STATE OF NEW YORK ________________________________________________________________________ 4889 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Clauses (A) and (B) of subparagraph (ii) of paragraph b of 2 subdivision 2 of section 211-d of the education law, as amended by chap- 3 ter 556 of the laws of 2022, are amended to read as follows: 4 (A) In a city school district in a city having a population of one 5 million or more inhabitants such contract shall also include a plan, 6 which shall be developed in collaboration with the collective bargaining 7 units representing teachers and the principals and signed off on by the 8 chancellor and the presidents of each bargaining unit, to reduce actual 9 class sizes, beginning September two thousand [twenty-two] twenty-nine 10 and to be achieved by September two thousand [twenty-seven] thirty-four 11 for all classes, with the exception of physical education and performing 12 groups, as follows: (1) kindergarten-third grade to have no more than 13 twenty students per class; (2) fourth-eighth grade to have no more than 14 twenty-three students per class; and (3) high school to have no more 15 than twenty-five students per class. Physical education and performing 16 groups shall have no more than forty students per class at all levels. 17 Each year of the plan, an additional twenty percent of the classrooms in 18 the city school district, excluding special education classes, shall be 19 in compliance with the class size targets such that the city school 20 district is in full compliance by two thousand [twenty-seven] thirty- 21 four and all classes should maintain the target class size. The class 22 size reduction plan shall prioritize schools serving populations with 23 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 1 (B) The class size reduction plan shall include any exemptions to the 2 class size targets. These exemptions shall be limited to: (1) space; (2) 3 over-enrolled students; (3) license area shortages; [and] (4) severe 4 economic distress; (5) gifted and talented schools and programs; (6) 5 screened admissions schools and programs; (7) portfolio and specialized 6 high schools; and (8) advanced placement classes. Any such exemptions 7 shall be approved by the chancellor and the presidents of the collective 8 bargaining units representing the teachers and the principals as part of 9 the class size reduction plan. Should the chancellor and the presidents 10 of the collective bargaining units representing the teachers and the 11 principals be unable to reach agreement on the exemptions after thirty 12 days, the issue shall be determined by an arbitrator. In addition, any 13 exemption based on available space shall include a reference to the 14 capital budget to demonstrate that the budget is aligned with resolving 15 the exemption status. Exempted classes, for the years in which they are 16 exempt, and special education classes shall not count toward the twenty 17 percent target. 18 § 2. This act shall take effect immediately.