The press release is self-explanatory:
Contact: Leonie Haimson, Class Size Matters, 917-435-9329; leoniehaimson@gmail.com
Wendy Lecker, Education Law Center, 203-536-7567, wlecker@edlawcenter.org
NYC PARENTS FILE COMPLAINT TO ENFORCE LAW TO REDUCE CLASS SIZE
Demand Department of Education Reduce Class Size as Mandated in State Law
Today, nine parents from every New York City borough filed a petition with State Commissioner of Education MaryEllen Elia, charging the City Department of Education (DOE) with failing to reduce class sizes as mandated by the Contract for Excellence Law (C4E). The City’s Public Advocate, Letitia James, and two advocacy groups, Class Size Matters and the Alliance for Quality Education, also joined the parents in the petition.
Education Law Center (ELC) is representing the Petitioners.
Please see Parent Petitioners’ quotes below.
In 2007, as required by the C4E law, the DOE developed a class size reduction plan for the City’s public schools, pledging to lower average class sizes in Kindergarten through third grade over five years to no more than 20 students; in fourth through eighth grade to no more than 23 students; and to no more than 25 students per class in high school core classes. The State Education Commissioner approved the plan.
The DOE never delivered on its plan. Instead, class sizes have increased sharply since 2007, particularly in the early grades, and are now substantially larger than when the C4E law was enacted. As of fall 2016, DOE data show classes in Kindergarten through third grade were more than 18 percent larger, classes in grades four through eight were six percent larger, and high school classes were 1.5 percent larger than in 2007.
“The growth in class size from 2007 to the present is breathtaking,” said David Sciarra, ELC Executive Director. “For example, in 2007, a little over 1,100 students in grades one through three were in classes of 30 students or more. As of November 2016, a staggering 43,219 first through third graders were in classes this large, an increase of almost 4000 percent.”
“New York City students have waited too long for a better opportunity to learn, and it is unacceptable that the City has reneged on its legal obligations,” said Leonie Haimson, Executive Director of Class Size Matters. “The research is crystal clear that smaller classes benefit all children, but especially those who predominate in our public schools: students who are low-income, have special needs, or are English Language Learners.”
“A decade ago, the City committed to reducing class sizes to appropriate levels, a resource identified by New York’s highest court in the Campaign for Fiscal Equity case as essential for a constitutional sound basic education,” said Billy Easton, Executive Director of the Alliance for Quality Education. “But now class sizes are even larger than when the court issued its decision. It is past time for the DOE to live up to this legal obligation.”
“The research is clear: smaller classes are better for our children. This indisputable fact can no longer be ignored. I am proud to stand with a diverse coalition of education advocates to demand the city provide our students with the smaller class sizes they are owed. There can be no equity or excellence when students in The Bronx and throughout New York City must sit in classes this large,” said Bronx Borough President Ruben Diaz Jr.
The Petitioners are requesting that Commissioner Elia order the DOE to immediately begin reducing class sizes to the averages set forth in the 2007 class-size reduction plan and to reach those averages in no more than five years. Petitioners are also asking the Commissioner to order the City to promptly align its capital plan for school construction to the class size averages in the 2007 Plan, another requirement of the C4E regulations.
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Parent Petitioners Speak:
“My daughter has been in extremely large classes since Kindergarten,” said Naila Rosario, a parent in District 15 in Brooklyn. “This year, in fourth grade, she is in a class of 32 students. She cannot possibly receive the kind of personal attention and feedback every child deserves and needs to be successful in school. In fact, often her teacher does not even have enough time to answer all the students’ questions. There is no way my daughter or any of her classmates can get a quality education in a class this large.”
Deborah Alexander has two children at P.S. 150 in Queens, one in 1st grade and the other in 4th grade. Both are in classes of 3O students: “My fourth grader told me he doesn’t bother to raise his hand anymore, because as he said to me, there are too many kids, so I’m never picked. My daughter’s class is full of restless children, waiting their turn to be able to speak. Some of the children have social-emotional issues and clearly feel deprived, no matter how hard their teacher tries. It is time to aggressively address class size reduction once and for all so that all children know they are seen and heard.”
“My son, who has an IEP, has been held back twice and is at risk of being held back again,” said Rubnelia Agostini, who has a second grade child at P.S. 277 in the Bronx. “His class size is now 25, and he was in a class of 27 in Kindergarten at P.S. 205. After two months in Kindergarten he was bused to another school to address class size violations, since Kindergarten classes are supposed to be capped at 25. Now his independent evaluation says he needs a small class, but his school doesn’t have any small classes, and some are as large as 27. Why can’t my son receive the quality education he needs to succeed?”
Litza Stark’s son is in an inclusion, or ICT, Kindergarten class with 28 students at P.S. 85 in Queens. The ICT class contains 10-12 students with special needs: “Especially since this is an ICT class where students present an array of extra challenges, his class size causes excessive stress on the teachers and the students alike. PreK is important, but so is the quality of education for children in Kindergarten and up.”
“My son’s class has 24 children, many of them requiring close support, and his teacher is not able to individualize instruction as she could in a smaller class,” said Reeshemah Brightley, the mother of a Kindergarten child at P.S./I.S. 76 in Manhattan. “Classroom management is difficult, and students are more disruptive in a large class than they otherwise would be, making it hard for the rest of the class to focus.”
JoAnn Schneider’s son is a fourth grader in an ICT class of 31 students at P.S./I.S. 113 in Queens: “My son receives special education services and has been in an inclusion class since Kindergarten. He’s making only minimal progress because he needs a more focused environment that only a small class can provide. It is not right that my child should be denied the kind of education given to children elsewhere in the state where classes average only 20-22 students per class – especially when the law requires it.”
Johanna Garcia, a mother of two children at P.S./I.S. 187 in Manhattan, explained: “My son is in third grade in a class of 28. He receives special services, but his class is far too big and he has trouble keeping up. When he was in Kindergarten, his class size exceeded the cap, and that’s when it became clear to me that it was impossible for him to receive the attention he needed with so many other children in the class. My daughter is in a class of 29 students in fifth grade, and many in her class have been unable to stay engaged and afloat. The city owes it to my children and all other students in the public school system to remedy this egregious violation of their rights.”
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To read the petition, click here ; a timeline documenting the DOE’s failure to reduce class sizes since the CFE lawsuit is available here; and data showing class size trends is available

Pack them in for ONLINE learning and THE SCREEN. Terrible. I am so tired of those people who think they know and don’t.
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Not only do they not know, Yvonne, even if they did, they don’t want to pay for what is necessary: smaller class sizes, more classroom aides, more specialists, more counselors.
The only thing they seem to be interested in is something that will make somebody some money.
😩
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Suing seems to be the only way to get attention in New York. The governor’s indifference to the needs of public schools is one of the big problems. He has also refused to pay for the fair funding suit that the state lost. Here’s an article from Cynthia Nixon, an actress with two sons that attend New York public schools. http://www.lohud.com/story/opinion/contributors/2017/03/08/time-new-york-fully-fund-schools-cynthia-nixon/98894762/
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I don’t think it is indifference.
It seems to be spite – to get back at all those teachers and parents who have opposed him.
When it comes to violating the law to underfund education, Cuomo and his lacky Elia seem to actually relish breaking the law.
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And Cumo will fit right in with the (other) Republican governors like Jeb Bush when it comes time to run for President.
He has the same mentailty.
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Smaller class sizes are an excellent idea, and supported by people all across the political spectrum. If New York parents are fully supportive of this concept, they should demand that their school taxes go up, proportionately.
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Yes, raise taxes and/or reallocate resources. Perhaps. where applicable, ask the public if they want public resources diverted to charter and other private schools.
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Charles, well stated. Absolutely!
You finally make a comment that makes sense and is supportive of public education.
And Chuck, your idea about allowing voters to decide on whether or not they want public resources diverted to private schools and private charters at the expense of public schools is both logical and long overdue.
Let’s hope these common sense ideas are turned into reality soon.
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Charles,
In case you did not know, even if residents wanted their property taxes raised, the City Council and the mayor do not have ultimate control over tax hikes; it is Albany that controls such a green light, and many of those owning apartments worth $800K to $5 million and up do not want to pay more in property taxes; many of them send their kids to private school anyway, and did you know that at least one third of all Manhattan real estate is owned by wealthy out of towners and foreigners who don’t live there full time?
It’s the NYC plutocracy that is preventing lower class size as they maintain a grip on class differences.
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No working “link” to read the petition.
Please update. Thanks
To read the petition, click here ; a timeline documenting the DOE’s failure to reduce class sizes since the CFE lawsuit is available here; and data showing class size trends is available
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Class size does not matter IF:
–students (except special ed) are cooperative, respectful and well-mannered, with the requisite self-control and moral foundation inculcated within their families
–families, regardless of ethnicity, culture, socioeconomic level, or educational background, value education and value its role in a civil
society
–teachers are once again respected, valued and supported by all involved at the school, as well as the families
–the long process and inherent arduous nature of teaching and learning is valued, not just simplistic expectations for same outcomes for all
–society as a whole, especially the educrats, recognizes that teaching is more an art than a science, girded by common sense and a teacher’s individual strengths
But as long as teachers everywhere I are in loco parentis….class size matters!!!
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There are no ifs!
Class size matters, and not just small classes. Tis all contextual.
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My niece had a great question – Would you drop your kid off at a birthday party with 28 children there and one adult supervising them ?
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Caligirl, tell your niece that really is a great question.
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The recent deal between the State and the Mayor underscores the State legislature’s and Governor’s priorities: they are “giving the Mayor control” over the city schools on the condition that the mayor recycles and re-issues 22 licenses for city charter schools that had been revoked or awarded and never used… and he increases the CITY’s payments to charter operators for school facilities and provides MetroCards for charter school students whose classes begin before the start of the standard public school year. So… the STATE is demanding that the mayor use LOCAL funds for charter schools while ignoring the need to provide more money or smaller class sizes. What’s wrong with this picture?
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That doesn’t sound like “Mayoral control” to me. It sounds like the state is still in charge, but is refusing to pay for it and instead wants to force the city to pay.
What would happen if De Blasio simply said “No, not going to do it.” I mean, Cuomo is refusing to fully fund schools even after losing that lawsuit. So what if De Blasio refuses to pay for what Cuomo wants him to?
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One part of one Harvard school appears to be working for the greater good. Harvard Law has a Project on Predatory Lending that filed a lawsuit against DeVos.
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