N.Y. Laws » CHAPTER Education / TITLE Teachers and Pupils / ARTICLE Teachers and Supervisory and Administrative Staff
New York Consolidated Laws

N.Y. Education Law § 3001 (2026)

Qualifications of teachers

✓ current as of May 2026
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§ 3001. Qualifications of teachers. No person shall be employed or
authorized to teach in the public schools of the state who is:
  1. Under the age of eighteen years.
  2. Not in possession of a teacher's certificate issued under the
authority of this chapter or a diploma issued on the completion of a
course in state college for teachers or state teachers college of this
state.
  The provisions of this subdivision shall not prohibit a certified
teacher from permitting a practice or cadet teacher enrolled in an
approved teacher education program from teaching a class without the
presence of the certified teacher in the classroom provided the
classroom certified teacher is available at all times and retains
supervision of the practice or cadet teacher. The number of certified
teachers shall not be diminished by reason of the presence of cadet
teachers.
  3. Not a citizen. The provisions of this subdivision shall not apply,
however, to a noncitizen teacher now or hereafter employed, provided
such teacher shall make due application to become a citizen and
thereafter within the time prescribed by law shall become a citizen. The
provisions of this subdivision shall not apply, after July first,
nineteen hundred sixty-seven, to a noncitizen teacher employed pursuant
to regulations adopted by the commissioner of education permitting such
employment. The citizenship requirements of this subdivision shall not
apply to a noncitizen teacher now or hereafter employed whose
immigration status is that of a lawful permanent resident of the United
States and who would otherwise be eligible to serve as a teacher, or to
apply for or receive permanent certification as a teacher, but for the
foregoing requirements of this subdivision.
Notes of Decisions
Cited in 16 cases, 1985–2011 · leading case: Winter v. Bd. of Educ., 588 N.E.2d 32 (NY 1992).
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Winter v. Bd. of Educ., 588 N.E.2d 32 (NY 1992). · cites it 12× “Both parties recognize that resolution of this issue turns on whether a teacher is "qualified" pursuant to Education Law § 3001.”
Duarte-Ceri v. Holder, 630 F.3d 83 (2d Cir. 2010). · cites it 2× “[4] N.Y. Educ. Law § 3001 ("No person shall be employed or authorized to teach in the public schools of the state who is .”
Speichler v. Bd. of Coop. Educ. Servs., 681 N.E.2d 366 (NY 1997). · cites it 2× “Analysis The Education Law requires a probationary period of three years for a certified teacher to secure tenure (Education Law § 3014 [1]; *114 see also , Education Law §§ 3001, 3006, 3010; Matter of Bradford Cent.”
Bd. of Educ. v. Ambach, 517 N.E.2d 509 (NY 1987). “While Margolin’s brief in this court now characterizes his complaint as one for out-of-certification assignment (see, Education Law §§ 3001, 3009 (1); § 3010; 8 NYCRR 80.”
Gulino v. Bd. of Educ. of the City Sch. Dist. of New York, 236 F. Supp. 2d 314 (S.D.N.Y. 2002). · cites it 2× “See Educ. Law § 3001. 17 Furthermore, the undisputed facts of this case demonstrate that certification for teachers is not the same as licensing for other professionals, like lawyers and doctors.”
Berrios v. Bd. of Educ. of Yonkers City Sch. Dist., 87 A.D.3d 329 (N.Y. App. Div. 2011). · cites it 2× “In order to be a “teacher” in the New York State public school system, one must possess a valid teacher’s certificate issued by the Commissioner of the New York State Education Department or a valid regional credential (see Education Law § 3001 [2] [“No person shall be employed…”
Falchenberg v. New York City Dep't of Educ., 375 F. Supp. 2d 344 (S.D.N.Y. 2005). “Education Law § 3009 and N.Y. Edu. Law § 3001 (Mun. Def. Mem., at 4), as well as 8 NYCRR § 7.”
Margolin v. Newman, 130 A.D.2d 312 (N.Y. App. Div. 1987). “PERB did not err in failing to consider petitioner’s assertion that his assignment was in violation of the Education Law (see, Education Law §§ 3001, 3010; 8 NYCRR 80.2 [c]), for no such claim was included in the original charge or pursued at the hearing.”
Welcher v. Sobol, 222 A.D.2d 1001 (N.Y. App. Div. 1995). “The School District, in terminating plaintiff’s employment, was acting lawfully since plaintiff cannot teach without a certificate (see, Education Law § 3001 [2]) and he would not be able to recover back pay from the School District if successful in the main action.”
In re the Arbitration between New York State Off. of Child. & Fam. Servs. & Lanterman, 62 A.D.3d 1109 (N.Y. App. Div. 2009). · cites it 2× “To meet that need, the Legislature mandated that an individual, to be eligible for employment as a teacher in our public school system, must possess certain qualifications, including a teacher’s certificate issued by SED or a diploma from a state teacher’s college (see Education…”
Anderson v. Cortland City Sch. Dist., 147 Misc. 2d 7 (N.Y. Sup. Ct. 1990). “Education Law § 3001 governs the qualifications required of teachers, which are dramatically different from those required of teaching assistants.”
Pierce v. Monroe 2—Orleans Bd. of Coop. Educ. Servs., 195 Misc. 2d 178 (N.Y. Sup. Ct. 2003). “In order to be a teacher in a New York State public school, one must possess a teacher’s certificate (Education Law § 3001). A certified teacher is subject to a three-year probationary period prior to obtaining tenure (Education Law § 3014 [1]; Matter of Speichler v Board of…”
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