Since our union leaders ignore the class size issue, parents do the heavy lifting.
This press release is also available here.
For Immediate Release:  
July 6, 2017
Contact: Leonie Haimson, Class Size Matters, 
leoniehaimson@gmail.com
Wendy Lecker, Education Law Center, 
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.
_____________________
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 1
st grade and the other in 4
th 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.”
_____________________
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 here.