RESOLUTION FOR THE UFT TO URGE THE DOE TO ADOPT THE PROPOSALS OF THE CLASS SIZE WORKING GROUP AND TO COMPLY WITH THE NEW CLASS SIZE LAW 

Whereas, in 2003, the New York Court of Appeals determined that NYC public school class sizes were too large to provide students with their constitutional right to a sound basic education; 

Whereas, following that decision, class sizes in NYC schools increased, and to this day, remain far larger than in the rest of the state; 

Whereas, in June 2022, the NY Legislature overwhelmingly passed Education Law 211-D by a vote of 59-4 in the State Senate and 147-2 in the Assembly, requiring that NYC implement a five-year class size reduction plan beginning in the fall of 2022. 

Whereas, on Sept. 8, 2022, Gov. Kathy Hochul signed the bill into law, based upon an amendment that the phase in would begin instead in Sept. 2023; 

Whereas, the law calls for class size caps to be achieved over this period of no more than 20 students per class in grades K-3, no more than 23 students per class in grades 4th -8th, and no more than 25 students per class in high school, with physical education and performing art classes capped at forty students per class; 

Whereas, instead of taking any steps to start lowering class size, average class sizes increased citywide this fall and, in most districts, and in elementary and middle school grades this was the second year in a row of increases; 

Whereas, since coming into office, Mayor Adams has repeatedly cut school budgets; 

Whereas, these budget cuts have occurred despite more than $1.3 billion in additional annual state aid provided to NYC schools as a result of the settlement of the CFE decision; 

Whereas, the Mayor has proposed more than $2 billion also to be cut from the new proposed five-year capital plan for school construction, that would likely make it impossible for schools in the most overcrowded communities to lower class sizes; 

Whereas, given current trends, it is increasingly unlikely that the DOE will make the mandate in the class size law next year that 40% of classes in compliance with the new caps, and even less likely that they will achieve the mandates in years three to five; 

Whereas, a Class Size Working Group was created by the DOE and tasked with proposing a variety of actionable and effective policies that would enable the DOE to lower class sizes to the mandated levels starting next year and beyond, therefore be it: 

Resolved, that the United Federation of Teachers calls on the Mayor and the Chancellor to refrain from cutting school budgets or the capital plan, but instead to increase their funding, and be it further: 

Resolved, that the capital plan should specify where new schools are needed to create the space to lower class size, and should fully fund all those schools, and be it further: 

Resolved, that the UFT urges the Mayor and the Chancellor to adopt the Class Size Working Group’s proposals as soon as possible, to ensure that schools are able lower class sizes to the levels required by the law.