S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4889
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2023
                                ___________
 
 Introduced  by M. of A. CHANG -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in relation to delaying the implemen-
   tation  of  class  size  reduction  plans  and  including   additional
   exemptions to class size targets
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clauses (A) and (B) of subparagraph (ii) of paragraph b  of
 subdivision 2 of section 211-d of the education law, as amended by chap-
 ter 556 of the laws of 2022, are amended to read as follows:
   (A)  In  a  city  school district in a city having a population of one
 million or more inhabitants such contract shall  also  include  a  plan,
 which shall be developed in collaboration with the collective bargaining
 units  representing teachers and the principals and signed off on by the
 chancellor and the presidents of each bargaining unit, to reduce  actual
 class  sizes,  beginning September two thousand [twenty-two] TWENTY-NINE
 and to be achieved by September two thousand [twenty-seven]  THIRTY-FOUR
 for all classes, with the exception of physical education and performing
 groups,  as follows:   (1) kindergarten-third grade to have no more than
 twenty students per class; (2) fourth-eighth grade to have no more  than
 twenty-three  students  per  class;  and (3) high school to have no more
 than twenty-five students per class. Physical education  and  performing
 groups  shall  have no more than forty students per class at all levels.
 Each year of the plan, an additional twenty percent of the classrooms in
 the city school district, excluding special education classes, shall  be
 in  compliance  with  the  class  size targets such that the city school
 district is in full compliance by two  thousand  [twenty-seven]  THIRTY-
 FOUR  and  all  classes should maintain the target class size. The class
 size reduction plan shall prioritize schools  serving  populations  with
 higher poverty levels.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09370-01-3
 A. 4889                             2
              

 
   (B)  The class size reduction plan shall include any exemptions to the
 class size targets. These exemptions shall be limited to: (1) space; (2)
 over-enrolled students; (3) license area  shortages;  [and]  (4)  severe
 economic  distress;  (5)  GIFTED  AND TALENTED SCHOOLS AND PROGRAMS; (6)
 SCREENED  ADMISSIONS SCHOOLS AND PROGRAMS; (7) PORTFOLIO AND SPECIALIZED
 HIGH SCHOOLS; AND (8) ADVANCED PLACEMENT CLASSES.   Any such  exemptions
 shall be approved by the chancellor and the presidents of the collective
 bargaining units representing the teachers and the principals as part of
 the  class size reduction plan. Should the chancellor and the presidents
 of the collective bargaining units representing  the  teachers  and  the
 principals  be  unable to reach agreement on the exemptions after thirty
 days, the issue shall be determined by an arbitrator. In  addition,  any
 exemption  based  on  available  space  shall include a reference to the
 capital budget to demonstrate that the budget is aligned with  resolving
 the  exemption status. Exempted classes, for the years in which they are
 exempt, and special education classes shall not count toward the  twenty
 percent target.
   § 2. This act shall take effect immediately.