. ARTICLE IV.POWERS In addition to authority conferred on the Commission by other provisions of the Compact, the Commission shall have authority to: 1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources; 2. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems; 3. Develop proposals for adequate financing of education as a whole and at each of its many levels; 4. Conduct or participate in research of the types referred to in this Article in any instance where the Commission finds that such research is necessary for the advancement of the purposes and policies of this Compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private; 5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials; 6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this Compact. ARTICLE V.COOPERATION WITH FEDERAL GOVERNMENT A. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the Federal Government, the United States may be represented on the Commission but not to exceed 10 representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to Federal law, and may be drawn from any one or more branches of the Federal Government, but no such representative shall have a vote on the Commission. B. The Commission may provide information and make recommendations to any executive or legislative agency or officer of the Federal Government concerning the common educational policies of the States, and may advise with any such agencies or officers concerning any matter of mutual interest. ARTICLE VI.COMMITTEES A. To assist in the expeditious conduct of its business when the full Commission is not meeting, the Commission shall elect a Steering Committee of 32 members which, subject to the provisions of this Compact and consistent with the policies of the Commission, shall be constituted and function as provided in the bylaws of the Commission. One-fourth of the voting membership of the Steering Committee shall consist of Governors, one-fourth shall consist of Legislators, and the remainder shall consist of other members of the Commission. A Federal representative on the Commission may serve with the Steering Committee, but without vote. The voting members of the Steering Committee shall serve for terms of 2 years, except that members elected to the first Steering Committee of the Commission shall be elected as follows: 16 for one year and 16 for 2 years. The chair, vice chair, and treasurer of the Commission shall be members of the Steering Committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the Steering Committee shall not affect its authority to act, but the Commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than 2 terms as a member of the Steering Committee; provided that service for a partial term of one year or less shall not be counted toward the 2-term limitation. B. The Commission may establish advisory and technical committees composed of State, local, and Federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the States concerned, be established to consider any matter of special concern to 2 or more of the party States. C. The Commission may establish such additional committees as its bylaws may provide. ARTICLE VII.FINANCE A. The Commission shall advise the Governor or designated officer or officers of each party State of its budget and estimated expenditures for such period as may be required by the laws of that party State. Each of the Commission’s budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party States. B. The total amount of appropriation requests under any budget shall be apportioned among the party States. In making such apportionment, the Commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party States. C. The Commission shall not pledge the credit of any party States. The Commission may meet any of its obligations in whole or in part with funds available to it pursuant to paragraph G. of Article III of this Compact, provided that the Commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it pursuant to paragraph G. of Article III of this Compact, the Commission shall not incur any obligation prior to the allotment of funds by the party States adequate to meet the same. D. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the Commission. E. The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the party States and by any persons authorized by the Commission. F. Nothing contained in this Compact shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission. ARTICLE VIII.ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL A. This Compact shall have as eligible parties all States, Territories, and Possessions of the United States, the District of Columbia and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a Governor, the term “Governor,” as used in this Compact shall mean the closest equivalent official of such jurisdiction. B. Any State or other eligible jurisdiction may enter into this Compact and it shall become binding thereon when it has adopted the same: provided that in order to enter into initial effect, adoption by at least 10 eligible party jurisdictions shall be required. C. Adoption of the Compact may be either by enactment thereof or by adherence thereto by the Governor; provided that in the absence of enactment, adherence by the Governor shall be sufficient to make his or her State a party only until December 31, 1967. During any period when a State is participating in this Compact through gubernatorial action, the Governor shall appoint those persons who, in addition to the Governor, shall serve as the members of the Commission from the Governor’s State, and shall provide to the Commission an equitable share of the financial support of the Commission from any source available to him or her. D. Except for a withdrawal effective on December 31, 1967 in accordance with paragraph C. of this Article, 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. No withdrawal shall affect any liability already incurred by or chargeable to a party State prior to the time of such withdrawal. ARTICLE IX.CONSTRUCTION AND SEVERABILITY (a) This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any 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 applicability thereof to any Government, agency, person or circumstance is held invalid, the validity of the remainder of this 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 of any State participating therein, the Compact shall remain in full force and effect as to the State affected as to all severable matters. (b) There shall be a Delaware Educational Council to consist of: (1) The Governor or the Governor’s designated alternate; (2) The Chair of the Senate Committee on Education; (3) The Chair of the House of Representatives Committee on Education; and (4) Four members to be appointed by the Governor and to serve at the Governor’s pleasure. (c) The members of the Delaware Educational Council shall also be the Delaware members of the Educational Commission of the States as provided for in Article III of the Compact for Education. (d) Pursuant to paragraph I. of Article III of the Compact, the Commission shall file a copy of its bylaws and any amendment thereto with the Secretary of State. 14 Del. C. 1953, §  8201; 55 Del. Laws, c. 373 ; 56 Del. Laws, c. 12, §§  1, 2 ; 70 Del. Laws, c. 186, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 8211 Authorization for interstate agreements. In accordance with the terms set forth in § 8213 of this title, this State may enter into interstate agreements on educational personnel. Such agreements, properly entered into by the designated state officials, shall be considered as a contract between this State and such other states legally joining therein in the form set forth in § 8213 of this title. 14 Del. C. 1953, §  8211; 57 Del. Laws, c. 155, §  4 ; § 8212 Designated state official and official copies of contract. The “designated state official” for the State shall be the Secretary of Education. The Secretary of Education 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 in § 8213 of this title shall be placed on file in the office of the Secretary of Education, in the office of the Secretary of State 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 Department of Education. 14 Del. C. 1953, §  8212; 57 Del. Laws, c. 155, §  4 ; 71 Del. Laws, c. 180, §  182 ; § 8213 Interstate Agreement. ARTICLE I PURPOSE, FINDINGS AND POLICY (A) 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. (B) 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 agreement can increase the availability of educational resources. 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 Officials” means the education official of a State selected to negotiate and enter into, on behalf of such official’s State, contracts pursuant to this Agreement. 3. “Accept,” or any variant thereof, means to recognize and give effect to 1 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 of this Agreement. 6. “Receiving State” means a State (and the subdivisions thereof) which accepts educational personnel in accordance with the terms of a contract made pursuant to Article III of this Agreement. ARTICLE III INTERSTATE EDUCATIONAL PERSONNEL CONTRACTS A. The designated State official of a party State may make 1 or more contracts on behalf of such official’s State with 1 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, and the subdivisions of those States, whose designated state officials enter into it 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 such official 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 the official’s own State. B. Any such contract shall provide for: 1. Its duration. 2. The criteria to be applied by an originating State in qualifying educational personnel for acceptance by a receiving State. 3. Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards. 4. Any other necessary matters. C. No contract made pursuant to this Agreement shall be for a term longer than 5 years but any such contract may be renewed for like or lesser periods. D. Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this Agreement shall require acceptance by a receiving State of any persons qualified because of successful completion of a program prior to January 1, 1954. E. 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. F. 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 at least once a year to the heads of the appropriate education agencies of the contracting States. ARTICLE IV APPROVED AND ACCEPTED PROGRAMS A. 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. B. To the extent that contracts made pursuant to this Agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract. ARTICLE V INTERSTATE COOPERATION The party States agree that: 1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this Agreement. 2. They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification. ARTICLE VI AGREEMENT EVALUATION The designated State officials of any party States may meet from time to time as a group to evaluate progress under the Agreement, and to formulate recommendations for changes. ARTICLE VII OTHER ARRANGEMENTS Nothing in this agreement shall be construed to prevent or inhibit other arrangements or practices of any party State or States to facilitate the interchange of educational personnel. ARTICLE VIII EFFECT AND WITHDRAWAL A. This Agreement shall become effective when enacted into law by 2 States. Thereafter it shall become effective as to any State upon its enactment of this Agreement. B. Any party State may withdraw from this Agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until 1 year after the Governor of the withdrawing State has given notice in writing of the withdrawal to the Governors of all other party States. C. No withdrawal shall relieve the withdrawing State of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms. ARTICLE IX CONSTRUCTION AND SEVERABILITY This Agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or provision of this Agreement is declared to be contrary to the constitution of any State or of the United States, or the application thereof to any Government, agency, person or circumstance is held invalid, the validity of the remainder of this Agreement and the applicability thereof to any Government, agency, person, or circumstance shall not be affected thereby. If this Agreement shall be held contrary to the constitution of any State participating therein, the Agreement shall remain in full force and effect as to the State affected as to all severable matters. 14 Del. C. 1953, §  8213; 57 Del. Laws, c. 155, §  4 ; 70 Del. Laws, c. 186, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 8220 Adoption. The Interstate Teacher Mobility Compact (Compact) is hereby enacted into law and entered into with all other jurisdictions joining therein, in substantially the same form as in this chapter. 84 Del. Laws, c. 395, § 1 ; § 8221 Purpose. (a) 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. (b) 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. (1) Create a streamlined pathway to licensure mobility for teachers. (2) Support the relocation of eligible military spouses. (3) Facilitate and enhance the exchange of licensure, investigative, and disciplinary information between the member states. (4) 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. (5) Support the retention of teachers in the profession by removing barriers to relicensure in a new state. (6) Maintain state sovereignty in the regulation of the teaching profession. 84 Del. Laws, c. 395, § 1 ; § 8222 Definitions. As used in this Compact, and except as otherwise provided, the following definitions shall govern the terms herein: (1) “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. (2) “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. (3) “Bylaws” means those bylaws established by the Commission. (4) “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. (5) “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. (6) “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”. (7) “Commissioner” means the delegate of a member state. (8) “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. (9) “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 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, including surviving spouses of deceased military members. (10) “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. (11) “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. (12) “Member state” means any state that has adopted this Compact, including all agencies and officials of such a state. (13) “Receiving state” means any state where a teacher has applied for licensure under this Compact. (14) “Rule” means any regulation promulgated by the Commission under this Compact, which shall have the force of law in each member state. (15) “State” means a state, territory, or possession of the United States, and the District of Columbia. (16) “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. (17) “State specific requirements” means a requirement for licensure covered in coursework or examination that includes content of unique interest to the state. (18) “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 instruction in a specific subject area, grade level, or student population. (19) “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. An “unencumbered license” is not a restricted, probationary, provisional, substitute, or temporary credential. 84 Del. Laws, c. 395, § 1 ; § 8223 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 eligible licenses. For all teachers who hold an unencumbered license, the receiving state shall grant 1 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. 84 Del. Laws, c. 395, § 1 ; § 8224 Licensure not under the Compact. (a) Except as provided in § 8223 of this title, 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 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. (3) Participate in any agreement or cooperative arrangement with a nonmember state. 84 Del. Laws, c. 395, § 1 ; § 8225 Teacher qualifications and requirements for licensure under the Compact. (a) Except as provided for active military members or eligible military spouses in § 8223(d) of this title, a teacher may only be eligible to receive a license under this Compact where that teacher holds an unencumbered license in a member state. (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. (2) Provide the receiving state with information in addition to the information required for licensure for the purposes of determining compensation, if applicable. 84 Del. Laws, c. 395, § 1 ; § 8226 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. 84 Del. Laws, c. 395, § 1 ; § 8227 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: (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 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 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: (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, 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 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 8 voting members: a. The Commission chair, vice chair, and treasurer. b. Five members who are elected by the Commission from the current membership: 1. Four voting members representing geographic regions in accordance with Commission rules. 2. 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. 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, nonpublic meeting if the Commission or Executive Committee or other committees of the Commission must discuss: 1. Noncompliance of a member state with its obligations under the Compact. 2. 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. 3. Current, threatened, or reasonably anticipated litigation. 4. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate. 5. Accusing any person of a crime or formally censuring any person. 6. Disclosure of trade secrets or commercial or financial information that is privileged or confidential. 7. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy. 8. Disclosure of investigative records compiled for law enforcement purposes. 9. 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. 10. Matters specifically exempted from disclosure by federal or member state statute. 11. 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, 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 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 wilful 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 said person’s own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or wilful 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 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 wilful or wanton misconduct of that person. 84 Del. Laws, c. 395, § 1 ; 84 Del. Laws, c. 42, § 1 ; § 8228 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 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. (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 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. 84 Del. Laws, c. 395, § 1 ; § 8229 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. 84 Del. Laws, c. 395, § 1 ; § 8230 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 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, 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 terminated 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 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 attorneys’ 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 nonmember states. (2) The Commissi