N.Y. Education Law § 3215-a: General certification provisions

* § 3215-a. General certification provisions. 1. Certificating

officials. Employment certificates or permits shall be issued by the

chancellor in the city school district of the city of New York, and by

the superintendent of schools in other school districts, provided that

the district superintendent of schools may issue such certificates or

permits for students attending classes operated by a board of

cooperative educational services, and the principal of a nonpublic

secondary school may issue such certificates or permits for students

attending such school. The chancellor in New York city, or elsewhere the

superintendent of schools or district superintendent of schools may

designate in writing the principal of the public school the minor

attends or last attended or other public school official to act as

certificating official in his stead. During the months of July and

August, and at other times in extraordinary circumstances and

emergencies, one or more public school officials shall be designated in

writing by the chancellor in New York city and elsewhere by the

superintendent or district superintendent to act as certificating

officials. The designation or authorization of certificating officials

in public schools shall be subject to such limitations or standards as

may be prescribed by the chancellor in New York city and elsewhere by

the superintendent or district superintendent.

2. Revocation. Employment certificates or permits may be revoked for

cause by the chancellor in New York city and elsewhere by the

superintendent of schools or the district superintendent of schools

within their respective jurisdictions, or, by a principal of a nonpublic

secondary school for a student attending such school. Where a student

who is required to attend school pursuant to section thirty-two hundred

five of this article has failed no less than four academic courses in

one semester, the chancellor in New York city, and elsewhere the

superintendent of schools or the district superintendent of schools

within their respective jurisdictions, or a principal of a nonpublic

secondary school may revoke such student's employment certificate or

permit. In determining whether to revoke an employment certificate or

permit, the chancellor in New York city, and elsewhere the

superintendent of schools or the district superintendent of schools

within their respective jurisdictions, or a principal of a nonpublic

secondary school, shall consider, (1) an evaluation of the student's

overall academic performance and past academic record; (2) an

examination of the student's attendance record; (3) the economic need of

the student's family for the income provided by the student; (4) the

willingness of the student to participate in a cooperative education

program, work study program, school to work program or any other

structured program which provides a student with an opportunity to earn

income while earning academic credit; (5) such other factors as the

aforementioned officials identify; and (6) any material submitted by the

student.

Notwithstanding any other provisions of law, nothing in this section

shall be construed to prevent any student from obtaining an employment

certificate or permit for the purpose of working during the months of

July and August.

3. Approval of form and contents. The commissioner of education shall

prescribe or approve the form and contents of all certificates, permits,

physical examination records, and schooling records required by part one

of this article. The form of such certificates and permits shall also be

subject to the approval of the industrial commissioner.

* NB Effective until May 9, 2027

* § 3215-a. General certification provisions. 1. Certificating

officials. Employment certificates or permits shall be issued by the

commissioner of labor. The commissioner of labor may share the status of

a student's certificate or permit with the chancellor in the city school

district of the city of New York and elsewhere with the superintendent

of schools or the district superintendent of schools within their

respective jurisdictions or with a principal of a nonpublic secondary

school for a student attending such school.

2. Revocation. Employment certificates or permits may be revoked by

the commissioner of labor pursuant to section one hundred thirty-five of

the labor law.

Notwithstanding any other provisions of law, nothing in this section

shall be construed to prevent any student from obtaining an employment

certificate or permit for the purpose of working during the months of

July and August.

3. Approval of form and contents. The commissioner of labor, in

consultation with the commissioner of education, shall prescribe the

form and contents of all certificates, permits, and schooling records

required by part one of this article for employment purposes and

consistent with section one hundred thirty-five of the labor law. Any

employment certificate or permit issued pursuant to this part shall be

issued electronically within the database created and maintained by the

department of labor, in consultation with and with support from the

department, pursuant to section one hundred thirty-five of the labor

law.

* NB Effective May 9, 2027