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.