A working group tasked with providing guidance on implementing New York state’s new class size law has called for enrollment caps at some overcrowded schools, moving preschool programs out of elementary school buildings and incentives to boost the teaching force in the city.

But difficulty achieving consensus within the group hints at the broader challenges the city faces in complying with the law. A handful of dissenters are releasing a minority report, saying the law has the potential to cause “significant disruption” throughout the school system.

The working group’s 55-page report is meant as a guide for New York City Mayor Eric Adams' administration.

The Department of Education, meanwhile, has said it cannot implement the law without additional funding.

In a statement released alongside the recommendations Monday, Schools Chancellor David Banks noted the city has met the law’s class size requirements for the first two years, but warned that continued compliance will require “changes, tradeoffs and additional resources" across the city's public schools.

The city’s Independent Budget Office has said the city would need to hire as many as 17,700 teachers, costing between $1.6 billion and $1.9 billion annually. Finding additional classroom space could add billions more in costs.

The vast majority of the working group argues the law is achievable with investments and key changes in policy. Those members argue that meeting the mandate is also essential for students’ wellbeing.

The recommendations call for capping enrollment at over-enrolled schools when there are underutilized schools nearby — although some parents worry this could make it harder to get a slot at high-performing schools.

The group also recommends repurposing existing space within schools, but cautions that should not be done at the expense of arts, electives or accelerated classes. Merging colocated schools to consolidate space — and staggering arrival and dismissal times when necessary to ease crowding — is another recommendation.

The group also calls for moving some 3-K and pre-K programs out of overcrowded elementary school buildings and into local community-based organizations that have struggled to fill seats.

In some cases, new schools would have to be built. But the report says the city must build more efficiently than it has in the past.

The working group singled out the city's School Construction Authority for inefficiencies in identifying properties where schools could be built.

Additionally, the report recommends financial incentives to draw educators to schools that have been difficult to staff.

“Resigning ourselves to the belief that reducing class sizes is an insurmountable challenge is defeatist and serves no one, especially not our students,” working group cochair Johanna Garcia said in a statement. “Together, we must commit to doing the hard but essential work required to reduce class sizes.”

The Law

The law passed last year and is currently being phased in. It requires that, by 2027, class sizes in grades K through 3 must be 20 students or less; in grades 4 through 8 they must be 23 or less; and in high school they must be 25 or less.

Many parents and educators who have lobbied for smaller classes for years cheered passage of the legislation, calling it a pivotal step to improve educational outcomes. Research has shown smaller classes can boost student achievement and dramatically reduce behavioral issues.

But the Adams administration has argued it cannot afford to meet the class size targets outlined in the law.

“To fully implement this law, we need the funding necessary to hire additional teachers and build additional classrooms — there is no magical pot of money available,” DOE spokesperson Nathaniel Styer said last week.

The Dissent

In their minority report, the six dissenters — out of a total 48 members — recommended significantly reforming the law, such that parents would be empowered to approve exemptions from class size limits.

They also called for extending the implementation of the limits, from five years to 20 years, with high schools coming last in the phase-in.

The dissenters include members of the group PLACE, which advocates for selective admissions and has openly criticized the law as impractical, warning that it could reduce access to seats in gifted, accelerated and Advanced Placement programs and specialized high schools.

“The law is incredibly complex, many disagreements were unresolved, and it is clear that a more thoughtful, patient approach is required,” the minority report said.