N.Y. Education Law Section 3002
Oath to support federal and state constitutions

It shall be unlawful for any citizen of the United States to serve as teacher, instructor or professor in any school or institution in the public school system of the state or in any school, college, university or other educational institution in this state, whose real property, in whole or in part, is exempt from taxation under Tax Law § 4 (Exemption from certain excise and sales taxes granted to the United Nations)section four of the tax law unless and until he or she shall have taken and subscribed the following oath or affirmation: “I do solemnly swear (or affirm) that I will support the constitution of the United States of America and the constitution of the State of New York, and that I will faithfully discharge, according to the best of my ability, the duties of the position of ........................(title of position and name or designation of school, college, university or institution to be here inserted), to which I am now assigned.” The oath required by this section shall be administered by the president or other head of such school, college, university or institution, or by the officer or person, or in the case of a board or body by a member of the board or body, having authority to employ such person as a teacher, instructor or professor in such school, college, university or institution, and each is hereby authorized to administer it. The officer, person or member administering such oath shall cause a record or notation of the fact to be made in the books or records of the school, college, university or institution. In lieu of the oath administered by an officer, person or member, an employee may comply with the requirements of this section by subscribing and filing the following statement: “I do hereby pledge and declare that I will support the constitution of the United States and the constitution of the State of New York, and that I will faithfully discharge the duties of the position of ..........................according to the best of my ability.” Such oath or statement shall be filed with the clerk of a school district or with such officer or employee of any such college, university or other educational institution that shall be designated for such purpose. Such oaths or statements shall be available for public inspection and for transmittal to the commissioner of education upon his request. It shall be unlawful for an officer, person or board having control of the employment, dismissal or suspension of teachers, instructors or professors in such a school, college, university or institution, to permit a person to serve in any such capacity therein in violation of the provisions of this section. This section shall not be construed to require a person to take such oath or to execute such statement more than once during the time he or she is employed in the same school, college, university or institution, though there be a change in the title or duties of the position. The provisions of Civil Service Law § 62 (Constitutional oath upon appointment)section sixty-two of the civil service law shall not apply to a person who is required to take the oath or execute the statement prescribed by this section. An enrolled member of an Indian nation or an Indian individual having an affiliation with an Indian nation recognized by the United States or the state of New York may elect to comply with the requirements of this section by instead subscribing and filing the following statement: “I do solemnly affirm that I will faithfully discharge the duties of the position of according to the best of my ability, and perform my duties in a manner consistent with the constitution of the United States and the constitution of the state of New York.”

Source: Section 3002 — Oath to support federal and state constitutions, https://www.­nysenate.­gov/legislation/laws/EDN/3002 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

3001
Qualifications of teachers 3001‑A
Temporary teaching permit, person not a citizen 3001‑B
First aid instruction mandatory for coaches of extra-class public school athletic activities 3001‑C
First aid instruction mandatory for coaches of high school extra-class nonpublic school athletic activities 3001‑D
Criminal history record checks and conditional appointments 3002
Oath to support federal and state constitutions 3003
Qualifications of superintendents 3004
Regulations governing certification of teachers 3004‑A
National board for professional teaching standards certification grant program 3004‑B
Special procedures for certification 3004‑C
Denial of application for certification 3005
Leave of absence to teachers for teaching in foreign countries, other states and territories and other school districts 3005‑A
Leave of absence for teaching purposes 3005‑B
Leave of absence for personal illness 3006
Commissioner of education to issue certificates 3006‑A
Registration and continuing teacher and leader education requirements for holders of professional certificates in the classroom teaching ... 3007
Endorsement of foreign certificates and diplomas 3008
Certification of teachers by local authorities 3009
Unqualified teachers shall not be paid from school moneys 3010
Penalty for payment of unqualified teacher 3011
Contract with teacher 3012
Tenure: certain school districts 3012‑A
Elementary tenure area 3012‑C
Annual professional performance review of classroom teachers and building principals 3012‑D
Annual teacher and principal evaluations 3013
Abolition of office or position 3014
Tenure: boards of cooperative educational services 3014‑A
Teachers’ rights as a result of a board or boards of cooperative educational services taking over a program formerly operated by a school... 3014‑B
Teachers’ rights as a result of a school district taking over a program formerly operated by a board of cooperative educational services 3014‑C
Teachers’ rights as a result of a school district taking back tuition students 3014‑D
Teachers’ rights as a result of a school district sending students to another district on a tuition basis pursuant to section two thousan... 3015
Teacher’s salary when payable 3016
Contract when teacher is related to trustee or member of board of education 3017
Individual liability of trustees 3018
Revocation of certificate by district superintendent 3019
Penalty for teacher’s failure to complete contract 3019‑A
Notice of termination of service by teachers 3020
Discipline of teachers 3020‑A
Disciplinary procedures and penalties 3020‑B
Streamlined removal procedures for teachers rated ineffective 3021
Removal of superintendents, teachers and employees for treasonable or seditious acts or utterances 3021‑A
Notification of accusatory instrument alleging a sex offense 3022
Elimination of subversive persons from the public school system 3023
Liability of a board of education, trustee, trustees or board of cooperative educational services 3024
Teachers responsible for record books 3025
Verification of school register 3026
Discriminations based on sex prohibited 3027
Discrimination based on age prohibited 3028
Liability of school district for cost and attorney’s fees of action against, or prosecutions of, teachers, members of supervisory and adm... 3028‑A
Students under twenty-one years of age suspected of alcohol abuse or narcotic addiction 3028‑B
Notification of teachers’ duty to provide information and immunity from liability 3028‑C
Protection of school employees who report acts of violence and weapons possession 3028‑D
Protection of school employees who report information regarding illegal or inappropriate financial practices 3029
Hours of continuous duty for full time teachers 3029‑A
Silent meditation in public schools 3030
Interstate agreement on qualifications of educational personnel 3031
Procedure when tenure not to be granted at conclusion of probationary period or when services to be discontinued 3032
Teacher summer business training and employment program 3033
New York state mentor teacher-internship program 3034
Teacher career recruitment clearinghouse 3035
Duties of commissioner 3036
Coursework for reporting child abuse and maltreatment for those with coaching licenses or coaching certificates 3037
Grants for hiring teachers 3038
The superintendent of each school district, in consultation with the district superintendent of a board of cooperative educational servic...
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Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 3002’s source at nysenate​.gov

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