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 Jun. 15, 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...

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 3002’s source at nysenate​.gov

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