N.Y. Education Law § 3001-a: Temporary teaching permit, person not a citizen

§ 3001-a. Temporary teaching permit, person not a citizen. A person,

not a citizen, who files with the department satisfactory proof that he

has filed with the attorney general of the United States a first

preference petition pursuant to section two hundred three (a) (1) of the

immigration and nationality act and that said petition has been approved

by such attorney general upon certification by the department of

justice, immigration and naturalization service, that he is unable to

adjust his status to that of a lawful permanent resident of the United

States solely because of an over-subscribed quota to which he is

chargeable may receive from the commissioner of education,

notwithstanding the provisions of subdivision three of section three

thousand one of this chapter, a temporary permit validating his

employment in a teaching capacity in the public schools of the state.

Such temporary permit shall be valid for one year from the date of issue

and may, upon proper application to the commissioner, be once renewed

for a further period of one year. Such application shall be in the form

required by the commissioner. Such applicant shall not be employed

until he 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

affidavit and oath required by this section shall be administered by the

superintendent of schools having jurisdiction over the school district

in which such person is to be employed or his duly authorized

representative and shall be filed with the commissioner of education.

Copies thereof shall be filed with the superintendent of schools.