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A07056 Summary:

BILL NOA07056
 
SAME ASSAME AS S07235
 
SPONSORSolages
 
COSPNSRThiele
 
MLTSPNSR
 
Add 3204-A, Ed L
 
Relates to student class size in public schools in school districts located outside of a city having a population of one million or more inhabitants; requires such districts to develop a plan to reduce actual class sizes beginning September two thousand twenty-three.
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A07056 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7056
 
SPONSOR: Solages
  TITLE OF BILL: An act to amend the education law, in relation to student class size in public schools   PURPOSE: To cap class sizes in public schools outside of New York City.   SUMMARY: Section 1. Amends the education law by adding a new section 3204-A. Section 2. Sets the effective date.   JUSTIFICATION: Large class sizes have created unnecessary challenges for students to learn, and for teachers to provide individualized instruction. This bill will implement a cap on class sizes outside of NYC: K-3rd grade 20; 4th-8th grade 23; high school 25, and physical education and performance classes 40. Further, this bill will require annual reporting and allow for a gradual phase-in of class size reduction plans.   RACIAL JUSTICE IMPACT: TBD.   GENDER JUSTICE IMPACT: TBD.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: TBD.   EFFECTIVE DATE: This act shall take effect immediately.
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A07056 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7056
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2023
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee 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:

     1    Section 1. The education law is amended by adding a new section 3204-A
     2  to read as follows:
     3    § 3204-A. Student class size in public  schools.  1.  (a)  All  school
     4  districts  located  outside of a city having a population of one million
     5  or more inhabitants shall establish a plan, to be developed  in  collab-
     6  oration  with  the  superintendent  and the president of each collective
     7  bargaining unit representing the teachers, other  classroom  staff,  and
     8  the  building  level  administrative staff, and submitted to the commis-
     9  sioner for approval, to reduce actual class  sizes  beginning  September
    10  two  thousand  twenty-three and to be achieved by September two thousand
    11  twenty-eight for all classes, with the exception of  physical  education
    12  and performing groups, as follows:
    13    (i)  kindergarten-third grade to have no more than twenty students per
    14  class;
    15    (ii) fourth-eighth grade to have no more  than  twenty-three  students
    16  per class; and
    17    (iii) high school to have no more than twenty-five students per class.
    18    (b)  Physical  education and performing groups shall have no more than
    19  forty students per class at all levels. Each year of the plan, an  addi-
    20  tional  twenty  percent  of  the classrooms, excluding special education
    21  classes, shall be in compliance with the  class  size  targets  provided
    22  that  all  school districts shall be in full compliance by the commence-
    23  ment of the two thousand twenty-eight--two thousand  twenty-nine  school
    24  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

        A. 7056                             2
 
     1    2.  The  class size reduction plan shall include any exemptions to the
     2  class size targets. These exemptions shall be limited to:    (i)  space;
     3  (ii)  over-enrolled  students;  (iii)  staff  shortages; and (iv) severe
     4  economic distress. Any such exemptions shall be approved by  the  super-
     5  intendent  and  the president of each collective bargaining unit repres-
     6  enting the teachers, other  classroom  staff,  and  the  building  level
     7  administrative  staff  as  part of the class size reduction plan. Should
     8  the superintendent and the president of each collective bargaining  unit
     9  representing  the  teachers and the principals be unable to reach agree-
    10  ment on the exemptions after thirty days, the issue shall be  determined
    11  by  an  arbitrator.  In addition, any exemption based on available space
    12  shall include a reference to the capital budget to demonstrate that  the
    13  budget is aligned with resolving the exemption status. Exempted classes,
    14  for  the  years  in which they are exempt, and special education classes
    15  shall not count toward the twenty percent target.
    16    3. The class size reduction plan shall also include the methods to  be
    17  used  to  achieve  the  class  size  targets,  such  as  the creation or
    18  construction of more classrooms and school buildings, the  placement  of
    19  more  than one teacher in a classroom or methods to otherwise reduce the
    20  student to teacher ratio, but only as a  temporary  measure  until  more
    21  classrooms are made available in conformance with the plan. For elective
    22  and  specialty  classes,  the  collective  bargaining  unit representing
    23  teachers may negotiate class sizes  higher  than  the  targets  if  such
    24  increase is approved by a majority of the teaching staff in the school.
    25    4. Each school district shall prepare annual reports, on the dates set
    26  forth  below, to the commissioner on the status of the implementation of
    27  its plan to reduce actual class sizes as set forth herein.  Such  report
    28  shall  be publicly released and posted on the school district's website,
    29  and shall further  provide  the  following  information  regarding  such
    30  schools:
    31    (a)  the actual student enrollment for the current school year and the
    32  projected student enrollment for  the  upcoming  school  year  for  each
    33  school by grade level;
    34    (b)  the  actual  class  sizes  for  the  current school year, and the
    35  projected class sizes for the upcoming school year for  each  school  by
    36  grade level;
    37    (c)  the  annual  capital  plan for school construction and leasing to
    38  show how many classrooms will be added in each year and in which schools
    39  and districts to achieve the class size targets;
    40    (d) how the school capacity is aligned to the class  size  targets  in
    41  the school district's class size reduction plan; and
    42    (e)  the schools that have made insufficient progress toward achieving
    43  the class size reduction targets set forth in the  approved  class  size
    44  reduction  plan  pursuant  to this section and a detailed description of
    45  the actions that will be taken to reduce class sizes  in  such  schools.
    46  The  report  shall  be  submitted  to the commissioner on or before July
    47  first of each year and made available to the public by such date on  the
    48  school district's website. If the commissioner determines that the annu-
    49  al  report  does not demonstrate sufficient decreases in class size in a
    50  district, then the commissioner shall issue a statement  in  writing  to
    51  the  district making that determination and the district shall make such
    52  statement available to the public on its website and the school district
    53  shall submit a plan for corrective  action  within  thirty  days,  which
    54  shall  be  developed  in  collaboration  with the superintendent and the
    55  president of each collective bargaining unit representing the  teachers,
    56  other  classroom staff, and the building level administrative staff. The

        A. 7056                             3
 
     1  school district's corrective action plan shall also be made available to
     2  the public on the school  district's  website  upon  submission  to  the
     3  department.  The final corrective action plan shall be made available to
     4  the  public  upon approval by the commissioner. The report shall also be
     5  certified by the state comptroller that the  school  district's  capital
     6  and  education  funding plans will provide sufficient space and staffing
     7  for the reduction in class size set forth herein and, if not, what meas-
     8  ures and/or funding should be added to the plan to achieve such targets.
     9    5. Provided the commissioner approves the class size  reduction  plan,
    10  any  failure to meet the obligations of such plan within the time frames
    11  established shall be considered a willful violation of a  commissioner's
    12  order  pursuant  to subdivision one of section three hundred six of this
    13  chapter.
    14    6. In addition to the annual reports, the school district shall submit
    15  a financial impact statement on November fifteenth, two  thousand  twen-
    16  ty-six.  The  financial  impact  statement  may recommend a pause of the
    17  class size reduction plan, but in no event may it result in a roll  back
    18  or increase in class sizes.
    19    7.  The  process  set  forth in subdivisions one through three of this
    20  section shall commence no later than November fifteenth each year and be
    21  completed no later than thirty days after its  commencement.  Notice  of
    22  the  process shall be provided fifteen days prior to the commencement of
    23  the first and shall be posted on the school district's website  as  well
    24  as  transmitted  via  email to school administrators, parent and teacher
    25  organizations, and elected officials. The proposed plan shall be submit-
    26  ted for state approval within two weeks following the completion of  the
    27  process.  The  proposed  plan  shall  be posted on the school district's
    28  website within twenty-four hours of its submission.
    29    § 2. This act shall take effect immediately.
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