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.
