S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    843
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to contracts  for  excel-
   lence;  and to amend a chapter of the laws of 2022 amending the educa-
   tion law relating to the contract for  excellence  in  a  city  school
   district in a city having a population of one million or more inhabit-
   ants,  as  proposed in legislative bills numbers S. 9460 and A. 10498,
   in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause (A) of subparagraph (ii), clause (G) of subparagraph
 (iii)  and subparagraph (v) of paragraph (b) of subdivision 2 of section
 211-d of the education law, clause (A) of subparagraph (ii)  and  clause
 (G)  of subparagraph (iii) as amended and subparagraph (v) as added by a
 chapter of the laws of 2022, amending the education law relating to  the
 contract  for  excellence  in  a city school district in a city having a
 population of one million or more inhabitants, as proposed  in  legisla-
 tive bills numbers S. 9460 and A. 10498, 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 BEGINNING IN SEPTEMBER
 TWO THOUSAND TWENTY-TWO and signed off on  by  the  chancellor  and  the
 presidents of each bargaining unit, to reduce actual class sizes, begin-
 ning  September  [two thousand twenty-two] TWO THOUSAND TWENTY-THREE and
 to be achieved by September [two  thousand  twenty-seven]  TWO  THOUSAND
 TWENTY-EIGHT  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04141-01-3
              

 S. 843                              2
 
 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]  TWO  THOUSAND  TWENTY-EIGHT  and all classes should maintain the
 target class size.  The  class  size  reduction  plan  shall  prioritize
 schools serving populations with higher poverty levels.
   (G)  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  subparagraph (ii) of this paragraph 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 Novem-
 ber fifteenth TWO  THOUSAND  TWENTY-THREE  AND  ON  OR  BEFORE  NOVEMBER
 FIFTEENTH  of  each  year THEREAFTER and made available to the public by
 such date on the city  school  district's  website.  If  the  department
 determines  that  the  November  fifteenth  report  does not demonstrate
 sufficient decreases in class size, the department shall issue a  letter
 making  that  determination  public  on  its website and the city school
 district shall immediately submit a plan for  corrective  action,  which
 shall be developed in collaboration with the collective bargaining units
 representing  the  teachers  and the principals and signed off on by the
 chancellor and the president of each  collective  bargaining  unit.  The
 city  school district's corrective action plan shall also be made avail-
 able to the public on the city school district's website upon submission
 to the department. The final corrective action plan shall be made avail-
 able to the public upon approval by the  department.  The  report  shall
 also  be certified by the state or city comptroller that the city school
 district's capital and education funding plans will  provide  sufficient
 space  and  staffing  for  the reduction in class size set forth in this
 paragraph and, if not, what measures and/or funding should be  added  to
 the plan to achieve such targets.
   (v)  In addition to the annual reports, the city school district shall
 submit a financial impact statement on November fifteenth, [two thousand
 twenty-four] TWO THOUSAND TWENTY-FIVE. 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.
   § 2. Section 6 of a chapter of the laws of 2022 amending the education
 law relating to the contract for excellence in a city school district in
 a city having a population  of  one  million  or  more  inhabitants,  as
 proposed  in  legislative bills numbers S. 9460 and A. 10498, is amended
 to read as follows:
   § 6. This act shall take effect immediately; provided that the  amend-
 ments  to paragraph e of subdivision 1 of section 211-d of the education
 law made by section one of this act shall take effect [on the same  date
 and  in the same manner as section 1 of part A of chapter 56 of the laws
 of 2022, takes effect] JULY 1, 2023;  AND  PROVIDED,  FURTHER  THAT  THE
 AMENDMENTS  TO  PARAGRAPH  D  OF  SUBDIVISION  4 OF SECTION 211-D OF THE
 EDUCATION LAW MADE BY SECTION FOUR OF THIS ACT SHALL TAKE  EFFECT  APRIL
 1, 2023.
   §  3. This act shall take effect immediately; provided that the amend-
 ments to clause (A) of subparagraph (ii),  clause  (G)  of  subparagraph
 (iii)  and subparagraph (v) of paragraph (b) of subdivision 2 of section
 211-d of the education law made by section one of this  act  shall  take
 effect  on the same date and in the same manner as a chapter of the laws
 S. 843                              3
 
 of 2022 amending the education law relating to the contract  for  excel-
 lence  in  a  city  school district in a city having a population of one
 million or more inhabitants, as proposed in legislative bills numbers S.
 9460 and A. 10498, takes effect.