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 through 2030. 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 law and the impact it will have on our schools. 

Overview of the law

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

By September 2030, the city will 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 fully take effect? Will class sizes automatically go down or will it happen gradually?

A phase-in period started during the 2023-24 school year and will conclude in 2029-30. The state passed legislation in June of 2026 extending the timeline for full implementation of the class size law.

The new compliance targets are:

• 70% by 2026-27
• 80% by 2027-28
• 90% by 2028-29
• 100% by 2029-30 

How will 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.

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. 

Will schools face budget cuts 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. Schools were able to 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 »

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. 

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

Yes. During the 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 (see more about exemptions below). 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.

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. The bill does provide limited exemptions for space (read more about space exemptions below). 

Who creates 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 do schools submit their plans to reduce class sizes, 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
• Number of teachers the school is looking to hire
• Specific questions about their approach to implementing class size
• Identification of specific strategies that they will be undertaking
• Number and license area of needed personnel and other non-personnel (OTPS) costs

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 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. Did members give up raises or other benefits to get class size reductions?

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.

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. 

Class size differential

Will a lot of teachers receive the class size differential this year?

No. We expect the number of teachers receiving the differential this year to be relatively small.

The DOE  is already very close to this year’s 70 percent compliance requirement. The differential is not a payment for every class that is currently above the new class size limits. It applies only to certain classes that receive an approved space or hard-to-staff exemption as part of the city’s plan to meet its required compliance target.

As the law continues to phase in, the DOE  must reach higher levels of compliance each year: 80 percent in 2027-28, 90 percent in 2028-29 and 100 percent in 2029-30.

The goal is not for more teachers to receive the differential. The goal is for more classes to meet the new class size limits.

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. 

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. 

Are co-teachers, ENL teachers, cluster teachers and special education teachers eligible for the differential?

Yes.  

If relatively few teachers will receive the differential this year, why is it important?

The differential is an accountability tool.

The DOE must continue increasing the percentage of classes that meet the new class size limits each year. Exemptions may sometimes be necessary to reach those annual benchmarks — but we did not want exemptions to become an easy way for the DOE  to avoid reducing class sizes.

That is why certain exemptions come with a financial cost to the DOE and compensation for the affected teacher.

As the compliance requirement rises from 70 percent this year to 80 percent, then 90 percent and finally 100 percent, that accountability becomes increasingly important. The ultimate goal is that classes meet the new limits — and when certain classes cannot, the exemption process requires the DOE  to identify and account for them rather than simply leaving oversized classes unaddressed.

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.

Exemptions

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 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. 

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. 

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 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.

What 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. 

My school has no exemption and no plan to come into compliance. Are we being forgotten about? 

We have demanded the DOE create a communication plan to let school communities know how the city is planning to bring schools into compliance. The communications should include challenges as well as potential solutions.

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. 

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 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. 

Do the current contractual regulations on class size still remain as well as the grievance process? 

Yes. 

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.