S T A T E O F N E W Y O R K
________________________________________________________________________
5613--A
2009-2010 Regular Sessions
I N S E N A T E
May 21, 2009
___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Education --
recommitted to the Committee on Education in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to providing that vari-
ance of class size by notification for the middle and secondary grades
will no longer be permitted for special act school districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 1 of paragraph d of subdivision 2 of section
4402 of the education law, as amended by chapter 474 of the laws of
1996, is amended to read as follows:
1. Notwithstanding any provision of law, rule or regulation to the
contrary, the board of education or trustees of a school district,
except a city school district in a city with a population of one million
or more inhabitants OR A SPECIAL ACT SCHOOL DISTRICT may, upon written
notice to the commissioner in compliance with subparagraph two of this
paragraph and parental notification, for the remainder of the school
year exceed the standards established in regulation for special educa-
tion class sizes for middle and secondary school students as defined by
the commissioner for purposes of this section by no more than a twenty
percent increase above such standards, provided that the district is in
compliance with such standards at the start of classes in September of
the school year, and further provided that a city school district in a
city with a population of one hundred twenty-five thousand or more and
less than one million inhabitants shall have the option of either
increasing maximum class sizes in any school year pursuant to this
section or establishing class sizes for special classes for certain
students with disabilities in accordance with the provisions of subdivi-
sion six of this section.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11981-02-0
S. 5613--A 2
S 2. This act shall take effect immediately, provided however, that
the amendments to paragraph d of subdivision 2 of section 4402 of the
education law made by section one of this act shall not affect the
repeal of such paragraph and shall be deemed repealed therewith.