Okla. Stat. tit. 70, § 70-6-190.4

Commissioners — Powers and duties — Immunity.

A. The member states of the Interstate Teacher Mobility Compact

hereby create and establish a joint public agency known as the

Interstate Teacher Mobility Compact Commission. The Commission

shall be a joint interstate governmental agency comprised of states

that have enacted the Interstate Teacher Mobility Compact. Nothing

in the Interstate Teacher Mobility Compact shall be construed as a

waiver of sovereign immunity.

B. 1. Each member state shall have and be limited to one

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

commissioner and shall be the primary administrative officer of the

state licensing authority or his or her designee.

2. Any commissioner may be removed or suspended from office as

provided by the law of the state from which the commissioner is

appointed. The member state shall fill any vacancy occurring in the

Commission within ninety (90) days.

3. Each commissioner shall be entitled to one vote on the

promulgation of rules and the 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 other

means as provided for in the bylaws. The bylaws may provide for

commissioners’ participation in meetings by telephone or other means

of communication.

Oklahoma Statutes - Title 70. Schools Page 442

4. The Commission shall meet at least once during each calendar

year. Additional meetings shall be held as set forth in the bylaws.

5. 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 the Interstate Teacher Mobility Compact, the bylaws,

and the rules of the Commission;

6. Promulgate uniform rules to implement and administer the

Interstate Teacher Mobility Compact. The rules shall have the force

and effect of law and shall be binding on all member states. In the

event the Commission exercises its rule-making authority in a manner

that is beyond the scope of the purposes of the compact or the

powers thereunder, then such action by the Commission shall be

invalid and shall 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 bonds;

9. Borrow, accept, or contract for services of personnel

including but not limited to employees of a member state or an

associated non-governmental organization that is open to membership

by all states;

10. Hire employees, elect or appoint officers, fix

compensation, define duties, grant individuals appropriate authority

to carry out the purposes of the Interstate Teacher Mobility

Compact, and establish the Commission’s personnel policies and

programs relating to conflicts of interest, qualifications for

personnel, and other related personnel matters;

11. Lease, purchase, accept appropriate gifts or donations, or

otherwise own, hold, improve, or use any real, personal, or mixed

property, 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 real, personal, or mixed property;

13. Establish a budget and make expenditures;

14. Borrow money;

15. Appoint committees, including standing committees comprised

of members and other interested persons as may be designated in the

Interstate Teacher Mobility Compact or Commission rules or bylaws;
iety;

12. Sell, convey, mortgage, pledge, lease, exchange, abandon,

or otherwise dispose of any real, personal, or mixed property;

13. Establish a budget and make expenditures;

14. Borrow money;

15. Appoint committees, including standing committees comprised

of members and other interested persons as may be designated in the

Interstate Teacher Mobility Compact or Commission rules or bylaws;

Oklahoma Statutes - Title 70. Schools Page 443

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 the Interstate Teacher

Mobility Compact consistent with the state regulation of teacher

licensure; and

20. Determine whether a state’s adopted language is materially

different from the model compact language in such a way that the

state would not qualify for participation in the Interstate Teacher

Mobility Compact.

D. The executive committee of the Interstate Teacher Mobility

Compact shall have the power to act on behalf of the Commission

according to the terms of the compact.

1. The executive committee shall be comprised of eight (8)

voting members including:

a. the Commission chair, vice chair, and treasurer, and

b. five members who are elected by the Commission from

its membership including:

(1) four voting members representing geographic

regions in accordance with Commission rules, and

(2) one at large voting member in accordance with

Commission rules.

2. The Commission may add or remove members of the executive

committee as provided for in Commission rules.

3. The executive committee shall meet at least once annually.

4. 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 Interstate Teacher

Mobility Compact legislation, fees to be paid by

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, and

f. perform other duties as provided in rules or bylaws.

Oklahoma Statutes - Title 70. Schools Page 444

5. All Commission meetings shall be open to the public, and

public notice of meetings shall be given in accordance with

Commission bylaws. Provided, however, the Commission, its executive

committee, or other committees of the Commission may convene in a

closed, non-public meeting if the Commission, its executive

committee, or other committees of the Commission discuss:

a. non-compliance of a member state with its obligations

under the Interstate Teacher Mobility Compact,

b. 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 or procedures,

c. current, threatened, or reasonably anticipated

litigation,

d. negotiation of contracts for the purchase, lease, or

sale of goods, services, or real estate,

e. accusing any person of a crime or formally censuring

any person,

f. disclosure of trade secrets or commercial or financial

information that is privileged or confidential,

g. disclosure of information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

h. disclosure of investigative records compiled for law

enforcement purposes,
te,

e. accusing any person of a crime or formally censuring

any person,

f. disclosure of trade secrets or commercial or financial

information that is privileged or confidential,

g. disclosure of information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

h. disclosure of investigative records compiled for law

enforcement purposes,

i. disclosure of information related to any investigative

reports prepared by or on behalf of or for the use of

the Commission or other committees charged with

responsibility of investigating and determining

compliance issues pursuant to the Interstate Teacher

Mobility Compact,

j. matters specifically exempted from disclosure by

federal or member state statute, and

k. other matters as set forth by the Commission bylaws

and rules.

6. If a meeting or portion of a meeting is closed pursuant to

the provisions of paragraph 5 of this subsection, the Commission’s

legal counsel or designee shall certify that the meeting may be

closed and shall reference each relevant exempting provision.

7. The Commission shall keep minutes of the Commission meetings

and shall provide a full and accurate summary of actions taken and

the reasons for the actions including a description of the views

expressed. All documents considered in connection with an action

shall be identified in the minutes. All minutes and documents of a

closed meeting shall remain under seal, subject to release by a

majority vote of the Commission or an order of a court of competent

jurisdiction.

Oklahoma Statutes - Title 70. Schools Page 445

E. 1. The Commission shall pay or provide for the payment of

the reasonable expenses of its establishment, organization, and

ongoing activities.

2. 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.

3. 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 Commission rules.

4. 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.

5. 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.

F. 1. 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, however, 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, willful, or wanton misconduct of the person.

2. 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
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, willful, or wanton misconduct of the person.

2. 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 had occurred within the scope of Commission employment,

duties, or responsibilities. Provided, however, that nothing in

this paragraph shall be construed to prohibit the person from

retaining his or her own legal counsel, and provided further that

the actual or alleged act, error, or omission did not result from

the person’s intentional, willful, or wanton misconduct.

Oklahoma Statutes - Title 70. Schools Page 446

3. 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 the 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 the person had a reasonable

basis for believing had occurred within the scope of Commission

employment, duties, or responsibilities. Provided, however, that

the actual or alleged act, error, or omission did not result from

the intentional, willful, or wanton misconduct of the person.

G. 1. The Commission shall exercise its rule-making powers

pursuant to the criteria set forth in the Interstate Teacher

Mobility Compact. Rules and amendments shall become binding as of

the date specified in each rule or amendment.

2. The Commission shall promulgate reasonable rules to achieve

the intent and purpose of the Interstate Teacher Mobility Compact.

In the event the Commission exercises its rule-making authority in a

manner that is beyond the purpose and intent of the Interstate

Teacher Mobility Compact or the powers granted thereunder, such

action by the Commission shall be invalid and have no force and

effect of law in the member states.

3. 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 Interstate Teacher Mobility Compact within

four (4) years of the date of the adoption of the rule, then the

rule shall have no further force and effect in any member state.

4. Rules or amendments to the rules shall be adopted or

ratified at a regular or special meeting of the Commission, in

accordance with Commission bylaws and rules.

5. Upon determination that an emergency exists, the Commission

may consider and adopt an emergency rule within forty-eight (48)

hours’ notice with opportunity to comment, provided that the usual

rule-making procedures shall be retroactively applied to the rule as

soon as reasonably possible and in no event later than ninety (90)

days after the effective date of the rule. For purposes of this

paragraph, an emergency rule is one that must be adopted immediately

in order to:

a. meet an imminent threat to public health, safety, or

welfare,

b. prevent a loss of Commission or member state funds,

c. meet a deadline for the promulgation of an

administrative rule that is established by federal law

or rule, or

d. protect public health and safety.

H. 1. The Commission shall provide for facilitating the

exchange of information to administer and implement the provisions

of the Interstate Teacher Mobility Compact in accordance with

Oklahoma Statutes - Title 70. Schools Page 447

Commission rules, consistent with generally accepted data protection

principles.
is established by federal law

or rule, or

d. protect public health and safety.

H. 1. The Commission shall provide for facilitating the

exchange of information to administer and implement the provisions

of the Interstate Teacher Mobility Compact in accordance with

Oklahoma Statutes - Title 70. Schools Page 447

Commission rules, consistent with generally accepted data protection

principles.

2. Nothing in the Interstate Teacher Mobility 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.

I. 1. The executive and judicial branches of state government

in each member state shall enforce the Interstate Teacher Mobility

Compact and take all actions necessary and appropriate to effectuate

the compact’s purposes and intent. The provisions of the 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

similar matter.

3. All courts and administrative agencies shall take judicial

notice of the Interstate Teacher Mobility 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 the 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 Interstate Teacher Mobility Compact and shall

have standing to intervene in a proceeding for all purposes.

Failure to provide the Commission service of process shall render a

judgement or order void as to the Commission, the Interstate Teacher

Mobility Compact, or rules of the Commission.

J. 1. If the Commission determines that a member state has

defaulted in the performance of its obligations or responsibilities

under the Interstate Teacher Mobility Compact or Commission 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.

2. If a state in default fails to cure the default, the

defaulting state may be terminated from the Interstate Teacher

Mobility Compact upon an affirmative vote of a majority of the

Oklahoma Statutes - Title 70. Schools Page 448

commissioners of the member states, and all rights, privileges, and

benefits conferred on the state by the compact may be terminated on

the effective date of termination. A cure of the default shall not

relieve the offending state of obligations or liabilities incurred

during the period of default.

3. Termination of membership in the Interstate Teacher Mobility

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.

4. A state that has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the
ns 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.

4. A state that has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the

effective date of termination including all obligations that extend

beyond the effective date of termination.

5. 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

Interstate Teacher Mobility Compact, unless agreed upon in writing

between the Commission and the defaulting state.

6. 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 court where the Commission has its principal

offices. The prevailing party shall be awarded all costs of

litigation including reasonable attorney fees.

7. Upon request by a member state, the Commission shall attempt

to resolve disputes related to the Interstate Teacher Mobility

Compact that arise among member states and between member states and

non-member states. The Commission shall promulgate a rule providing

for both binding and non-binding alternative dispute resolution for

disputes as appropriate.

8. The Commission, in the reasonable exercise of its

discretion, shall enforce the provisions and rules of the Interstate

Teacher Mobility Compact. By majority vote, the Commission may

initiate legal action in the U.S. District Court for the District of

Columbia or the federal district where the Commission has its

principal offices against a member state in default to enforce

compliance with the provisions of the compact and the Commission’s

promulgated rules and bylaws. The relief sought may include both

injunctive relief and damages. In the event judicial enforcement is

necessary, the prevailing party shall be awarded all costs of

litigation including reasonable attorney fees. The remedies shall

not be exclusive of remedies of the Commission. The Commission may

pursue any other remedies available under federal or state law.

K. The Interstate Teacher Mobility Compact shall be in effect

on the date on which the compact is enacted into law in the tenth

member state.

Oklahoma Statutes - Title 70. Schools Page 449

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

Commission shall convene and review the enactment of the compact by

each member state to determine if the statute enacted by each member

state is materially different from the model statute.

2. A member state whose enactment is found to be materially

different from the model compact statute shall be entitled to the

default process set forth in subsection J of this section.

3. Member states enacting the compact subsequent to the

effective date shall be subject to the process set forth in

paragraph 20 of subsection C of this section to determine if the

enactments are materially different from the model compact statute

and whether they qualify for participation in the compact.

4. If any member state is later found to be in default or is

terminated or withdraws from the compact, the Commission shall

remain in existence and the compact shall remain in effect even if

the number of member states is fewer than ten (10).

5. Any state that joins the compact after the Commission’s

initial adoption of the rules and bylaws shall be subject to the

rules and bylaws as they exist on the date on which the compact

becomes law in the state. Any rule that has been previously adopted

by the Commission shall have the full force and effect of law on the

day the compact becomes law in the state, as the rules and bylaws

may be amended as provided for in the Interstate Teacher Mobility

Compact.
tion of the rules and bylaws shall be subject to the

rules and bylaws as they exist on the date on which the compact

becomes law in the state. Any rule that has been previously adopted

by the Commission shall have the full force and effect of law on the

day the compact becomes law in the state, as the rules and bylaws

may be amended as provided for in the Interstate Teacher Mobility

Compact.

6. Any member state may withdraw from the Interstate Teacher

Mobility Compact by enacting a statute repealing the compact. A

member state’s withdrawal shall not take effect until six (6) months

after enactment of the repealing statute. Withdrawal shall not

affect the continuing requirement of the withdrawing state’s

licensing authority to comply with the investigative and adverse

action reporting requirements of the compact prior to the effective

date of withdrawal.

7. The Interstate Teacher Mobility Compact may be amended by

the member states; provided, however, that no amendment to the

compact shall become effective and binding upon any member state

until it is enacted into law by all member states.

L. The Interstate Teacher Mobility Compact shall be liberally

construed to effectuate its purposes. The provisions of the compact

shall be severable, and if any phrase, clause, sentence, or

provision of the compact is declared to be contrary to the

constitution of any member state or a state seeking membership in

the compact or of the U.S. Constitution or the applicability thereof

to any other government, agency, person, or circumstance is held

invalid, the validity of the remainder of the compact and the

applicability thereof to any government, agency, person, or

circumstance shall not be affected. If the compact is held contrary

to the constitution of any member state, the compact shall remain in

Oklahoma Statutes - Title 70. Schools Page 450

full force and effect as to the remaining member states and in full

force and effect as to the member state affected as to all severable

matters.

M. Nothing in this act shall prevent or inhibit the enforcement

of any other law of a member state that is not inconsistent with the

Interstate Teacher Mobility Compact. Any laws, statutes,

regulations, or other legal requirements in a member state in

conflict with the compact are superseded to the extent of the

conflict. All permissible agreements between the Commission and the

member states are binding in accordance with their terms.