Senate Bill S6296A

2021-2022 Legislative Session

Requires class size reduction plans in city school districts in cities having a population of one million or more

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Archive: Last Bill Status - In Senate Committee New York City Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2022	print number 6296a
Feb 02, 2022	amend and recommit to new york city education
Jan 05, 2022	referred to new york city education
Apr 21, 2021	referred to new york city education

Bill Amendments

Original

A (Active)

co-Sponsors

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2021-S6296 - Details

See Assembly Version of this Bill:: A7447
Current Committee:: Senate New York City Education
Law Section:: Education Law
Laws Affected:: Amd §211-d, Ed L

2021-S6296 - Summary

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.

2021-S6296 - Sponsor Memo

                                
 
BILL NUMBER: S6296

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this legislation is to implement a class size reduction
plan in the New York City school district.

 
SUMMARY OF PROVISIONS:

Section 1 amends subparagraphs (ii) and (iii) of paragraph b of subdivi-
sion 2 of Section 211-D of the Education Law. This will require the
school district in a city with a population of one million or more to
have a plan to reduce citywide average class sizes by district and
school beginning in September 2021 and to be achieved by September 2026

for grade ranges pre-kindergarten through 3rd grade, 4th grade through
8th grade, and high school; and thereafter maintain average class sizes
achieved by September 2026.

The city school district shall prepare annual reports on the plan to
reduce average class sizes and the report shall be made readily avail-
able to the public through the city school district's website.  The
report must also identify all schools that received funds targeted at
class size reduction efforts. The report needs to detail the actual
student enrollment for school years 2020-2021, 2021-2022, 2022-2023,
2023-2024, and 2024-2025, and the projected student enrollment for
2025-2026; the average class size for 2020-2021, 2021-2022, 2022-2023,
and the projected class sizes for 2023-2023, and thereafter until the
class size goals are achieved. The report also needs to include 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 subdis-
tricts to achieve the class size reduction goals. Further, the report
also needs to include the school capacity and utilization formula is
aligned to the class size goals.

The first report needs to be submitted to the commissioner of education
on or before November 15 of each year. If the department determines that
the report does show sufficient decreases in class size, the city school
district shall submit a plan for corrective action.

Section 2 is the effective date.

 
JUSTIFICATION:

The children of New York City have waited far too long to receive educa-
tional justice. For decades overcrowded classrooms have impaired
students' ability to learn, build relationships with their teachers and
other staff. This bill will update Contracts for Excellence in New York
City to help change that situation for the more than one million chil-
dren in the care of Department of education schools.  Class size direct-
ly impacts student success and as schools reopen from COVID-19 closures,
campuses will increase capacity while navigating health and safety

protocols. This bill will help alleviate historically damaging condi-
tions to better serve students.

 
LEGISLATIVE HISTORY:

New bill.

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however that the
amendments to section 211-d of the education law made by section one of
this act shall first apply to contracts for excellence for the 2021-2022
school year.

2021-S6296 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6296
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2021
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on New York City Education
 
 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:
 
   Section 1. Subparagraphs (ii) and (iii) of paragraph b of  subdivision
 2 of section 211-d of the education law, subparagraph (ii) as amended by
 section  2  of part A of chapter 57 of the laws of 2008 and subparagraph
 (iii) as added by section 3-a of part A of chapter 57  of  the  laws  of
 2009, are amended to read as follows:
   (ii)  In  a  city school district in a city having a population of one
 million or more inhabitants such contract shall also include a  plan  to
 reduce  CITYWIDE  average  class  sizes  AND  BY DISTRICT AND SCHOOL, as
 defined by the commissioner, [within five years] BEGINNING SEPTEMBER TWO
 THOUSAND TWENTY-ONE AND TO BE ACHIEVED BY SEPTEMBER  TWO-THOUSAND  TWEN-
 TY-SIX for the following grade ranges: (A) pre-kindergarten-third grade;
 (B) fourth-eighth grade; and (C) high school, AND SHALL THEREAFTER MAIN-
 TAIN  THE  AVERAGE  CLASS  SIZES ACHIEVED BY SUCH DATE.  Such plan shall
 include ANNUAL class size reduction for low performing  and  overcrowded
 schools  and  also  include the methods to be used to achieve such class
 sizes, 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[;  provided,
 however, that notwithstanding any law, rule or regulation to the contra-
 ry, the sole and exclusive remedy for a violation of the requirements of
 this paragraph shall be pursuant to a petition to the commissioner under
 subdivision  seven  of  section three hundred ten of this title, and the
 decision of the commissioner on such petition shall be final  and  unre-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10991-01-1

 S. 6296                             2

 viewable] BUT ONLY AS A TEMPORARY MEASURE UNTIL MORE CLASSROOMS ARE MADE
 AVAILABLE IN CONFORMANCE WITH THE PLAN.
   (iii)  A  city  school  district  in a city having a population of one
 million or more inhabitants shall prepare [a report] ANNUAL REPORTS,  ON
 THE  DATES  SET  FORTH  BELOW,  to the commissioner on the status of the
 implementation of its plan to reduce average  class  sizes  pursuant  to
 subparagraph  (ii)  of  this  paragraph.  Such  report shall BE PUBLICLY
 RELEASED AND POSTED ON THE CITY  SCHOOL  DISTRICT'S  WEBSITES,  AND  THE
 DEPARTMENT  SHALL  identify  all schools that received funds targeted at
 class size reduction  efforts  pursuant  to  the  requirements  of  this
 section and provide the following information regarding such schools:
   (A)  the  amount  of  contract  for  excellence funds received by each
 school and the school year in which it received such funds;
   (B) a detailed  description  of  how  contract  for  excellence  funds
 contributed  to  achieving  class  size  reduction  in  each school that
 received such funding including specific information on  the  number  of
 classrooms  in  each school that existed prior to receiving contract for
 excellence funds and the number of new [classrooms]  CLASSES  that  were
 created  in  each  school  for  each year such funding was received, the
 number of classroom teachers  that  existed  in  each  school  prior  to
 receiving  contract for excellence funds and the number of new classroom
 teachers in each school for each year such  funding  was  received,  the
 student  to teacher ratio in each school prior to receiving contract for
 excellence funds and the student to teacher ratio  in  each  school  for
 each year such funding was received;
   (C)   the  actual  student  enrollment  for  the  two  thousand  [six]
 TWENTY--two thousand [seven] TWENTY-ONE school year, the actual  student
 enrollment for the two thousand [seven] TWENTY-ONE--two thousand [eight]
 TWENTY-TWO  school year, the actual student enrollment for the two thou-
 sand [eight]TWENTY-TWO--two thousand [nine]  TWENTY-THREE  school  year,
 THE  ACTUAL  STUDENT  ENROLLMENT  FOR THE TWO THOUSAND TWENTY-THREE--TWO
 THOUSAND TWENTY-FOUR SCHOOL YEAR, THE ACTUAL STUDENT ENROLLMENT FOR  THE
 TWO  THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, and the
 projected   student   enrollment   for   the   two    thousand    [nine]
 TWENTY-FIVE--two  thousand  [ten] TWENTY-SIX school year for each school
 by grade level;
   (D) the  actual  average  class  sizes  for  the  two  thousand  [six]
 TWENTY--two  thousand [seven] TWENTY-ONE school year, the actual average
 class sizes  for  the  two  thousand  [seven]  TWENTY-ONE--two  thousand
 [eight]  TWENTY-TWO  school year, the actual average class sizes for the
 two thousand [eight] TWENTY-TWO--two thousand [nine] TWENTY-THREE school
 year, and the projected average class sizes for the two thousand  [nine]
 TWENTY-THREE--two thousand [ten] TWENTY-FOUR school year for each school
 by  grade  level AND FOR EACH YEAR THEREAFTER UNTIL THE CLASS SIZE GOALS
 ARE ACHIEVED; [and]
   (E) 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 SUBDISTRICTS TO ACHIEVE THE CLASS SIZE REDUCTION GOALS;
   (F)  HOW THE SCHOOL CAPACITY AND UTILIZATION FORMULA IS ALIGNED TO THE
 CLASS SIZE GOALS IN THE CITY  SCHOOL  DISTRICT'S  CLASS  SIZE  REDUCTION
 PLAN; AND
   (G)  the schools that have made insufficient progress toward achieving
 the class size reduction [goals outlined] CONTAINED in the approved five
 year 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.

 S. 6296                             3

   [Such report shall be submitted  to  the  commissioner  on  or  before
 November  seventeenth,  two thousand nine and shall be made available to
 the public by such date] THE FIRST REPORT  SHALL  BE  SUBMITTED  TO  THE
 COMMISSIONER  ON  OR  BEFORE  NOVEMBER  FIFTEENTH  OF EACH YEAR AND MADE
 AVAILABLE  TO THE PUBLIC BY SUCH DATE. IF THE DEPARTMENT DETERMINES THAT
 THE NOVEMBER FIFTEENTH REPORT DOES NOT DEMONSTRATE SUFFICIENT  DECREASES
 IN  CLASS SIZE, THE CITY SCHOOL DISTRICT SHALL IMMEDIATELY SUBMIT A PLAN
 FOR CORRECTIVE ACTION AND SUCH PLAN SHALL ALSO BE MADE AVAILABLE TO  THE
 PUBLIC  UPON  SUBMISSION  TO THE DEPARTMENT. THE FINAL CORRECTIVE ACTION
 PLAN SHALL BE MADE AVAILABLE TO THE PUBLIC UPON APPROVAL BY THE  DEPART-
 MENT.  THE  FINAL  REPORT  SHALL  ALSO BE CERTIFIED BY THE STATE OR CITY
 COMPTROLLER THAT THE CITY SCHOOL DISTRICT'S CAPITAL AND EDUCATION  FUND-
 ING  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 GOALS.
   §  2.  This  act shall take effect immediately; provided, however that
 the amendments to section 211-d of the education law made by section one
 of this act shall first apply to contracts for excellence for the  2021-
 2022 school year.

co-Sponsors

View additional co-sponsors

2021-S6296A (ACTIVE) - Details

See Assembly Version of this Bill:: A7447
Current Committee:: Senate New York City Education
Law Section:: Education Law
Laws Affected:: Amd §211-d, Ed L

2021-S6296A (ACTIVE) - Summary

2021-S6296A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6296A

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this legislation is to implement a class size reduction
plan in the New York City school district.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph e of subdivision 1 of Section 211-D of the
Education Law to require that a school district that submitted a
contract for excellence in academic year 2021-2022 must submit a
contract for excellence for academic year 2022-2023 unless all schools
in the district are in good standing.

Section 2 amends subparagraphs (ii) and (iii) of paragraph b of subdivi-
sion 2 of Section 211-D of the Education Law. This will require the
school district in a city with a population of one million or more to
have a plan to reduce citywide average class sizes by district and
school beginning in September 2022 and to be achieved by September 2027
for grade ranges pre-kindergarten through 3rd grade, 4th grade through
8th grade, and high school; and thereafter maintain average class sizes
achieved by September 2026.

The city school district shall prepare annual reports on the plan to
reduce average class sizes and the report shall be made readily avail-
able to the public through the city school district's website.  The
report must also identify all schools that received funds targeted at
class size reduction efforts. The report needs to detail the actual
student enrollment for school years 2022-2023, 2023-2024, 2024-2025,
2025-2026, and 2026-2027, and the projected student enrollment for
2026-2027; the average class size for 2023-2024, 2024-2025, 2025-2026,
and the projected class sizes for 2026-2027, and thereafter until the
class size goals are achieved. The report also needs to include 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 subdis-
tricts to achieve the class size reduction goals.  Further, the report
also needs to include the school capacity and utilization formula is
aligned to the class size goals.

The first report needs to be submitted to the commissioner of education
on or before November 15 of each year. If the department determines that
the report does show sufficient decreases in class size, the city school
district shall submit a plan for corrective action.

Section 3 amends paragraph d of subdivision 4 and subdivision 5 of
Section 211-D of the Education Law. This requires the public process for
commenting on the proposed plan shall commence no later than 30 days
after the state budget is enacted and must be completed 30 days after
the public process begins. Notice of the public comment process to be
given 15 days prior to the commencement of the public process.  This
notice must be posted on the school district's website as well as be
transmitted via email to school administrators, parent and teacher
organizations, and elected officials. Additionally, the proposed plan
shall be submitted for state approval within two weeks following the
completion of the public process. The proposed plan must be posted on
the school district's website within 24 hours of submission along with a
summary of the public comments and the school district's explanation and
reasons for which public comments were incorporated into the proposed
plan and which public comments were not incorporated into the proposed
plan.

Contract for excellence shall be approved and the corresponding funds
released once the public process has been completed. The approved plan
shall be posted on the department's website within 48 hours after its
approval along with any revisions to such plan or corrective action
required by the state. Contract for excellence funds shall be released
to the school district when the contract is approved by the commission-
er. Upon approval of the contract for excellence, one-third of the funds
shall be released to the school district. The remaining funds shall be
released to the school district upon submission of the commissioner's
report by November 15, only if the report demonstrates sufficient
reduction in class sizes.  If the report does not reflect sufficient
class size reduction, the remaining funds shall be released upon
submission of a corrective action plan.

Section 4 is the effective date.

 
JUSTIFICATION:

The children of New York City have waited far too long to receive educa-
tional justice. For decades overcrowded classrooms have impaired
students' ability to learn, build relationships with their teachers and
other staff. This bill will update Contracts for Excellence in New York
City to help change that situation for the more than one million chil-
dren in the care of Department of education schools.  Class size direct-
ly impacts student success and as schools reopen from COVID-19 closures,
campuses will increase capacity while navigating health and safety
protocols. This bill will help alleviate historically damaging condi-
tions to better serve students.

 
LEGISLATIVE HISTORY:

New bill.

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall first apply to
contracts for excellence for the 2022-2023 school year.

2021-S6296A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6296--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2021
                                ___________
 
 Introduced  by Sens. JACKSON, ADDABBO, BIAGGI, BRISPORT, COMRIE, GIANAR-
   IS, GOUNARDES, HOYLMAN, LANZA, MYRIE, PARKER, RAMOS, SALAZAR,  SERRANO
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on New York City Education -- recommitted to the Commit-
   tee  on New York City Education in accordance with Senate Rule 6, sec.
   8 -- 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:
 
   Section  1.    Paragraph  e  of  subdivision 1 of section 211-d of the
 education law, as amended by section 1 of part A of chapter  56  of  the
 laws of 2021, is amended to read as follows:
   e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
 district that submitted a contract for excellence for the  two  thousand
 eight--two  thousand nine school year shall submit a contract for excel-
 lence for the  two  thousand  nine--two  thousand  ten  school  year  in
 conformity  with the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section unless all schools in the  district  are
 identified  as  in  good  standing  and  provided further that, a school
 district that submitted a contract for excellence for the  two  thousand
 nine--two  thousand  ten school year, unless all schools in the district
 are identified as in good standing, shall submit a contract  for  excel-
 lence for the two thousand eleven--two thousand twelve school year which
 shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
 graph a of subdivision two of this section, provide for the  expenditure
 of  an  amount  which  shall  be not less than the product of the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10991-08-2

 S. 6296--A                          2
 
 district's gap elimination adjustment percentage  and  provided  further
 that, a school district that submitted a contract for excellence for the
 two thousand eleven--two thousand twelve school year, unless all schools
 in  the  district  are  identified  as  in good standing, shall submit a
 contract for excellence for the two thousand twelve--two thousand  thir-
 teen  school  year  which  shall,  notwithstanding  the  requirements of
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  eleven--two  thousand  twelve  school  year and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the  two  thousand twelve--two thousand thirteen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the requirements of subparagraph (vi) of paragraph a of subdivision  two
 of this section, provide for the expenditure of an amount which shall be
 not  less  than  the amount approved by the commissioner in the contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year and provided further that,  a  school  district  that  submitted  a
 contract  for  excellence  for  the  two thousand thirteen--two thousand
 fourteen school year, unless all schools in the district are  identified
 as  in good standing, shall submit a contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand fourteen school year;  and  provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 fourteen--two thousand fifteen school year, unless all  schools  in  the
 district are identified as in good standing, shall submit a contract for
 excellence  for  the  two  thousand fifteen--two thousand sixteen school
 year which shall, notwithstanding the requirements of subparagraph  (vi)
 of  paragraph  a  of  subdivision  two  of this section, provide for the
 expenditure of an amount  which  shall  be  not  less  than  the  amount
 approved  by the commissioner in the contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further  that a school district that submitted a contract for excellence
 for the two thousand fifteen--two thousand sixteen school  year,  unless
 all  schools  in  the district are identified as in good standing, shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of subparagraph (vi) of paragraph a of subdivision two of this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  fifteen--two  thousand sixteen school year; and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the two thousand sixteen--two thousand seventeen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 seventeen--two thousand eighteen school year which shall,  notwithstand-
 ing  the requirements of subparagraph (vi) of paragraph a of subdivision
 two of this section, provide for the  expenditure  of  an  amount  which
 shall  be  not  less than the amount approved by the commissioner in the
 contract for excellence  for  the  two  thousand  sixteen--two  thousand
 S. 6296--A                          3
 
 seventeen  school year; and provided further that a school district that
 submitted a contract for excellence for the two thousand  seventeen--two
 thousand  eighteen  school  year, unless all schools in the district are
 identified  as  in good standing, shall submit a contract for excellence
 for the two thousand eighteen--two thousand nineteen school  year  which
 shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
 graph a of subdivision two of this section, provide for the  expenditure
 of  an  amount  which  shall be not less than the amount approved by the
 commissioner in the contract for excellence for the two thousand  seven-
 teen--two  thousand  eighteen  school year; and provided further that, a
 school district that submitted a contract for  excellence  for  the  two
 thousand eighteen--two thousand nineteen school year, unless all schools
 in  the  district  are  identified  as  in good standing, shall submit a
 contract for excellence for  the  two  thousand  nineteen--two  thousand
 twenty  school  year  which  shall,  notwithstanding the requirements of
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand eighteen--two thousand nineteen school year; and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the  two  thousand nineteen--two thousand twenty school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 twenty--two thousand twenty-one school year which shall, notwithstanding
 the requirements of subparagraph (vi) of paragraph a of subdivision  two
 of this section, provide for the expenditure of an amount which shall be
 not  less  than  the amount approved by the commissioner in the contract
 for excellence for the two thousand nineteen--two thousand twenty school
 year; and provided further that, a  school  district  that  submitted  a
 contract  for excellence for the two thousand twenty--two thousand twen-
 ty-one school year, unless all schools in the district are identified as
 in good standing, shall submit a contract for  excellence  for  the  two
 thousand  twenty-one--two  thousand  twenty-two school year which shall,
 notwithstanding the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of  this  section,  provide  for the expenditure of an
 amount which shall be not less than the amount approved by  the  commis-
 sioner  in  the contract for excellence for the two thousand twenty--two
 thousand twenty-one school year; AND PROVIDED  FURTHER  THAT,  A  SCHOOL
 DISTRICT  THAT  SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
 TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, UNLESS ALL  SCHOOLS  IN
 THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT
 FOR  EXCELLENCE  FOR  THE  TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
 THREE SCHOOL YEAR WHICH SHALL, FOR A CITY HAVING  A  POPULATION  OF  ONE
 MILLION  OR  MORE, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI)
 OF PARAGRAPH A OF SUBDIVISION TWO  OF  THIS  SECTION,  PROVIDE  FOR  THE
 EXPENDITURE AS SET FORTH IN  SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVI-
 SION TWO OF THIS SECTION. For purposes of this paragraph, the "gap elim-
 ination  adjustment  percentage"  shall  be calculated as the sum of one
 minus the quotient of the sum of the school district's  net  gap  elimi-
 nation  adjustment  for  two  thousand ten--two thousand eleven computed
 pursuant to chapter fifty-three of the laws of two thousand ten,  making
 appropriations for the support of government, plus the school district's
 gap  elimination adjustment for two thousand eleven--two thousand twelve
 as computed pursuant to chapter fifty-three of the laws of two  thousand
 eleven,  making  appropriations  for the support of the local assistance
 budget, including  support  for  general  support  for  public  schools,
 S. 6296--A                          4
 
 divided  by  the  total  aid for adjustment computed pursuant to chapter
 fifty-three of the laws of two thousand  eleven,  making  appropriations
 for  the  local assistance budget, including support for general support
 for  public  schools.  Provided,  further,  that  such  amount  shall be
 expended to support  and  maintain  allowable  programs  and  activities
 approved  in  the  two thousand nine--two thousand ten school year or to
 support new or expanded allowable programs and activities in the current
 year.
   § 2. Subparagraph (v) of paragraph a and subparagraphs (ii) and  (iii)
 of  paragraph  b of subdivision 2 of section 211-d of the education law,
 subparagraph (v) of paragraph a and subparagraph (ii) of paragraph b  as
 amended  by  section  2  of part A of chapter 57 of the laws of 2008 and
 subparagraph (iii) as added by section 3-a of part A of  chapter  57  of
 the laws of 2009, are amended to read as follows:
   (v)  In  a  city  school district in a city having a population of one
 million or more inhabitants, each contract for excellence shall describe
 how the amounts apportioned to the school district in the  current  year
 as  total  foundation  aid and academic achievement grants, in excess of
 one hundred three percent of the district's  foundation  aid  base[,  as
 adjusted  for additional amounts payable as charter school basic tuition
 over such amount payable in the base year], shall be used to support new
 programs and new activities or expand the use of programs and activities
 demonstrated to improve student achievement;  provided  however,  up  to
 thirty  million  dollars  or  twenty-five  percent of additional funding
 received in the current year, whichever is less, may be used to maintain
 investments in the programs and activities  listed  in  paragraph  a  of
 subdivision three of this section.
   (ii)  In  a  city school district in a city having a population of one
 million or more inhabitants such contract shall also include a  plan  to
 reduce  CITYWIDE  average  class  sizes  AND  BY DISTRICT AND SCHOOL, as
 defined by the commissioner, [within five years] BEGINNING SEPTEMBER TWO
 THOUSAND TWENTY-TWO AND TO BE ACHIEVED BY SEPTEMBER TWO  THOUSAND  TWEN-
 TY-SEVEN  for  the  following  grade  ranges: (A) pre-kindergarten-third
 grade; (B) fourth-eighth grade; and (C) high school, AND SHALL THEREAFT-
 ER MAINTAIN THE AVERAGE CLASS SIZES ACHIEVED BY SUCH  DATE.    FOR  CORE
 ACADEMIC  CLASSES,  CLASS  SIZES  SHALL BE CAPPED AFTER FIVE YEARS AT NO
 MORE THAN TWENTY STUDENTS  PER  CLASS  IN  GRADES  KINDERGARTEN  THROUGH
 THIRD,  TWENTY-THREE STUDENTS PER CLASS IN GRADES FOURTH THROUGH EIGHTH,
 AND TWENTY-FIVE STUDENTS IN HIGH SCHOOL.  Such plan shall include ANNUAL
 class size reduction for low performing and overcrowded schools and also
 include the methods to be used to achieve such class sizes, 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  other-
 wise  reduce  the  student  to  teacher  ratio[; provided, however, that
 notwithstanding any law, rule or regulation to the  contrary,  the  sole
 and  exclusive  remedy for a violation of the requirements of this para-
 graph shall be pursuant to a petition to the commissioner under subdivi-
 sion seven of section three hundred ten of this title, and the  decision
 of  the  commissioner  on such petition shall be final and unreviewable]
 BUT ONLY AS A TEMPORARY MEASURE UNTIL MORE CLASSROOMS ARE MADE AVAILABLE
 IN CONFORMANCE WITH THE PLAN.
   (iii) A city school district in a city  having  a  population  of  one
 million  or more inhabitants shall prepare [a report] ANNUAL REPORTS, ON
 THE DATES SET FORTH BELOW, to the commissioner  on  the  status  of  the
 implementation  of  its  plan  to reduce average class sizes pursuant to
 subparagraph (ii) of this paragraph. Such  report  shall  [identify]  BE
 S. 6296--A                          5
 
 PUBLICLY  RELEASED  AND  POSTED  ON THE CITY SCHOOL DISTRICT'S WEBSITES,
 IDENTIFYING all schools that  received  funds  targeted  at  class  size
 reduction  efforts  pursuant  to  the  requirements  of this section and
 [provide] PROVIDING the following information regarding such schools:
   (A)  the  amount  of  contract  for  excellence funds received by each
 school and the school year in which it received such funds;
   (B) a detailed  description  of  how  contract  for  excellence  funds
 contributed  to  achieving  class  size  reduction  in  each school that
 received such funding including specific information on  the  number  of
 classrooms  in  each school that existed prior to receiving contract for
 excellence funds and the number of new [classrooms]  CLASSES  that  were
 created  in  each  school  for  each year such funding was received, the
 number of classroom teachers  that  existed  in  each  school  prior  to
 receiving  contract for excellence funds and the number of new classroom
 teachers in each school for each year such  funding  was  received,  the
 student  to teacher ratio in each school prior to receiving contract for
 excellence funds and the student to teacher ratio  in  each  school  for
 each year such funding was received;
   (C)  the  actual student enrollment for the two thousand [six] TWENTY-
 THREE--two thousand [seven] TWENTY-FOUR school year, the actual  student
 enrollment  for  the  two  thousand  [seven]  TWENTY-FOUR--two  thousand
 [eight] TWENTY-FIVE school year, the actual student enrollment  for  the
 two  thousand  [eight]TWENTY-FIVE--two thousand [nine] TWENTY-SIX school
 year, and the projected student enrollment for the two  thousand  [nine]
 TWENTY-SIX--two  thousand [ten] TWENTY-SEVEN school year for each school
 by grade level;
   (D) the actual average class sizes for the two thousand [six]  TWENTY-
 THREE--two  thousand [seven] TWENTY-FOUR school year, the actual average
 class sizes for  the  two  thousand  [seven]  TWENTY-FOUR--two  thousand
 [eight]  TWENTY-FIVE school year, the actual average class sizes for the
 two thousand [eight] TWENTY-FIVE--two thousand [nine] TWENTY-SIX  school
 year,  and the projected average class sizes for the two thousand [nine]
 TWENTY-SIX--two thousand [ten] TWENTY-SEVEN school year for each  school
 by  grade  level AND FOR EACH YEAR THEREAFTER UNTIL THE CLASS SIZE GOALS
 ARE ACHIEVED; [and]
   (E) 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 SUBDISTRICTS TO ACHIEVE THE CLASS SIZE REDUCTION GOALS;
   (F)  HOW THE SCHOOL CAPACITY AND UTILIZATION FORMULA IS ALIGNED TO THE
 CLASS SIZE GOALS IN THE CITY  SCHOOL  DISTRICT'S  CLASS  SIZE  REDUCTION
 PLAN; AND
   (G)  the schools that have made insufficient progress toward achieving
 the class size reduction [goals outlined]  SET  FORTH  in  the  approved
 [five  year]  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.
   [Such  report  shall  be  submitted  to  the commissioner on or before
 November seventeenth, two thousand nine and shall be made  available  to
 the  public  by  such  date]  THE FIRST REPORT SHALL BE SUBMITTED TO THE
 COMMISSIONER ON OR BEFORE NOVEMBER  FIFTEENTH  OF  EACH  YEAR  AND  MADE
 AVAILABLE  TO THE PUBLIC BY SUCH DATE ON THE DISTRICT'S WEBSITE.  IF THE
 DEPARTMENT DETERMINES THAT THE NOVEMBER FIFTEENTH REPORT DOES NOT DEMON-
 STRATE 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.
 THE  DISTRICT'S  REVISED PLAN SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC
 S. 6296--A                          6
 
 ON THE DISTRICT'S WEBSITE UPON SUBMISSION TO THE DEPARTMENT.  THE  FINAL
 CORRECTIVE  ACTION  PLAN  SHALL  BE  MADE  AVAILABLE  TO THE PUBLIC UPON
 APPROVAL BY THE DEPARTMENT. THE FINAL 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
 GOALS.
   § 3. Paragraph d of subdivision 4 and subdivision 5 of  section  211-d
 of  the education law, as added by section 12 of part A of chapter 57 of
 the laws of 2007, are amended to read as follows:
   d. [For the two thousand seven--two thousand eight school year, school
 districts shall solicit public comment on  their  contracts  for  excel-
 lence]  THE  PUBLIC  PROCESS SET FORTH IN PARAGRAPHS A THROUGH C OF THIS
 SUBDIVISION SHALL COMMENCE NO LATER THAN THIRTY DAYS AFTER A STATE BUDG-
 ET IS ENACTED EACH YEAR AND BE COMPLETED NO LATER THAN THIRTY DAYS AFTER
 ITS COMMENCEMENT.   NOTICE OF  THE  PUBLIC  PROCESS  SHALL  BE  PROVIDED
 FIFTEEN  DAYS  PRIOR TO THE COMMENCEMENT OF THE FIRST PUBLIC HEARING AND
 SHALL BE POSTED ON THE DISTRICT'S WEBSITE AS  WELL  AS  TRANSMITTED  VIA
 EMAIL  TO  SCHOOL  ADMINISTRATORS, PARENT AND TEACHER ORGANIZATIONS, AND
 ELECTED OFFICIALS. THE  PROPOSED  PLAN  SHALL  BE  SUBMITTED  FOR  STATE
 APPROVAL  WITHIN  TWO WEEKS FOLLOWING THE COMPLETION OF THE PUBLIC PROC-
 ESS. THE PROPOSED PLAN SHALL BE POSTED ON THE DISTRICT'S WEBSITE  WITHIN
 TWENTY-FOUR  HOURS  OF ITS SUBMISSION ALONG WITH A SUMMARY OF THE PUBLIC
 COMMENTS AND THE DISTRICT'S EXPLANATION AND  REASONS  FOR  WHICH  PUBLIC
 COMMENTS  WERE  INCORPORATED  INTO  THE  PROPOSED  PLAN AND WHICH PUBLIC
 COMMENTS WERE NOT INCORPORATED INTO THE PROPOSED PLAN.
   5. A. Each contract for excellence shall be subject to approval by the
 commissioner [and his or her].   NO CONTRACT  FOR  EXCELLENCE  SHALL  BE
 APPROVED  AND  NO CONTRACT FOR EXCELLENCE FUNDS AWARDED UNTIL THE PUBLIC
 PROCESS  SET  FORTH  IN  SUBDIVISION  FOUR  OF  THIS  SECTION  HAS  BEEN
 COMPLETED.  UPON  APPROVAL,  THE PLAN SHALL BE MADE PUBLIC AND POSTED ON
 THE DEPARTMENT'S  WEBSITE  WITHIN  FORTY-EIGHT  HOURS,  ALONG  WITH  ANY
 REVISIONS  TO SUCH PLAN OR CORRECTIVE ACTION PLAN REQUIRED BY THE STATE.
 NO CONTRACT FOR  EXCELLENCE  FUNDS  SHALL  BE  RELEASED  TO  THE  SCHOOL
 DISTRICT  UNTIL  SAID  CONTRACT  IS  APPROVED  BY THE COMMISSIONER. EACH
 CONTRACT FOR EXCELLENCE IS ALSO SUBJECT TO  THE  COMMISSIONER'S  certif-
 ication  that  the  expenditure of additional aid or grant amounts is in
 accordance with subdivision two of this section.
   B. IN A CITY SCHOOL DISTRICT OF ONE MILLION OR MORE INHABITANTS,  UPON
 APPROVAL  OF  THE CONTRACT FOR EXCELLENCE, ONE-THIRD OF THE CONTRACT FOR
 EXCELLENCE FUNDS SHALL BE RELEASED TO THE SCHOOL DISTRICT.  THE  REMAIN-
 DER  OF  THE  FUNDS  SHALL  BE  RELEASED  TO  THE  SCHOOL  DISTRICT UPON
 SUBMISSION OF THE NOVEMBER FIFTEENTH REPORT DESCRIBED IN SUBDIVISION TWO
 OF THIS SECTION, ONLY IF SUCH REPORT DEMONSTRATES  SUFFICIENT  REDUCTION
 IN CLASS SIZES. IF SUCH REPORT DOES NOT DEMONSTRATE SUFFICIENT REDUCTION
 IN  CLASS  SIZES,  THE  REMAINDER  OF  THE  FUNDS SHALL BE RELEASED UPON
 SUBMISSION  BY  THE  SCHOOL  DISTRICT  OF  THE  CORRECTIVE  ACTION  PLAN
 DESCRIBED  IN  SUBDIVISION  TWO OF THIS SECTION. IN THE YEAR FOLLOWING A
 YEAR WHICH REQUIRED A CORRECTIVE ACTION PLAN PURSUANT TO SUBDIVISION TWO
 OF THIS SECTION, NO CONTRACT FOR EXCELLENCE FUNDS SHALL BE  PROVIDED  BY
 THE  STATE  UNTIL  AND UNLESS SUCH CORRECTIVE ACTION PLAN HAS BEEN FULLY
 IMPLEMENTED.
   § 4. This act shall take effect immediately and shall first  apply  to
 contracts for excellence for the 2022-2023 school year.

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Archive: Last Bill Status - In Senate Committee New York City Education Committee

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