A07447 Summary:

BILL NOA07447A
 
SAME ASSAME AS S06296-A
 
SPONSORSimon
 
COSPNSRNiou, Epstein, Davila, Gallagher, Barnwell, Carroll, Glick, Gonzalez-Rojas, Gottfried, Mitaynes, Forrest, Gibbs, Walker, Mamdani, Cunningham
 
MLTSPNSR
 
Amd §211-d, Ed L
 
Requires city school districts in cities having a population of one million or more to develop class size reduction plans beginning in September 2022 to reduce the average classroom size citywide, by district, and by school in such districts by the 2027-2028 school year.
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A07447 Actions:

BILL NOA07447A
 
05/10/2021referred to education
01/05/2022referred to education
02/07/2022amend and recommit to education
02/07/2022print number 7447a
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A07447 Committee Votes:

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A07447 Floor Votes:

There are no votes for this bill in this legislative session.
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A07447 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7447--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2021
                                       ___________
 
        Introduced  by  M.  of A. SIMON, NIOU, EPSTEIN, DAVILA, GALLAGHER, BARN-
          WELL, CARROLL, GLICK, GONZALEZ-ROJAS, GOTTFRIED, MITAYNES -- read once
          and referred to the Committee  on  Education  --  recommitted  to  the
          Committee  on  Education in accordance with Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT  to amend the education law, in relation to requiring class size
          reduction plans in city school districts in cities having a population
          of one million or more
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    Paragraph  e  of  subdivision 1 of section 211-d of the
     2  education law, as amended by section 1 of part A of chapter  56  of  the
     3  laws of 2021, is amended to read as follows:
     4    e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
     5  district that submitted a contract for excellence for the  two  thousand
     6  eight--two  thousand nine school year shall submit a contract for excel-
     7  lence for the  two  thousand  nine--two  thousand  ten  school  year  in
     8  conformity  with the requirements of subparagraph (vi) of paragraph a of
     9  subdivision two of this section unless all schools in the  district  are
    10  identified  as  in  good  standing  and  provided further that, a school
    11  district that submitted a contract for excellence for the  two  thousand
    12  nine--two  thousand  ten school year, unless all schools in the district
    13  are identified as in good standing, shall submit a contract  for  excel-
    14  lence for the two thousand eleven--two thousand twelve school year which
    15  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
    16  graph a of subdivision two of this section, provide for the  expenditure
    17  of  an  amount  which  shall  be not less than the product of the amount
    18  approved by the commissioner in the contract for excellence for the  two
    19  thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
    20  district's gap elimination adjustment percentage  and  provided  further
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10991-09-2

        A. 7447--A                          2
 
     1  that, a school district that submitted a contract for excellence for the
     2  two thousand eleven--two thousand twelve school year, unless all schools
     3  in  the  district  are  identified  as  in good standing, shall submit a
     4  contract  for excellence for the two thousand twelve--two thousand thir-
     5  teen school  year  which  shall,  notwithstanding  the  requirements  of
     6  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
     7  provide for the expenditure of an amount which shall be  not  less  than
     8  the  amount  approved by the commissioner in the contract for excellence
     9  for the  two  thousand  eleven--two  thousand  twelve  school  year  and
    10  provided  further  that, a school district that submitted a contract for
    11  excellence for the two thousand  twelve--two  thousand  thirteen  school
    12  year,  unless  all  schools  in  the  district are identified as in good
    13  standing, shall submit a contract for excellence for  the  two  thousand
    14  thirteen--two thousand fourteen school year which shall, notwithstanding
    15  the  requirements of subparagraph (vi) of paragraph a of subdivision two
    16  of this section, provide for the expenditure of an amount which shall be
    17  not less than the amount approved by the commissioner  in  the  contract
    18  for excellence for the two thousand twelve--two thousand thirteen school
    19  year  and  provided  further  that,  a  school district that submitted a
    20  contract for excellence for  the  two  thousand  thirteen--two  thousand
    21  fourteen  school year, unless all schools in the district are identified
    22  as in good standing, shall submit a contract for excellence for the  two
    23  thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
    24  notwithstanding the requirements of subparagraph (vi) of paragraph a  of
    25  subdivision  two  of  this  section,  provide  for the expenditure of an
    26  amount which shall be not less than the amount approved by  the  commis-
    27  sioner in the contract for excellence for the two thousand thirteen--two
    28  thousand  fourteen  school  year;  and  provided  further that, a school
    29  district that submitted a contract for excellence for the  two  thousand
    30  fourteen--two  thousand  fifteen  school year, unless all schools in the
    31  district are identified as in good standing, shall submit a contract for
    32  excellence for the two thousand  fifteen--two  thousand  sixteen  school
    33  year  which shall, notwithstanding the requirements of subparagraph (vi)
    34  of paragraph a of subdivision two  of  this  section,  provide  for  the
    35  expenditure  of  an  amount  which  shall  be  not  less than the amount
    36  approved by the commissioner in the contract for excellence for the  two
    37  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
    38  further that a school district that submitted a contract for  excellence
    39  for  the  two thousand fifteen--two thousand sixteen school year, unless
    40  all schools in the district are identified as in  good  standing,  shall
    41  submit a contract for excellence for the two thousand sixteen--two thou-
    42  sand seventeen school year which shall, notwithstanding the requirements
    43  of  subparagraph (vi) of paragraph a of subdivision two of this section,
    44  provide for the expenditure of an amount which shall be  not  less  than
    45  the  amount  approved by the commissioner in the contract for excellence
    46  for the two thousand fifteen--two  thousand  sixteen  school  year;  and
    47  provided  further  that, a school district that submitted a contract for
    48  excellence for the two thousand sixteen--two thousand  seventeen  school
    49  year,  unless  all  schools  in  the  district are identified as in good
    50  standing, shall submit a contract for excellence for  the  two  thousand
    51  seventeen--two  thousand eighteen school year which shall, notwithstand-
    52  ing the requirements of subparagraph (vi) of paragraph a of  subdivision
    53  two  of  this  section,  provide  for the expenditure of an amount which
    54  shall be not less than the amount approved by the  commissioner  in  the
    55  contract  for  excellence  for  the  two  thousand sixteen--two thousand
    56  seventeen school year; and provided further that a school district  that

        A. 7447--A                          3
 
     1  submitted  a contract for excellence for the two thousand seventeen--two
     2  thousand eighteen school year, unless all schools in  the  district  are
     3  identified  as  in good standing, shall submit a contract for excellence
     4  for  the  two thousand eighteen--two thousand nineteen school year which
     5  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
     6  graph  a of subdivision two of this section, provide for the expenditure
     7  of an amount which shall be not less than the  amount  approved  by  the
     8  commissioner  in the contract for excellence for the two thousand seven-
     9  teen--two thousand eighteen school year; and provided  further  that,  a
    10  school  district  that  submitted  a contract for excellence for the two
    11  thousand eighteen--two thousand nineteen school year, unless all schools
    12  in the district are identified as  in  good  standing,  shall  submit  a
    13  contract  for  excellence  for  the  two thousand nineteen--two thousand
    14  twenty school year which  shall,  notwithstanding  the  requirements  of
    15  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    16  provide for the expenditure of an amount which shall be  not  less  than
    17  the  amount  approved by the commissioner in the contract for excellence
    18  for the two thousand eighteen--two thousand nineteen  school  year;  and
    19  provided  further  that, a school district that submitted a contract for
    20  excellence for the two thousand  nineteen--two  thousand  twenty  school
    21  year,  unless  all  schools  in  the  district are identified as in good
    22  standing, shall submit a contract for excellence for  the  two  thousand
    23  twenty--two thousand twenty-one school year which shall, notwithstanding
    24  the  requirements of subparagraph (vi) of paragraph a of subdivision two
    25  of this section, provide for the expenditure of an amount which shall be
    26  not less than the amount approved by the commissioner  in  the  contract
    27  for excellence for the two thousand nineteen--two thousand twenty school
    28  year;  and  provided  further  that,  a school district that submitted a
    29  contract for excellence for the two thousand twenty--two thousand  twen-
    30  ty-one school year, unless all schools in the district are identified as
    31  in  good  standing,  shall  submit a contract for excellence for the two
    32  thousand twenty-one--two thousand twenty-two school  year  which  shall,
    33  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    34  subdivision two of this section,  provide  for  the  expenditure  of  an
    35  amount  which  shall be not less than the amount approved by the commis-
    36  sioner in the contract for excellence for the two  thousand  twenty--two
    37  thousand  twenty-one  school  year;  and provided further that, a school
    38  district that submitted a contract for excellence for the  two  thousand
    39  twenty-one--two  thousand  twenty-two school year, unless all schools in
    40  the district are identified as in good standing, shall submit a contract
    41  for excellence for the two  thousand  twenty-two--two  thousand  twenty-
    42  three  school  year  which  shall, for a city having a population of one
    43  million or more, notwithstanding the requirements of  subparagraph  (vi)
    44  of  paragraph  a  of  subdivision  two  of this section, provide for the
    45  expenditure as set forth in  subparagraph (v) of paragraph a of subdivi-
    46  sion two of this section. For purposes of this paragraph, the "gap elim-
    47  ination adjustment percentage" shall be calculated as  the  sum  of  one
    48  minus  the  quotient  of the sum of the school district's net gap elimi-
    49  nation adjustment for two thousand  ten--two  thousand  eleven  computed
    50  pursuant  to chapter fifty-three of the laws of two thousand ten, making
    51  appropriations for the support of government, plus the school district's
    52  gap elimination adjustment for two thousand eleven--two thousand  twelve
    53  as  computed pursuant to chapter fifty-three of the laws of two thousand
    54  eleven, making appropriations for the support of  the  local  assistance
    55  budget,  including  support  for  general  support  for  public schools,
    56  divided by the total aid for adjustment  computed  pursuant  to  chapter

        A. 7447--A                          4
 
     1  fifty-three  of  the  laws of two thousand eleven, making appropriations
     2  for the local assistance budget, including support for  general  support
     3  for  public  schools.  Provided,  further,  that  such  amount  shall be
     4  expended  to  support  and  maintain  allowable  programs and activities
     5  approved in the two thousand nine--two thousand ten school  year  or  to
     6  support new or expanded allowable programs and activities in the current
     7  year.
     8    §  2. Subparagraph (v) of paragraph a and subparagraphs (ii) and (iii)
     9  of paragraph b of subdivision 2 of section 211-d of the  education  law,
    10  subparagraph  (v) of paragraph a and subparagraph (ii) of paragraph b as
    11  amended by section 2 of part A of chapter 57 of the  laws  of  2008  and
    12  subparagraph  (iii)  as  added by section 3-a of part A of chapter 57 of
    13  the laws of 2009, are amended to read as follows:
    14    (v) In a city school district in a city having  a  population  of  one
    15  million or more inhabitants, each contract for excellence shall describe
    16  how  the  amounts apportioned to the school district in the current year
    17  as total foundation aid and academic achievement grants,  in  excess  of
    18  one  hundred  three  percent  of the district's foundation aid base[, as
    19  adjusted for additional amounts payable as charter school basic  tuition
    20  over such amount payable in the base year], shall be used to support new
    21  programs and new activities or expand the use of programs and activities
    22  demonstrated  to  improve  student  achievement; provided however, up to
    23  thirty million dollars or  twenty-five  percent  of  additional  funding
    24  received in the current year, whichever is less, may be used to maintain
    25  investments  in  the  programs  and  activities listed in paragraph a of
    26  subdivision three of this section.
    27    (ii) In a city school district in a city having a  population  of  one
    28  million  or  more inhabitants such contract shall also include a plan to
    29  reduce citywide average class sizes  and  by  district  and  school,  as
    30  defined by the commissioner, [within five years] beginning September two
    31  thousand  twenty-two  and to be achieved by September two thousand twen-
    32  ty-seven for the  following  grade  ranges:  (A)  pre-kindergarten-third
    33  grade; (B) fourth-eighth grade; and (C) high school, and shall thereaft-
    34  er  maintain  the  average  class sizes achieved by such date.  For core
    35  academic classes, class sizes shall be capped after  five  years  at  no
    36  more  than  twenty  students  per  class  in grades kindergarten through
    37  third, twenty-three students per class in grades fourth through  eighth,
    38  and twenty-five students in high school.  Such plan shall include annual
    39  class size reduction for low performing and overcrowded schools and also
    40  include  the methods to be used to achieve such class sizes, such as the
    41  creation or construction of more classrooms and  school  buildings,  the
    42  placement  of  more than one teacher in a classroom or methods to other-
    43  wise reduce the student  to  teacher  ratio[;  provided,  however,  that
    44  notwithstanding  any  law,  rule or regulation to the contrary, the sole
    45  and exclusive remedy for a violation of the requirements of  this  para-
    46  graph shall be pursuant to a petition to the commissioner under subdivi-
    47  sion  seven of section three hundred ten of this title, and the decision
    48  of the commissioner on such petition shall be  final  and  unreviewable]
    49  but only as a temporary measure until more classrooms are made available
    50  in conformance with the plan.
    51    (iii)  A  city  school  district  in a city having a population of one
    52  million or more inhabitants shall prepare [a report] annual reports,  on
    53  the  dates  set  forth  below,  to the commissioner on the status of the
    54  implementation of its plan to reduce average  class  sizes  pursuant  to
    55  subparagraph  (ii)  of  this  paragraph. Such report shall [identify] be
    56  publicly released and posted on the  city  school  district's  websites,

        A. 7447--A                          5
 
     1  identifying  all  schools  that  received  funds  targeted at class size
     2  reduction efforts pursuant to  the  requirements  of  this  section  and
     3  [provide] providing the following information regarding such schools:
     4    (A)  the  amount  of  contract  for  excellence funds received by each
     5  school and the school year in which it received such funds;
     6    (B) a detailed  description  of  how  contract  for  excellence  funds
     7  contributed  to  achieving  class  size  reduction  in  each school that
     8  received such funding including specific information on  the  number  of
     9  classrooms  in  each school that existed prior to receiving contract for
    10  excellence funds and the number of new [classrooms]  classes  that  were
    11  created  in  each  school  for  each year such funding was received, the
    12  number of classroom teachers  that  existed  in  each  school  prior  to
    13  receiving  contract for excellence funds and the number of new classroom
    14  teachers in each school for each year such  funding  was  received,  the
    15  student  to teacher ratio in each school prior to receiving contract for
    16  excellence funds and the student to teacher ratio  in  each  school  for
    17  each year such funding was received;
    18    (C)  the  actual student enrollment for the two thousand [six] twenty-
    19  three--two thousand [seven] twenty-four school year, the actual  student
    20  enrollment  for  the  two  thousand  [seven]  twenty-four--two  thousand
    21  [eight] twenty-five school year, the actual student enrollment  for  the
    22  two  thousand  [eight]twenty-five--two thousand [nine] twenty-six school
    23  year, and the projected student enrollment for the two  thousand  [nine]
    24  twenty-six--two  thousand [ten] twenty-seven school year for each school
    25  by grade level;
    26    (D) the actual average class sizes for the two thousand [six]  twenty-
    27  three--two  thousand [seven] twenty-four school year, the actual average
    28  class sizes for  the  two  thousand  [seven]  twenty-four--two  thousand
    29  [eight]  twenty-five school year, the actual average class sizes for the
    30  two thousand [eight] twenty-five--two thousand [nine] twenty-six  school
    31  year,  and the projected average class sizes for the two thousand [nine]
    32  twenty-six--two thousand [ten] twenty-seven school year for each  school
    33  by  grade  level and for each year thereafter until the class size goals
    34  are achieved; [and]
    35    (E) the annual capital plan for school  construction  and  leasing  to
    36  show how many classrooms will be added in each year and in which schools
    37  and subdistricts to achieve the class size reduction goals;
    38    (F)  how the school capacity and utilization formula is aligned to the
    39  class size goals in the city  school  district's  class  size  reduction
    40  plan; and
    41    (G)  the schools that have made insufficient progress toward achieving
    42  the class size reduction [goals outlined]  set  forth  in  the  approved
    43  [five  year]  class size reduction plan pursuant to subparagraph (ii) of
    44  this paragraph and a detailed description of the actions  that  will  be
    45  taken to reduce class sizes in such schools.
    46    [Such  report  shall  be  submitted  to  the commissioner on or before
    47  November seventeenth, two thousand nine and shall be made  available  to
    48  the  public  by  such  date]  The first report shall be submitted to the
    49  commissioner on or before November  fifteenth  of  each  year  and  made
    50  available  to the public by such date on the district's website.  If the
    51  department determines that the November fifteenth report does not demon-
    52  strate sufficient decreases in class size, the department shall issue  a
    53  letter  making  that  determination  public  on its website and the city
    54  school district shall immediately submit a plan for  corrective  action.
    55  The  district's  revised plan shall also be made available to the public
    56  on the district's website upon submission to the department.  The  final

        A. 7447--A                          6
 
     1  corrective  action  plan  shall  be  made  available  to the public upon
     2  approval by the department. The final report shall also be certified  by
     3  the  state  or  city comptroller that the city school district's capital
     4  and  education  funding plans will provide sufficient space and staffing
     5  for the reduction in class size set forth in this paragraph and if  not,
     6  what measures and/or funding should be added to the plan to achieve such
     7  goals.
     8    §  3.  Paragraph d of subdivision 4 and subdivision 5 of section 211-d
     9  of the education law, as added by section 12 of part A of chapter 57  of
    10  the laws of 2007, are amended to read as follows:
    11    d. [For the two thousand seven--two thousand eight school year, school
    12  districts  shall  solicit  public  comment on their contracts for excel-
    13  lence] The public process set forth in paragraphs a through  c  of  this
    14  subdivision shall commence no later than thirty days after a state budg-
    15  et is enacted each year and be completed no later than thirty days after
    16  its  commencement.    Notice  of  the  public  process shall be provided
    17  fifteen days prior to the commencement of the first public  hearing  and
    18  shall  be  posted  on  the district's website as well as transmitted via
    19  email to school administrators, parent and  teacher  organizations,  and
    20  elected  officials.  The  proposed  plan  shall  be  submitted for state
    21  approval within two weeks following the completion of the  public  proc-
    22  ess.  The proposed plan shall be posted on the district's website within
    23  twenty-four hours of its submission along with a summary of  the  public
    24  comments  and  the  district's  explanation and reasons for which public
    25  comments were incorporated into  the  proposed  plan  and  which  public
    26  comments were not incorporated into the proposed plan.
    27    5. a. Each contract for excellence shall be subject to approval by the
    28  commissioner  [and  his  or  her].   No contract for excellence shall be
    29  approved and no contract for excellence funds awarded until  the  public
    30  process  set  forth  in  subdivision  four  of  this  section  has  been
    31  completed. Upon approval, the plan shall be made public  and  posted  on
    32  the  department's  website  within  forty-eight  hours,  along  with any
    33  revisions to such plan or corrective action plan required by the  state.
    34  No  contract  for  excellence  funds  shall  be  released  to the school
    35  district until said contract  is  approved  by  the  commissioner.  Each
    36  contract  for  excellence  is also subject to the commissioner's certif-
    37  ication that the expenditure of additional aid or grant  amounts  is  in
    38  accordance with subdivision two of this section.
    39    b.  In a city school district of one million or more inhabitants, upon
    40  approval of the contract for excellence, one-third of the  contract  for
    41  excellence  funds shall be released to the school district.  The remain-
    42  der of  the  funds  shall  be  released  to  the  school  district  upon
    43  submission of the November fifteenth report described in subdivision two
    44  of  this  section, only if such report demonstrates sufficient reduction
    45  in class sizes. If such report does not demonstrate sufficient reduction
    46  in class sizes, the remainder  of  the  funds  shall  be  released  upon
    47  submission  by  the  school  district  of  the  corrective  action  plan
    48  described in subdivision two of this section. In the  year  following  a
    49  year which required a corrective action plan pursuant to subdivision two
    50  of  this  section, no contract for excellence funds shall be provided by
    51  the state until and unless such corrective action plan  has  been  fully
    52  implemented.
    53    §  4.  This act shall take effect immediately and shall first apply to
    54  contracts for excellence for the 2022-2023 school year.
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