S T A T E O F N E W Y O R K
________________________________________________________________________
1929
2025-2026 Regular Sessions
I N A S S E M B L Y
January 14, 2025
___________
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:
Section 1. The education law is amended by adding a new section 3204-a
to read as follows:
§ 3204-A. STUDENT CLASS SIZE IN PUBLIC SCHOOLS. 1. (A) ALL SCHOOL
DISTRICTS LOCATED OUTSIDE OF A CITY HAVING A POPULATION OF ONE MILLION
OR MORE INHABITANTS SHALL ESTABLISH A PLAN, TO BE DEVELOPED IN COLLAB-
ORATION WITH THE SUPERINTENDENT AND THE PRESIDENT OF EACH COLLECTIVE
BARGAINING UNIT REPRESENTING THE TEACHERS, OTHER CLASSROOM STAFF, AND
THE BUILDING LEVEL ADMINISTRATIVE STAFF, AND SUBMITTED TO THE COMMIS-
SIONER FOR APPROVAL, TO REDUCE ACTUAL CLASS SIZES BEGINNING SEPTEMBER
TWO THOUSAND TWENTY-FIVE AND TO BE ACHIEVED BY SEPTEMBER TWO THOUSAND
THIRTY FOR ALL CLASSES, WITH THE EXCEPTION OF PHYSICAL EDUCATION AND
PERFORMING GROUPS, AS FOLLOWS:
(I) KINDERGARTEN-THIRD GRADE TO HAVE NO MORE THAN TWENTY STUDENTS PER
CLASS;
(II) FOURTH-EIGHTH GRADE TO HAVE NO MORE THAN TWENTY-THREE STUDENTS
PER CLASS; AND
(III) HIGH SCHOOL TO HAVE NO MORE THAN TWENTY-FIVE STUDENTS PER CLASS.
(B) PHYSICAL EDUCATION AND PERFORMING GROUPS SHALL HAVE NO MORE THAN
FORTY STUDENTS PER CLASS AT ALL LEVELS. EACH YEAR OF THE PLAN, AN ADDI-
TIONAL TWENTY PERCENT OF THE CLASSROOMS, EXCLUDING SPECIAL EDUCATION
CLASSES, SHALL BE IN COMPLIANCE WITH THE CLASS SIZE TARGETS PROVIDED
THAT ALL SCHOOL DISTRICTS SHALL BE IN FULL COMPLIANCE BY THE COMMENCE-
MENT OF THE TWO THOUSAND THIRTY--TWO THOUSAND THIRTY-ONE SCHOOL 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.
LBD02169-01-5
A. 1929 2
2. THE CLASS SIZE REDUCTION PLAN SHALL INCLUDE ANY EXEMPTIONS TO THE
CLASS SIZE TARGETS. THESE EXEMPTIONS SHALL BE LIMITED TO: (I) SPACE;
(II) OVER-ENROLLED STUDENTS; (III) STAFF SHORTAGES; AND (IV) SEVERE
ECONOMIC DISTRESS. ANY SUCH EXEMPTIONS SHALL BE APPROVED BY THE SUPER-
INTENDENT AND THE PRESIDENT OF EACH COLLECTIVE BARGAINING UNIT REPRES-
ENTING THE TEACHERS, OTHER CLASSROOM STAFF, AND THE BUILDING LEVEL
ADMINISTRATIVE STAFF AS PART OF THE CLASS SIZE REDUCTION PLAN. SHOULD
THE SUPERINTENDENT AND THE PRESIDENT OF EACH COLLECTIVE BARGAINING UNIT
REPRESENTING THE TEACHERS AND THE PRINCIPALS BE UNABLE TO REACH AGREE-
MENT ON THE EXEMPTIONS AFTER THIRTY DAYS, THE ISSUE SHALL BE DETERMINED
BY AN ARBITRATOR. IN ADDITION, ANY EXEMPTION BASED ON AVAILABLE SPACE
SHALL INCLUDE A REFERENCE TO THE CAPITAL BUDGET TO DEMONSTRATE THAT THE
BUDGET IS ALIGNED WITH RESOLVING THE EXEMPTION STATUS. EXEMPTED CLASSES,
FOR THE YEARS IN WHICH THEY ARE EXEMPT, AND SPECIAL EDUCATION CLASSES
SHALL NOT COUNT TOWARD THE TWENTY PERCENT TARGET.
3. THE CLASS SIZE REDUCTION PLAN SHALL ALSO INCLUDE THE METHODS TO BE
USED TO ACHIEVE THE CLASS SIZE TARGETS, 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, BUT ONLY AS A TEMPORARY MEASURE UNTIL MORE
CLASSROOMS ARE MADE AVAILABLE IN CONFORMANCE WITH THE PLAN. FOR ELECTIVE
AND SPECIALTY CLASSES, THE COLLECTIVE BARGAINING UNIT REPRESENTING
TEACHERS MAY NEGOTIATE CLASS SIZES HIGHER THAN THE TARGETS IF SUCH
INCREASE IS APPROVED BY A MAJORITY OF THE TEACHING STAFF IN THE SCHOOL.
4. EACH SCHOOL DISTRICT SHALL PREPARE ANNUAL REPORTS, ON THE DATES SET
FORTH BELOW, TO THE COMMISSIONER ON THE STATUS OF THE IMPLEMENTATION OF
ITS PLAN TO REDUCE ACTUAL CLASS SIZES AS SET FORTH HEREIN. SUCH REPORT
SHALL BE PUBLICLY RELEASED AND POSTED ON THE SCHOOL DISTRICT'S WEBSITE,
AND SHALL FURTHER PROVIDE THE FOLLOWING INFORMATION REGARDING SUCH
SCHOOLS:
(A) THE ACTUAL STUDENT ENROLLMENT FOR THE CURRENT SCHOOL YEAR AND THE
PROJECTED STUDENT ENROLLMENT FOR THE UPCOMING SCHOOL YEAR FOR EACH
SCHOOL BY GRADE LEVEL;
(B) THE ACTUAL CLASS SIZES FOR THE CURRENT SCHOOL YEAR, AND THE
PROJECTED CLASS SIZES FOR THE UPCOMING SCHOOL YEAR FOR EACH SCHOOL BY
GRADE LEVEL;
(C) 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 DISTRICTS TO ACHIEVE THE CLASS SIZE TARGETS;
(D) HOW THE SCHOOL CAPACITY IS ALIGNED TO THE CLASS SIZE TARGETS IN
THE SCHOOL DISTRICT'S CLASS SIZE REDUCTION PLAN; AND
(E) 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 THIS SECTION 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 JULY
FIRST OF EACH YEAR AND MADE AVAILABLE TO THE PUBLIC BY SUCH DATE ON THE
SCHOOL DISTRICT'S WEBSITE. IF THE COMMISSIONER DETERMINES THAT THE ANNU-
AL REPORT DOES NOT DEMONSTRATE SUFFICIENT DECREASES IN CLASS SIZE IN A
DISTRICT, THEN THE COMMISSIONER SHALL ISSUE A STATEMENT IN WRITING TO
THE DISTRICT MAKING THAT DETERMINATION AND THE DISTRICT SHALL MAKE SUCH
STATEMENT AVAILABLE TO THE PUBLIC ON ITS WEBSITE AND THE SCHOOL DISTRICT
SHALL SUBMIT A PLAN FOR CORRECTIVE ACTION WITHIN THIRTY DAYS, WHICH
SHALL BE DEVELOPED IN COLLABORATION WITH THE SUPERINTENDENT AND THE
PRESIDENT OF EACH COLLECTIVE BARGAINING UNIT REPRESENTING THE TEACHERS,
OTHER CLASSROOM STAFF, AND THE BUILDING LEVEL ADMINISTRATIVE STAFF. THE
A. 1929 3
SCHOOL DISTRICT'S CORRECTIVE ACTION PLAN SHALL ALSO BE MADE AVAILABLE TO
THE PUBLIC ON THE SCHOOL DISTRICT'S WEBSITE UPON SUBMISSION TO THE
DEPARTMENT. THE FINAL CORRECTIVE ACTION PLAN SHALL BE MADE AVAILABLE TO
THE PUBLIC UPON APPROVAL BY THE COMMISSIONER. THE REPORT SHALL ALSO BE
CERTIFIED BY THE STATE COMPTROLLER THAT THE SCHOOL DISTRICT'S CAPITAL
AND EDUCATION FUNDING PLANS WILL PROVIDE SUFFICIENT SPACE AND STAFFING
FOR THE REDUCTION IN CLASS SIZE SET FORTH HEREIN AND, IF NOT, WHAT MEAS-
URES AND/OR FUNDING SHOULD BE ADDED TO THE PLAN TO ACHIEVE SUCH TARGETS.
5. PROVIDED THE COMMISSIONER APPROVES THE CLASS SIZE REDUCTION PLAN,
ANY FAILURE TO MEET THE OBLIGATIONS OF SUCH PLAN WITHIN THE TIME FRAMES
ESTABLISHED SHALL BE CONSIDERED A WILLFUL VIOLATION OF A COMMISSIONER'S
ORDER PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED SIX OF THIS
CHAPTER.
6. IN ADDITION TO THE ANNUAL REPORTS, THE SCHOOL DISTRICT SHALL SUBMIT
A FINANCIAL IMPACT STATEMENT ON NOVEMBER FIFTEENTH, TWO THOUSAND TWEN-
TY-EIGHT. 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.
7. THE PROCESS SET FORTH IN SUBDIVISIONS ONE THROUGH THREE OF THIS
SECTION SHALL COMMENCE NO LATER THAN NOVEMBER FIFTEENTH EACH YEAR AND BE
COMPLETED NO LATER THAN THIRTY DAYS AFTER ITS COMMENCEMENT. NOTICE OF
THE PROCESS SHALL BE PROVIDED FIFTEEN DAYS PRIOR TO THE COMMENCEMENT OF
THE FIRST AND SHALL BE POSTED ON THE SCHOOL DISTRICT'S WEBSITE AS WELL
AS TRANSMITTED VIA EMAIL TO SCHOOL ADMINISTRATORS, PARENT AND TEACHER
ORGANIZATIONS, AND ELECTED OFFICIALS. THE PROPOSED PLAN SHALL BE SUBMIT-
TED FOR STATE APPROVAL WITHIN TWO WEEKS FOLLOWING THE COMPLETION OF THE
PROCESS. THE PROPOSED PLAN SHALL BE POSTED ON THE SCHOOL DISTRICT'S
WEBSITE WITHIN TWENTY-FOUR HOURS OF ITS SUBMISSION.
§ 2. This act shall take effect immediately.