Class size FAQ

Gov. Kathy Hochul has signed into law a landmark piece of legislation that will lower class sizes in every grade in New York City over the next six years. Parents and educators alike have been advocating for smaller classes for decades, and the passage of this legislation represents a groundbreaking change for our school system.

The FAQ below addresses some common questions and concerns about the bill and the impact it would have on our schools. 

What are the new class size limits as mandated in this legislation? 

By September 2028, the city would have to cap classes at 20 students in kindergarten through third grade, 23 students for grades 4-8, and 25 students for high school classes. 

High school physical education and performing groups will be capped at 40 students. For specialty and elective classes, schools may negotiate to exceed these caps if it receives a waiver or through the SBO process.

When does this legislation take effect? Will class sizes automatically go down or will it happen gradually?

There will be a five-year phase-in period that started during the 2023-24 school year and will conclude in 2027-28 in which the new limits would apply to an additional 20% of all classes each year until the smaller class size limits are achieved citywide. 

How does class size reduction affect ICT classes?

Integrated co-teaching (ICT) classes should remain at a 60:40 ratio of students without and with IEPs, respectively, with the number of IEP students never surpassing 40%.

If a school chooses to reduce the overall size of its ICT classes, then for classes of:

• 20 students, there can be no more than 8 students with IEPs.
• 23 students, there can be no more than 9 students with IEPs.
• 25 students, there can be no more than 10 students with IEPs.

If an ICT class contains fewer students than the mandated class size, the maximum number of students with IEPs must be adjusted to remain at or below 40% of the class.

If a school does not reduce the overall class sizes of ICT classes this year, there is no change to the total number of students with IEPs in the class — the 60:40 ratio remains in effect.

Can schools or classes qualify for any exemptions to the law? 

Yes, the law provides for exemptions in specific cases. Examples of potential criteria for those exemptions which may be considered are below; additional criteria is in the process of being developed. 

1. Space: Classes that are out of compliance in schools without space to comply may 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 school or an additions/annexes to an existing school, in the same grade level. 

2. Over-enrollment: Classes that are out of compliance in schools without space to comply at their current enrollment that are: 

• Highly sought-after, e.g., schools that receive many more applicants than available seats; classes in specific programs that are limited across the city (e.g., G+T programs, dual language programs, specialized high schools, CTE, etc.); and schools that are over enrolled in an area where most other schools have enough space to comply, indicating that the sub-district does not have a space need but rather that “overcrowded” schools are high-demand. 
• Very close to having enough space for compliance, e.g., over by five or fewer students in a whole grade; or 
• Receive a large influx of new students enrolling mid-year 
• In future phases of implementation, schools without sufficient space to comply in districts without sufficient space to comply given their current enrollment, where the parties intend to pursue new construction or leasing, but where new space has not yet been identified or planned. 

3. License Area Shortage: Classes taught by teachers in license areas that are identified on an annual basis as shortage areas, based on an applicant-to-hire ratio.

What budget cuts will schools face as a result of this legislation? 

Schools will not face cuts as a result of this legislation. Each school must get the funding they need to reduce class sizes per the law. The law provides for individual schools to receive additional and sufficient funds to meet class size requirements. There is a process in place for schools to apply for the funds and resources they need to come into compliance with the law. The class size legislation also permits exemptions on the basis of severe economic distress for classes where full implementation of the law would be a hardship.

Will schools be forced to cut programs to bring more classes into compliance with the class size law?

No. For the 2025–26 school year, schools can apply for class size funds to supplement their budget without having to cut programs that their school currently benefits from. To comply with class size limits, each school can decide what methods are best for the school community. See a presentation on class size and funding opportunities from Oct. 2024 »

Will school buildings be able to accommodate the additional space needed to make class sizes smaller? Isn’t there a shortage of space to meet the new class size requirements? 

Over half of the schools in our city currently have the space to lower class size. A UFT survey found 856 Title 1 schools — enrolling more than 300,000 students, at all school levels and in every borough — will have the space needed to lower class sizes to meet the law's class size requirements. These Title 1 schools have space for over 207,000 additional seats, yet will need only 31,318 seats to lower class sizes and meet the law’s benchmarks.

Other space can be found by repurposing administrative or non-traditional classroom areas for instruction.

What are the benefits of smaller class sizes for students? 

Fewer students in a class means more one-on-one attention for every student in a classroom, and fewer students means the teacher can meet the needs of children with a range of capabilities — from the child who needs extra guidance to the child who thrives at an accelerated pace. Studies have shown a correlation between smaller class sizes and increased rates of student academic performance. 

Won’t the cost for the additional teachers needed to create more classes be prohibitive? 

The total cost for additional teachers needed – $1 billion, according to the UFT's analysis – is less than one percent of the city’s current $100 billion annual budget. 

Could smaller class sizes help retain teachers in city schools?

New York City public schools currently suffer from high teacher attrition at a time when there is also a nationwide teacher shortage. Roughly 5,000 city classroom teachers resign or retire every year and cite teaching conditions as a prime reason, which includes oversized classes. Smaller class sizes could help combat teacher turnover in the city. 

Will the small class size legislation target schools in high-need neighborhoods?

Yes. During the five year phase-in process, priority will be given to schools with higher poverty rates so they will have smaller class sizes sooner. 

What would happen in the cases of schools that have selective enrollment or are already over-enrolled? 

The bill provides exemptions for classes in over-enrolled schools. It provides temporary exemptions for certain oversubscribed buildings and a process for finding more space for these tough cases. This law forces the city to prioritize building and expanding spaces to help schools comply. 

In no case will popular, special, or over-enrolled schools or programs be forced to push out or turn away students based on the new space calculations.

Where are we citywide in terms of compliance with the class size law? What is our benchmark for next year?

For the 2024–25 school year, the law mandated that 40% of classes citywide (not at each individual school) be in compliance with the class size limits. Data reported on Nov. 15, 2023 confirmed that the city had met the benchmark. For the 2025–26 school year, the benchmark is 60% of classes in compliance citywide, to be measured on Oct. 31, 2025.

To help meet these thresholds in 2025, the city is requiring superintendents to increase the percentage of classrooms that are in compliance by 3%.

Who will create each school’s plan to reduce class sizes?

The principal, in consultation with the School Leadership Team (SLT), is responsible for developing the plan for the following school year. A request for funds can be included in the plan. The principal, who is responsible for developing the school-based budget, consults with the SLT during the development process so that the budgetary requests will be aligned with the plans.

How will schools submit their plans, and what information must they include?

A plan template created in Excel will be sent to principals. The template will include individualized data on class size compliance, room space, class size and Contracts for Excellence budget allocations, as well as other relevant data to support principals and the School Leadership Team (SLT).

Principals, in consultation with the SLT, will need to add the following to the Excel template:

• List of SLT members
• Anticipated percentage of classes below class size limits for the 2025–26 school year
• Number of teachers the school is looking to hire for 2025–26
• Specific questions about their approach to implementing class size
• Identification of specific strategies that they will be undertaking for 2025–26, and optionally for future years
• Number and license area of needed personnel and other non-personnel (OTPS) costs

What if the city doesn’t take sufficient action or provide adequate funding to create smaller class sizes? 

State money intended for class size must be used for this purpose. The city can no longer misuse state aid. If the city does not provide adequate funding for class size reduction, it has 60 days to come into compliance. If the city remains non-compliant after 60 days, the amount by which they are non-compliant will be withheld from the city’s foundation aid allotment until the budget is fixed. 

The bill also includes an enforcement process. The city must submit annual reports demonstrating how they are meeting the new class size benchmarks. Additional funds will be released to the city if the report demonstrates sufficient reductions in class sizes. If the city’s implementation is not keeping up with the requirements of the bill, a corrective action plan will be required. 

What information about this process will be released to the public?

In addition to the checks and balances provided in the bill, requiring collaboration between the UFT, the DOE and other stakeholders, the process around creating and implementing a plan to reduce class sizes is also required to be a very public one.

Starting on November 15, 2024, annual reports will be made to the Commissioner of the State Education Department. These reports will be publicly released and posted on the DOE's website and will detail the actual and projected class sizes across the city. This report will identify the schools receiving funding for class size reduction and additional information including:

• how much funding received by each school and the year received
• how funding is being used to reduce class sizes at each school
• former class sizes and the number of new classes
• number of new teachers in each school both before and after funding was received
• student to teacher ratios before and after receiving funding
• actual and projected student enrollment for the upcoming school year by grade level
• current and projected class sizes for the upcoming school year by grade level
• the annual capital plan for school construction and leasing to show how many classrooms are being added per year in which schools in order to achieve targets
• how school capacity and utilization formula is aligned to the class size targets in the city’s plan, and
• identifying schools that have made insufficient progress in attaining class size reduction targets with a detailed description of the actions that will be taken to reduce these class sizes.

Other plan documentation, such as financial statements and corrective action plans, will also be made publicly available. 

Will there be any public hearings with the opportunity to give comments and input? 

Yes, the bill calls for a public hearing process to take place no later than 30 days after the state budget is enacted each year. Hearings were conducted virtually for each borough in May 2024.   

The proposed class size plan must be then submitted to the state within two weeks of completion of this hearing process and will be posted on the DOE’s website within 24 hours of its submission. A summary of the public comments will be included along with an explanation why those comments were or were not incorporated into the plan.