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House committee backs Interstate Teacher Mobility Compact after debate over rulemaking and state authority
Summary
The committee voted to report House bill H5309 (the Interstate Teacher Mobility Compact) favorably after members questioned whether the compact's commission could later promulgate rules that would have standing in South Carolina; supporters said the compact preserves state hiring and recertification authority.
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The Education and Public Works full committee voted to report the Interstate Teacher Mobility Compact (House bill H5309) favorably after a lengthy debate over how the compact's commission could affect state licensing authority.
Pierce, presenting the bill, said H5309 (referred to in committee as the Interstate Teacher Mobility Compact) would recognize an "unencumbered" out-of-state teacher certification so that a teacher without suspensions or encumbrances could have that credential recognized in South Carolina. Pierce emphasized that the compact does not guarantee employment and that recertification "would have to come under existing state regulations and statute" when a teacher stays in South Carolina.
Several members expressed concern that the compact's commission could promulgate rules over time that would have the force of law in member states. Representative Franks warned that while the compact "is about the teachers, not the teaching," rules over time might introduce requirements (members discussed examples such as professional-development hours tied to equity practices) that the General Assembly would not directly vote on. Pierce and other supporters said the compact's language preserves receiving-state discretion: the receiving state's licensing authority determines which out-of-state licenses qualify and the compact includes withdrawal and oversight mechanisms.
Representative Teeple noted Mississippi's model, which includes implementation language to preserve state control and exclude certain endorsements, as a possible template for safeguards. Chairlady Erickson, who said she authored a state nursing-licensure compact, argued that compacts are established tools in South Carolina and that the measure would help recruit teachers โ including military spouses โ without changing classroom instruction.
During the meeting, Representative Mitchell asked about a fiscal-impact statement; Pierce said one had been requested and would be available in time and that the department did not expect a significant fiscal impact. After debate the committee called the question and voted to report H5309 favorably; the clerk announced the roll call result as 14 Aye and 4 Nay. Several members recorded Nay votes citing concerns including lack of a fiscal-impact statement and potential future rulemaking by the compact commission.
The committee's vote advances H5309 to the next stage of the legislative process. The record shows members requested further information (including a fiscal-impact statement) and discussed potential statutory language options used by other states to clarify implementation and preserve state control.
