S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7235
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to student class size  in
   public schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section 3204-A
 to read as follows:
   § 3204-A. STUDENT CLASS SIZE IN PUBLIC  SCHOOLS.  1.  (A)  ALL  SCHOOL
 DISTRICTS  LOCATED  OUTSIDE OF A CITY HAVING A POPULATION OF ONE MILLION
 OR MORE INHABITANTS SHALL ESTABLISH A PLAN, TO BE DEVELOPED  IN  COLLAB-
 ORATION  WITH  THE  SUPERINTENDENT  AND THE PRESIDENT OF EACH COLLECTIVE
 BARGAINING UNIT REPRESENTING THE TEACHERS, OTHER  CLASSROOM  STAFF,  AND
 THE  BUILDING  LEVEL  ADMINISTRATIVE STAFF, AND SUBMITTED TO THE COMMIS-
 SIONER FOR APPROVAL, TO REDUCE ACTUAL CLASS  SIZES  BEGINNING  SEPTEMBER
 TWO  THOUSAND  TWENTY-THREE AND TO BE ACHIEVED BY SEPTEMBER TWO THOUSAND
 TWENTY-EIGHT FOR ALL CLASSES, WITH THE EXCEPTION OF  PHYSICAL  EDUCATION
 AND PERFORMING GROUPS, AS FOLLOWS:
   (I)  KINDERGARTEN-THIRD GRADE TO HAVE NO MORE THAN TWENTY STUDENTS PER
 CLASS;
   (II) FOURTH-EIGHTH GRADE TO HAVE NO MORE  THAN  TWENTY-THREE  STUDENTS
 PER CLASS; AND
   (III) HIGH SCHOOL TO HAVE NO MORE THAN TWENTY-FIVE STUDENTS PER CLASS.
   (B)  PHYSICAL  EDUCATION AND PERFORMING GROUPS SHALL HAVE NO MORE THAN
 FORTY STUDENTS PER CLASS AT ALL LEVELS. EACH YEAR OF THE PLAN, AN  ADDI-
 TIONAL  TWENTY  PERCENT  OF  THE CLASSROOMS, EXCLUDING SPECIAL EDUCATION
 CLASSES, SHALL BE IN COMPLIANCE WITH THE  CLASS  SIZE  TARGETS  PROVIDED
 THAT  ALL  SCHOOL DISTRICTS SHALL BE IN FULL COMPLIANCE BY THE COMMENCE-
 MENT OF THE TWO THOUSAND TWENTY-EIGHT--TWO THOUSAND  TWENTY-NINE  SCHOOL
 YEAR AND ALL CLASSES SHALL MAINTAIN THE TARGET CLASS SIZE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11114-01-3
 S. 7235                             2
              

 
   2.  THE  CLASS SIZE REDUCTION PLAN SHALL INCLUDE ANY EXEMPTIONS TO THE
 CLASS SIZE TARGETS. THESE EXEMPTIONS SHALL BE LIMITED TO:    (I)  SPACE;
 (II)  OVER-ENROLLED  STUDENTS;  (III)  STAFF  SHORTAGES; AND (IV) SEVERE
 ECONOMIC DISTRESS. ANY SUCH EXEMPTIONS SHALL BE APPROVED BY  THE  SUPER-
 INTENDENT  AND  THE PRESIDENT OF EACH COLLECTIVE BARGAINING UNIT REPRES-
 ENTING THE TEACHERS, OTHER  CLASSROOM  STAFF,  AND  THE  BUILDING  LEVEL
 ADMINISTRATIVE  STAFF  AS  PART OF THE CLASS SIZE REDUCTION PLAN. SHOULD
 THE SUPERINTENDENT AND THE PRESIDENT OF EACH COLLECTIVE BARGAINING  UNIT
 REPRESENTING  THE  TEACHERS AND THE PRINCIPALS BE UNABLE TO REACH AGREE-
 MENT 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.
   3. THE CLASS SIZE REDUCTION PLAN SHALL ALSO INCLUDE THE METHODS TO  BE
 USED  TO  ACHIEVE  THE  CLASS  SIZE  TARGETS,  SUCH  AS  THE CREATION OR
 CONSTRUCTION OF MORE CLASSROOMS AND SCHOOL BUILDINGS, THE  PLACEMENT  OF
 MORE  THAN ONE TEACHER IN A CLASSROOM OR METHODS TO OTHERWISE REDUCE THE
 STUDENT TO TEACHER RATIO, BUT ONLY AS A  TEMPORARY  MEASURE  UNTIL  MORE
 CLASSROOMS ARE MADE AVAILABLE IN CONFORMANCE WITH THE PLAN. FOR ELECTIVE
 AND  SPECIALTY  CLASSES,  THE  COLLECTIVE  BARGAINING  UNIT REPRESENTING
 TEACHERS MAY NEGOTIATE CLASS SIZES  HIGHER  THAN  THE  TARGETS  IF  SUCH
 INCREASE IS APPROVED BY A MAJORITY OF THE TEACHING STAFF IN THE SCHOOL.
   4. EACH SCHOOL DISTRICT SHALL PREPARE ANNUAL REPORTS, ON THE DATES SET
 FORTH  BELOW, TO THE COMMISSIONER ON THE STATUS OF THE IMPLEMENTATION OF
 ITS PLAN TO REDUCE ACTUAL CLASS SIZES AS SET FORTH HEREIN.  SUCH  REPORT
 SHALL  BE PUBLICLY RELEASED AND POSTED ON THE SCHOOL DISTRICT'S WEBSITE,
 AND SHALL FURTHER  PROVIDE  THE  FOLLOWING  INFORMATION  REGARDING  SUCH
 SCHOOLS:
   (A)  THE ACTUAL STUDENT ENROLLMENT FOR THE CURRENT SCHOOL YEAR AND THE
 PROJECTED STUDENT ENROLLMENT FOR  THE  UPCOMING  SCHOOL  YEAR  FOR  EACH
 SCHOOL BY GRADE LEVEL;
   (B)  THE  ACTUAL  CLASS  SIZES  FOR  THE  CURRENT SCHOOL YEAR, AND THE
 PROJECTED CLASS SIZES FOR THE UPCOMING SCHOOL YEAR FOR  EACH  SCHOOL  BY
 GRADE LEVEL;
   (C)  THE  ANNUAL  CAPITAL  PLAN FOR SCHOOL CONSTRUCTION AND LEASING TO
 SHOW HOW MANY CLASSROOMS WILL BE ADDED IN EACH YEAR AND IN WHICH SCHOOLS
 AND DISTRICTS TO ACHIEVE THE CLASS SIZE TARGETS;
   (D) HOW THE SCHOOL CAPACITY IS ALIGNED TO THE CLASS  SIZE  TARGETS  IN
 THE SCHOOL DISTRICT'S CLASS SIZE REDUCTION PLAN; AND
   (E)  THE SCHOOLS THAT HAVE MADE INSUFFICIENT PROGRESS TOWARD ACHIEVING
 THE CLASS SIZE REDUCTION TARGETS SET FORTH IN THE  APPROVED  CLASS  SIZE
 REDUCTION  PLAN  PURSUANT  TO THIS SECTION AND A DETAILED DESCRIPTION OF
 THE ACTIONS THAT WILL BE TAKEN TO REDUCE CLASS SIZES  IN  SUCH  SCHOOLS.
 THE  REPORT  SHALL  BE  SUBMITTED  TO THE COMMISSIONER ON OR BEFORE JULY
 FIRST OF EACH YEAR AND MADE AVAILABLE TO THE PUBLIC BY SUCH DATE ON  THE
 SCHOOL DISTRICT'S WEBSITE. IF THE COMMISSIONER DETERMINES THAT THE ANNU-
 AL  REPORT  DOES NOT DEMONSTRATE SUFFICIENT DECREASES IN CLASS SIZE IN A
 DISTRICT, THEN THE COMMISSIONER SHALL ISSUE A STATEMENT  IN  WRITING  TO
 THE  DISTRICT MAKING THAT DETERMINATION AND THE DISTRICT SHALL MAKE SUCH
 STATEMENT AVAILABLE TO THE PUBLIC ON ITS WEBSITE AND THE SCHOOL DISTRICT
 SHALL SUBMIT A PLAN FOR CORRECTIVE  ACTION  WITHIN  THIRTY  DAYS,  WHICH
 SHALL  BE  DEVELOPED  IN  COLLABORATION  WITH THE SUPERINTENDENT AND THE
 PRESIDENT OF EACH COLLECTIVE BARGAINING UNIT REPRESENTING THE  TEACHERS,
 OTHER  CLASSROOM STAFF, AND THE BUILDING LEVEL ADMINISTRATIVE STAFF. THE
 S. 7235                             3
 
 SCHOOL DISTRICT'S CORRECTIVE ACTION PLAN SHALL ALSO BE MADE AVAILABLE TO
 THE PUBLIC ON THE SCHOOL  DISTRICT'S  WEBSITE  UPON  SUBMISSION  TO  THE
 DEPARTMENT.  THE FINAL CORRECTIVE ACTION PLAN SHALL BE MADE AVAILABLE TO
 THE  PUBLIC  UPON APPROVAL BY THE COMMISSIONER. THE REPORT SHALL ALSO BE
 CERTIFIED BY THE STATE COMPTROLLER THAT THE  SCHOOL  DISTRICT'S  CAPITAL
 AND  EDUCATION  FUNDING PLANS WILL PROVIDE SUFFICIENT SPACE AND STAFFING
 FOR THE REDUCTION IN CLASS SIZE SET FORTH HEREIN AND, IF NOT, WHAT MEAS-
 URES AND/OR FUNDING SHOULD BE ADDED TO THE PLAN TO ACHIEVE SUCH TARGETS.
   5. PROVIDED THE COMMISSIONER APPROVES THE CLASS SIZE  REDUCTION  PLAN,
 ANY  FAILURE TO MEET THE OBLIGATIONS OF SUCH PLAN WITHIN THE TIME FRAMES
 ESTABLISHED SHALL BE CONSIDERED A WILLFUL VIOLATION OF A  COMMISSIONER'S
 ORDER  PURSUANT  TO SUBDIVISION ONE OF SECTION THREE HUNDRED SIX OF THIS
 CHAPTER.
   6. IN ADDITION TO THE ANNUAL REPORTS, THE SCHOOL DISTRICT SHALL SUBMIT
 A FINANCIAL IMPACT STATEMENT ON NOVEMBER FIFTEENTH, TWO  THOUSAND  TWEN-
 TY-SIX.  THE  FINANCIAL  IMPACT  STATEMENT  MAY RECOMMEND A PAUSE OF THE
 CLASS SIZE REDUCTION PLAN, BUT IN NO EVENT MAY IT RESULT IN A ROLL  BACK
 OR INCREASE IN CLASS SIZES.
   7.  THE  PROCESS  SET  FORTH IN SUBDIVISIONS ONE THROUGH THREE OF THIS
 SECTION SHALL COMMENCE NO LATER THAN NOVEMBER FIFTEENTH EACH YEAR AND BE
 COMPLETED NO LATER THAN THIRTY DAYS AFTER ITS  COMMENCEMENT.  NOTICE  OF
 THE  PROCESS SHALL BE PROVIDED FIFTEEN DAYS PRIOR TO THE COMMENCEMENT OF
 THE FIRST AND SHALL BE POSTED ON THE SCHOOL DISTRICT'S WEBSITE  AS  WELL
 AS  TRANSMITTED  VIA  EMAIL TO SCHOOL ADMINISTRATORS, PARENT AND TEACHER
 ORGANIZATIONS, AND ELECTED OFFICIALS. THE PROPOSED PLAN SHALL BE SUBMIT-
 TED FOR STATE APPROVAL WITHIN TWO WEEKS FOLLOWING THE COMPLETION OF  THE
 PROCESS.  THE  PROPOSED  PLAN  SHALL  BE POSTED ON THE SCHOOL DISTRICT'S
 WEBSITE WITHIN TWENTY-FOUR HOURS OF ITS SUBMISSION.
   § 2. This act shall take effect immediately.