§ 3218. Evidence of age. 1. Evidence showing that the minor is of the required age shall be presented as follows:

Terms Used In N.Y. Education Law 3218

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

a. A duly certified transcript of a birth certificate filed according to law, or duly certified transcript of a record of baptism, giving the date of birth; or, if not available,

b. A passport showing the date of birth of the minor; or, if not available,

c. Other documentary evidence or other recorded evidence in existence two years or more, and satisfactory to the certificating officer, except an affidavit of age.

2. Certificate of age. A person over eighteen years of age may apply for a certificate of age to the superintendent of schools, the district superintendent, or to the certificating officer. Upon such application a certificate of age, containing the name, date of birth, address and signature of the applicant, shall be issued to him if he furnishes such evidence that he is over eighteen years of age as is required for the issuance of an employment certificate. Such a certificate of age or an employment certificate previously issued for such person shall be conclusive evidence for an employer that the person has reached the age certified to therein.