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This entry was published on 2014-09-22
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Temporary teaching permit, person not a citizen
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 61
§ 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

"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.