HOUSE BILL NO. 2274 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE LEWIS.
4545H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 168, RSMo, by adding thereto one new section relating to the interstate teacher mobility compact.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 168, RSMo, is amended by adding thereto one new section, to be 2 known as section 168.046, to read as follows: 168.046. 1. (1) This section shall be known and may be cited as the "Interstate 2 Teacher Mobility Compact". 3 (2) The purpose of this compact is to facilitate the mobility of teachers across the 4 member states, with the goal of supporting teachers through a new pathway to 5 licensure. Through this compact, the member states seek to establish a collective 6 regulatory framework that expedites and enhances the ability of teachers to move across 7 state lines. 8 (3) This compact is intended to achieve the following objectives and should be 9 interpreted accordingly, and the member states hereby ratify the same intentions by 10 subscribing hereto: 11 (a) Create a streamlined pathway to licensure mobility for teachers; 12 (b) Support the relocation of eligible military spouses; 13 (c) Facilitate and enhance the exchange of licensure, investigative, and 14 disciplinary information between the member states; 15 (d) Enhance the power of state and district level education officials to hire 16 qualified, competent teachers by removing barriers to the employment of out-of-state 17 teachers;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2274 2
18 (e) Support the retention of teachers in the profession by removing barriers to 19 relicensure in a new state; and 20 (f) Maintain state sovereignty in the regulation of the teaching profession. 21 2. As used in this compact and except as otherwise provided, the following 22 definitions shall govern the terms in this section: 23 (1) "Active military member", any person with full-time duty status in the 24 Armed Forces of the United States, including members of the National Guard and 25 Reserve; 26 (2) "Adverse action", any limitation or restriction imposed by a member state's 27 licensing authority, such as revocation, suspension, reprimand, probation, or limitation 28 on the licensee's ability to work as a teacher; 29 (3) "Bylaws", those bylaws established by the commission; 30 (4) "Career and technical education license", a current, valid authorization 31 issued by a member state's licensing authority allowing an individual to serve as a 32 teacher in P-12 public educational settings in a specific career and technical education 33 area; 34 (5) "Charter member states", a member state that has enacted legislation to 35 adopt this compact where such legislation predates the initial meeting of the commission 36 after the effective date of the compact; 37 (6) "Commission", the interstate administrative body whose membership 38 consists of delegates of all states that have enacted this compact, and which is known as 39 the interstate teacher mobility compact commission; 40 (7) "Commissioner", the delegate of a member state; 41 (8) "Eligible license", a license to engage in the teaching profession which 42 requires at least a bachelor's degree and the completion of a state-approved program for 43 teacher licensure; 44 (9) "Eligible military spouse", the spouse of any individual in full-time duty 45 status in the active Armed Forces of the United States including members of the 46 National Guard and Reserve moving as a result of a military mission or military career 47 progression requirements or are on their terminal move as a result of separation or 48 retirement, including surviving spouses of deceased military members; 49 (10) "Executive committee", a group of commissioners elected or appointed to 50 act on behalf of, and within the powers granted to them by, the commission as provided 51 for in this section; 52 (11) "Licensing authority", an official, agency, board, or other entity of a state 53 that is responsible for the licensing and regulation of teachers authorized to teach in P- 54 12 public educational settings; HB 2274 3
55 (12) "Member state", any state that has adopted this compact, including all 56 agencies and officials of such a state; 57 (13) "Receiving state", any state where a teacher has applied for licensure under 58 this compact; 59 (14) "Rule", any regulation promulgated by the commission under this compact, 60 which shall have the force of law in each member state; 61 (15) "State", a state, territory, or possession of the United States, and the District 62 of Columbia; 63 (16) "State practice laws", a member state's laws, rules, and regulations that 64 govern the teaching profession, define the scope of such profession, and create the 65 methods and grounds for imposing discipline; 66 (17) "State-specific requirements", a requirement for licensure covered in 67 coursework or examination that includes content of unique interest to the state; 68 (18) "Teacher", an individual who currently holds an authorization from a 69 member state that forms the basis for employment in the P-12 public schools of the state 70 to provide instruction in a specific subject area, grade level, or student population; 71 (19) "Unencumbered license", a current, valid authorization issued by a 72 member state's licensing authority allowing an individual to serve as a teacher in P-12 73 public educational settings. An unencumbered license is not a restricted, probationary, 74 provisional, substitute, or temporary credential. 75 3. (1) Licensure under this compact pertains only to the initial grant of a license 76 by the receiving state. Nothing in this section applies to any subsequent or ongoing 77 compliance requirements that a receiving state might require for teachers. 78 (2) Each member state shall, in accordance with the rules of the commission, 79 define, compile, and update as necessary, a list of eligible licenses and career and 80 technical education licenses that the member state is willing to consider for equivalency 81 under this compact and provide the list to the commission. The list shall include those 82 licenses that a receiving state is willing to grant to teachers from other member states, 83 pending a determination of equivalency by the receiving state's licensing authority. 84 (3) Upon the receipt of an application for licensure by a teacher holding an 85 unencumbered eligible license, the receiving state shall determine which of the receiving 86 state's eligible licenses the teacher is qualified to hold and shall grant such a license or 87 licenses to the applicant. Such a determination shall be made in the sole discretion of 88 the receiving state's licensing authority and may include a determination that the 89 applicant is not eligible for any of the receiving state's eligible licenses. For all teachers 90 who hold an unencumbered license, the receiving state shall grant one or more HB 2274 4
91 unencumbered licenses that, in the receiving state's sole discretion, are equivalent to the 92 licenses held by the teacher in any other member state. 93 (4) For active military members and eligible military spouses who hold a license 94 that is not unencumbered, the receiving state shall grant an equivalent license or licenses 95 that, in the receiving state's sole discretion, is equivalent to the license or licenses held by 96 the teacher in any other member state, except where the receiving state does not have an 97 equivalent license. 98 (5) For a teacher holding an unencumbered career and technical education 99 license, the receiving state shall grant an unencumbered license equivalent to the career 100 and technical education license held by the applying teacher and issued by another 101 member state, as determined by the receiving state in its sole discretion, except where a 102 career and technical education teacher does not hold a bachelor's degree and the 103 receiving state requires a bachelor's degree for licenses to teach career and technical 104 education. A receiving state may require career and technical education teachers to 105 meet state industry-recognized requirements, if required by law in the receiving state. 106 4. (1) Except as provided in subsection 3 of this section, nothing in this compact 107 shall be construed to limit or inhibit the power of a member state to regulate licensure 108 or endorsements overseen by the member state's licensing authority. 109 (2) When a teacher is required to renew a license received pursuant to this 110 compact, the state granting such a license may require the teacher to complete state- 111 specific requirements as a condition of licensure renewal or advancement in that state. 112 (3) For the purposes of determining compensation, a receiving state may require 113 additional information from teachers receiving a license under the provisions of this 114 compact. 115 (4) Nothing in this compact shall be construed to limit the power of a member 116 state to control and maintain ownership of its information pertaining to teachers, or 117 limit the application of a member state's laws or regulations governing the ownership, 118 use, or dissemination of information pertaining to teachers. 119 (5) Nothing in this compact shall be construed to invalidate or alter any existing 120 agreement or other cooperative arrangement which a member state may already be a 121 party to, or limit the ability of a member state to participate in any future agreement or 122 other cooperative arrangement to: 123 (a) Award teaching licenses or other benefits based on additional professional 124 credentials including, but not limited to, national board certification; 125 (b) Participate in the exchange of names of teachers whose license has been 126 subject to an adverse action by a member state; or HB 2274 5
127 (c) Participate in any agreement or cooperative arrangement with a nonmember 128 state. 129 5. (1) Except as provided for active military members or eligible military 130 spouses in subdivision (4) of subsection 3 of this section, a teacher may only be eligible to 131 receive a license under this compact where that teacher holds an unencumbered license 132 in a member state. 133 (2) A teacher eligible to receive a license under this compact shall, unless 134 otherwise provided for in this section: 135 (a) Upon their application to receive a license under this compact, undergo a 136 criminal background check in the receiving state in accordance with the laws and 137 regulations of the receiving state; and 138 (b) Provide the receiving state with information in addition to the information 139 required for licensure for the purposes of determining compensation, if applicable. 140 6. (1) Nothing in this compact shall be deemed or construed to limit the 141 authority of a member state to investigate or impose disciplinary measures on teachers 142 according to the state practice laws thereof. 143 (2) Member states shall be authorized to receive, and shall provide, files and 144 information regarding the investigation and discipline, if any, of teachers in other 145 member states upon request. Any member state receiving such information or files shall 146 protect and maintain the security and confidentiality thereof, in at least the same 147 manner that it maintains its own investigatory or disciplinary files and information. 148 Prior to disclosing any disciplinary or investigatory information received from another 149 member state, the disclosing state shall communicate its intention and purpose for such 150 disclosure to the member state which originally provided that information. 151 7. (1) The interstate compact member states hereby create and establish a joint 152 public agency known as the interstate teacher mobility compact commission, subject to 153 the following: 154 (a) The commission is a joint interstate governmental agency composed of states 155 that have enacted the interstate teacher mobility compact; and 156 (b) Nothing in this interstate compact shall be construed to be a waiver of 157 sovereign immunity. 158 (2) The commission membership, voting, and meetings shall be as follows: 159 (a) Each member state shall have and be limited to one delegate to the 160 commission, who shall be given the title of commissioner; 161 (b) The commissioner shall be the primary administrative officer of the state 162 licensing authority or their designee; HB 2274 6
163 (c) Any commissioner may be removed or suspended from office as provided by 164 the law of the state from which the commissioner is appointed; 165 (d) The member state shall fill any vacancy occurring in the commission within 166 ninety days; 167 (e) Each commissioner shall be entitled to one vote about the promulgation of 168 rules and creation of bylaws and shall otherwise have an opportunity to participate in 169 the business and affairs of the commission. A commissioner shall vote in person or by 170 such other means as provided in the bylaws. The bylaws may provide for 171 commissioners' participation in meetings by telephone or other means of 172 communication; 173 (f) The commission shall meet at least once during each calendar year. 174 Additional meetings shall be held as set forth in the bylaws; and 175 (g) The commission shall establish by rule a term of office for commissioners. 176 (3) The commission shall have the following powers and duties: 177 (a) Establish a code of ethics for the commission; 178 (b) Establish the fiscal year of the commission; 179 (c) Establish bylaws for the commission; 180 (d) Maintain its financial records in accordance with the bylaws of the 181 commission; 182 (e) Meet and take such actions as are consistent with the provisions of this 183 interstate compact, the bylaws, and rules of the commission; 184 (f) Promulgate uniform rules to implement and administer this interstate 185 compact. The rules shall have the force and effect of law and shall be binding in all 186 member states. In the event the commission exercises its rulemaking authority in a 187 manner that is beyond the scope of the purposes of the compact or the powers granted 188 in this section, such an action by the commission shall be invalid and have no force and 189 effect of law; 190 (g) Bring and prosecute legal proceedings or actions in the name of the 191 commission, provided that the standing of any member state licensing authority to sue 192 or be sued under applicable law shall not be affected; 193 (h) Purchase and maintain insurance and bonds; 194 (i) Borrow, accept, or contract for services of personnel including, but not 195 limited to, employees of a member state, or an associated nongovernmental organization 196 that is open to membership by all states; 197 (j) Hire employees, elect or appoint officers, fix compensation, define duties, 198 grant such individuals appropriate authority to carry out the purposes of the compact, HB 2274 7
199 and establish the commission's personnel policies and programs relating to conflicts of 200 interest, qualifications of personnel, and other related personnel matters; 201 (k) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, 202 hold, improve, or use, any property, real, personal, or mixed, provided that at all times 203 the commission shall avoid any appearance of impropriety; 204 (l) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose 205 of any property real, personal, or mixed; 206 (m) Establish a budget and make expenditures; 207 (n) Borrow money; 208 (o) Appoint committees, including standing committees composed of members 209 and such other interested persons as may be designated in this interstate compact, rules, 210 or bylaws; 211 (p) Provide and receive information from, and cooperate with, law enforcement 212 agencies; 213 (q) Establish and elect an executive committee; 214 (r) Establish and develop a charter for an executive information governance 215 committee to advise on facilitating exchange of information, use of information, data 216 privacy, and technical support needs, and to provide reports as needed; 217 (s) Perform such other functions as may be necessary or appropriate to achieve 218 the purposes of this interstate compact consistent with the state regulation of teacher 219 licensure; and 220 (t) Determine whether a state's adopted language is materially different from the 221 model compact language such that the state would not qualify for participation in the 222 compact. 223 (4) There is hereby created the executive committee of the interstate teacher 224 mobility compact commission, subject to the following: 225 (a) The executive committee shall have the power to act on behalf of the 226 commission according to the terms of this interstate compact. 227 (b) The executive committee shall be composed of eight voting members: 228 a. The commission chair, vice chair, and treasurer; and 229 b. Five members who are elected by the commission from the current 230 membership: 231 (i) Four voting members representing geographic regions in accordance with 232 commission rules; and 233 (ii) One at-large voting member in accordance with commission rules. 234 (c) The commission may add or remove members of the executive committee as 235 provided in commission rules. HB 2274 8
236 (d) The executive committee shall meet at least once annually. 237 (e) The executive committee shall have the following duties and responsibilities: 238 a. Recommend to the entire commission changes to the rules or bylaws, changes 239 to the compact legislation, fees paid by interstate compact member states such as annual 240 dues, and any compact fee charged by the member states on behalf of the commission; 241 b. Ensure commission administration services are appropriately provided, 242 contractual or otherwise; 243 c. Prepare