Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
122A.90 INTERSTATE AGREEMENT ON QUALIFICATIONS OF EDUCATIONAL
PERSONNEL.
The Interstate Agreement on Qualifications of Educational Personnel is hereby enacted
into law and entered into with all jurisdictions legally joining therein in the form substantially
as follows:
(1) 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.
(2) The party states find that included in the large movement of population among all
sections of the nation are many qualified educational personnel who move for family and other
personal reasons but who are hindered in using their professional skill and experience in their
new locations. Variations from state to state in requirements for qualifying educational personnel
discourage such personnel from taking the steps necessary to qualify in other states. As a
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 compact can increase the availability of educational manpower.
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 official means the educational official of a state selected by that state to
negotiate and enter into, on behalf of this state, contracts pursuant to this agreement.
(3) Accept, or any variant thereof, means to recognize and give effect to one or more
determinations of another state relating to the qualifications of educational personnel in lieu of
making or requiring a like determination that would otherwise be required by or pursuant to
the laws of a receiving state.
(4) State means a state, territory, or possession of the United States; the District of Columbia;
or the commonwealth of Puerto Rico.
(5) Originating state means a state (and the subdivision thereof, if any) whose determination
that certain educational personnel are qualified to be employed for specific duties in schools is
acceptable in accordance with the terms of a contract made pursuant to article III.
(6) Receiving state means a state (and the subdivisions thereof) which accepts educational
personnel in accordance with the terms of a contract made pursuant to article III.
(1) The designated state official of a party state may make one or more contracts on behalf of
his state with one or more other party states 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
whose designated state officials enter into it, and the subdivisions of those states, 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 he finds that there are programs
of education, certification standards or other acceptable qualifications that assure preparation
or qualification of educational personnel on a basis sufficiently comparable, even though not
identical to that prevailing in his own state.
(2) Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating state in qualifying educational personnel
for acceptance by a receiving state.
(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical
effectuation of the contract without sacrifice of basic educational standards.
(d) Any other necessary matters.
(3) No contract made pursuant to this agreement shall be for a term longer than five years but
any such contract may be renewed for like or lesser periods.
(4) Any contract dealing with acceptance of educational personnel on the basis of their
having completed an educational program shall specify the earliest date or dates on which
originating state approval of the program or programs involved can have occurred. No contract
made pursuant to this agreement shall require acceptance by a receiving state of any persons
qualified because of successful completion of a program prior to January 1, 1954.
(5) The certification or other acceptance of a person who has been accepted pursuant to the
terms of a contract shall not be revoked or otherwise impaired because the contract has expired
or been terminated. However, any certificate or other qualifying document may be revoked or
suspended on any ground which would be sufficient for revocation or suspension of a certificate
or other qualifying document initially granted or approved in the receiving state.
(6) A contract committee composed of the designated state officials of the contracting states
or their representatives shall keep the contract under continuous review, study means of improving
its administration, and report no less frequently than once a year to the heads of the appropriate
education agencies of the contracting states.
(1) 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.
(2) 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.
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.
The designated state officials of any party state may meet from time to time as a group to
evaluate progress under the agreement, and to formulate recommendations for changes.
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.
(1) This agreement shall become effective when enacted into law by two states. Thereafter it
shall become effective as to any state upon its enactment of this agreement.
(2) Any party state may withdraw from this agreement by enacting a statute repealing the
same, but no such withdrawal shall take effect until one year after the governor of the withdrawing
state has given notice in writing of the withdrawal to the governors of all other party states.
(3) No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by
a contract to which it is a party. The duration of contracts and the methods and conditions of
withdrawal therefrom shall be those specified in their terms.
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.
History: 1969 c 20 s 1; 1998 c 397 art 8 s 101
PERSONNEL.
The Interstate Agreement on Qualifications of Educational Personnel is hereby enacted
into law and entered into with all jurisdictions legally joining therein in the form substantially
as follows:
INTERSTATE AGREEMENT ON QUALIFICATIONS OF
EDUCATIONAL PERSONNELARTICLE I
PURPOSE, FINDINGS, AND POLICY(1) 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.
(2) The party states find that included in the large movement of population among all
sections of the nation are many qualified educational personnel who move for family and other
personal reasons but who are hindered in using their professional skill and experience in their
new locations. Variations from state to state in requirements for qualifying educational personnel
discourage such personnel from taking the steps necessary to qualify in other states. As a
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 compact can increase the availability of educational manpower.
ARTICLE II
DEFINITIONSAs 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 official means the educational official of a state selected by that state to
negotiate and enter into, on behalf of this state, contracts pursuant to this agreement.
(3) Accept, or any variant thereof, means to recognize and give effect to one or more
determinations of another state relating to the qualifications of educational personnel in lieu of
making or requiring a like determination that would otherwise be required by or pursuant to
the laws of a receiving state.
(4) State means a state, territory, or possession of the United States; the District of Columbia;
or the commonwealth of Puerto Rico.
(5) Originating state means a state (and the subdivision thereof, if any) whose determination
that certain educational personnel are qualified to be employed for specific duties in schools is
acceptable in accordance with the terms of a contract made pursuant to article III.
(6) Receiving state means a state (and the subdivisions thereof) which accepts educational
personnel in accordance with the terms of a contract made pursuant to article III.
ARTICLE III
INTERSTATE EDUCATIONAL PERSONNEL CONTRACTS(1) The designated state official of a party state may make one or more contracts on behalf of
his state with one or more other party states 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
whose designated state officials enter into it, and the subdivisions of those states, 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 he finds that there are programs
of education, certification standards or other acceptable qualifications that assure preparation
or qualification of educational personnel on a basis sufficiently comparable, even though not
identical to that prevailing in his own state.
(2) Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating state in qualifying educational personnel
for acceptance by a receiving state.
(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical
effectuation of the contract without sacrifice of basic educational standards.
(d) Any other necessary matters.
(3) No contract made pursuant to this agreement shall be for a term longer than five years but
any such contract may be renewed for like or lesser periods.
(4) Any contract dealing with acceptance of educational personnel on the basis of their
having completed an educational program shall specify the earliest date or dates on which
originating state approval of the program or programs involved can have occurred. No contract
made pursuant to this agreement shall require acceptance by a receiving state of any persons
qualified because of successful completion of a program prior to January 1, 1954.
(5) The certification or other acceptance of a person who has been accepted pursuant to the
terms of a contract shall not be revoked or otherwise impaired because the contract has expired
or been terminated. However, any certificate or other qualifying document may be revoked or
suspended on any ground which would be sufficient for revocation or suspension of a certificate
or other qualifying document initially granted or approved in the receiving state.
(6) A contract committee composed of the designated state officials of the contracting states
or their representatives shall keep the contract under continuous review, study means of improving
its administration, and report no less frequently than once a year to the heads of the appropriate
education agencies of the contracting states.
ARTICLE IV
APPROVED AND ACCEPTED PROGRAMS(1) 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.
(2) 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 COOPERATIONThe 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 EVALUATIONThe designated state officials of any party state may meet from time to time as a group to
evaluate progress under the agreement, and to formulate recommendations for changes.
ARTICLE VII
OTHER ARRANGEMENTSNothing 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(1) This agreement shall become effective when enacted into law by two states. Thereafter it
shall become effective as to any state upon its enactment of this agreement.
(2) Any party state may withdraw from this agreement by enacting a statute repealing the
same, but no such withdrawal shall take effect until one year after the governor of the withdrawing
state has given notice in writing of the withdrawal to the governors of all other party states.
(3) No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by
a contract to which it is a party. The duration of contracts and the methods and conditions of
withdrawal therefrom shall be those specified in their terms.
ARTICLE IX
CONSTRUCTION AND SEVERABILITYThis 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.
History: 1969 c 20 s 1; 1998 c 397 art 8 s 101
Official Publication of the State of Minnesota
Revisor of Statutes