Class size extension FAQ
The state passed legislation extending the timeline for full implementation of the class size law to now achieve 100% compliance by Sept. 2030. As a result of this extension, teachers whose classes remain above the new class size limits because of approved hard-to-staff and space exemptions may be eligible for a salary differential as of next school year. Read our FAQ below to learn more about the details of the class size extension.
What is the new timeline for the class size law?
The new compliance targets for the class size law are:
- 70% by 2026-27
- 80% by 2027-28
- 90% by 2028-29
- 100% by 2029-30
Why was the law extended?
Reducing class sizes across New York City schools is a massive undertaking. Schools need more classroom space, construction projects need to be completed, and the city needs to hire thousands of additional educators.
The law was always designed with a ramp toward full implementation because this work takes time. Would we rather see every class fully compliant right now? Of course. But we also understand that if schools can't meet the required compliance rates, they risk losing state funding that helps make class size reduction possible in the first place. We also wanted to avoid a situation where schools lose state funding that is needed to make class size reduction possible.
Does this mean the class size law is going away?
No. The law is still in place. Lower class sizes are still coming. The extension simply gives schools and the city additional time to get there.
What would happen if the city does not reach citywide compliance targets?
The way the law is written, if the city does not reach citywide compliance targets, they lose the state funding, which means we lose the state funding to make this happen. The extension helps avoid this while also adding some more accountability measures as we reach our ultimate goal of full compliance. Our goal has always been to make sure the class size law succeeds.
What accountability measures were we able to tie to this extension?
As the city needed more time to fully implement the law, we wanted to make sure there was some accountability and that the city had to pay for taking longer. To do this, we negotiated an accountability agreement with the DOE, particularly tied to them giving out certain types of exemptions.
For the first time, some educators teaching classes that remain above the new class size limits will be eligible for a differential.
Teachers who qualify may receive:
- Up to $8,500 in 2026-27
- Up to $9,500 in 2027-28
This was not easy to achieve. But it was important for us to make it more expensive for the city to delay compliance while directing that money to some of our affected educators. This is the first time we’ve been able to get the city to have to pay for this delay directly to some of our members doing the work.
My school has no exemption and no plan to come into compliance. Are we being forgotten about?
The pressure is finally on for the capital plan to make sure that every school has a plan to get into compliance. $1.5b was added to the current capital plan (which runs through 2028-29) and $6.8b in additional capital spending was promised for the next plan.
If your school does not have a space exemption tied to a construction plan this year, it’s likely you will have one in the future. By 2030, all schools will either have to have an exemption or be in compliance. Speak to your principal and superintendent to find out what is being discussed for your particular school.
How do I know what my school’s plan is to come into compliance if we don’t have space?
Your principal should talk to your superintendent. Superintendents have been working with the city to create plans/visions for the schools in their district. You can request a class size meeting with your principal and superintendent to discuss the vision for bringing your school into compliance.
Did members give up raises or other benefits to get this?
No. Many years ago, members gave up raises to secure the current class size caps. That did not happen here. There were those among our membership who advocated that we should give up raises this time, too. But UFT leadership knew that salaries would be an important part of our ability to attract and retain teachers. So we decided to use the legislative approach instead. We secured this agreement without giving up anything in return.
Who is eligible for the differential?
The differential applies only to teachers of certain classes in schools that receive specific approved exemptions to reach city-wide compliance in specific years.
Teachers whose classes remain above the new class size limits may be eligible if their class receives an approved:
- Space exemption, or
- Hard-to-staff exemption.
These exemptions will be finalized by the DOE, CSA, and UFT and approved by the state in November each year.
Will every teacher with an oversized class receive the differential?
No. The class size law is still being phased in and schools are still working toward compliance.
We are still operating within the implementation phase of the law. No one is currently entitled to compensation simply because they are teaching a class at today's legal class size limits
The differential applies only to certain teachers of certain classes in schools that receive specific approved exemptions to reach that year’s percentage of city-wide compliance, which is 70 percent for 2026-27 and 80 percent for 2027-28.
How will I know if my class receives a space exemption? Will there be a public list?
A public list will be made available in November.
What are space exemptions?
Space exemptions are legally permitted to be used towards city-wide compliance for classes that are out of compliance in schools that do not currently have space to comply, but which will be impacted by capital projects that are already planned and sited. For example, this could include:
- Schools that are getting new additions or annexes;
- Schools that are nearby (e.g., adjacent zone/within a mile) to a new addition/annex to an existing school, in the same grade level;
- Schools that are nearby (e.g., adjacent zone/within a mile) to a new school.
A class may qualify for a space exemption ONLY if:
- A real space plan exists at the city level and is funded AND
- Design or construction work is already underway.
Even when space exemptions are used, schools must still lower class sizes wherever possible. These exemptions will be decided on in November of each year.
What are hard-to-staff exemptions?
The district may use hard-to-staff exemptions at certain classes to reach city-wide compliance if:
- The school has received funding to lower class size by hiring additional staff.
- Class sizes for one or more classes at the school still remain out of compliance as of November.
These exemptions will be decided on in November of each year and will be used to reach that year’s percentage of city-wide compliance, which is 70 percent for 2026-27 and 80 percent for 2027-28.
When will schools know if they have been given an approved hard-to-staff or space exemption?
Exemption decisions will be made in November of each school year.
When will the differential be paid?
Eligible teachers will receive the first portion of the differential in March and the second portion in November.
Is the differential pensionable?
Yes.
Are co-teachers, ENL teachers, cluster teachers and special education teachers eligible?
Yes.
What if only a portion of a teacher's classes are oversized?
Differentials will be prorated based on what proportion of an educator’s classes are oversized. For example, if two out of an eligible high school English teacher’s five classes are out of compliance and three are in compliance, they would receive 40% of the differential.
Do the current contractual regulations on class size still remain as well as the grievance process?
Yes.
What is the rule about Gifted & Talented classes? Are they exempt from the law?
Gifted and Talented classes are not exempt from the law.
Are Dual Language classes exempt from the law?
Dual Language classes are not exempt from the law.
What should members keep in mind about this agreement?
The goal is lower class sizes. The differential is something we were able to secure for some members while making it more expensive for the city to delay implementation. The bigger victory is that a class size law many people thought would never happen is happening—and we are continuing to move toward full compliance while protecting funding for our schools. We are not giving anything back, like members of this union did in the past to get us to the current limits we have now.