* § 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