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.