New York Laws
Article 61 - Teachers and Supervisory and Administrative Staff
3002 - Oath to Support Federal and State Constitutions.

§ 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."

Structure New York Laws