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New York Education - Article 61 - § 3002 Oath to Support Federal and State Constitutions

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Education 
 
    § 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 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 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."
Section:  Previous  Article 61  3001  3001-A  3001-B  3001-C  3001-D  3002  3003  3004  3004-A  3004-B  3004-C  3005  3005-A  3005-B  Next

Last modified: February 15, 2014