A group of parents and advocates is asking the New York State Education Department to intervene in the city’s plans to expand online learning in order to comply with class size law.
Their appeal to the commissioner, announced Friday, seeks to reverse city policy announced last month that would allow schools to temporarily place kids in online classes before getting parental consent.
That policy runs afoul of state regulations that give families a greater say in virtual instruction, the group said.
“Many parents believe that the online learning adopted by schools during the pandemic did not fully meet their children’s needs, academically, socially or emotionally,” said Leonie Haimson, executive director of Class Size Matters, one of the petitioners.
“Yet the DOE seems to be in a heedless rush to expand this instructional method as quickly as possible,” she said.
Under the city’s new policy, schools must get parental consent via an “opt-in” form for students to take virtual courses. It suggests administrators should make “every effort” to engage parents, but if they do not respond by the first day of school, students can stay in the online class as those efforts continue.
The guidelines sparked concern for some parents and advocates over whether some children may be forced into virtual learning, after education officials recommended earlier this spring that schools consider using remote instruction as a way to reduce the amount of space needed to lower class sizes.
Under a 2022 state law championed by Class Size Matters, class sizes must stay below 20 to 25 students, depending on their grade level. As the limits are phased in, 40% of local classrooms must comply with the new caps as of this September.
“The expansion of online learning is likely to undermine many of the benefits that smaller classes would otherwise be able to provide,” Haimson said.
While most schools should be able to meet the class size caps in their existing buildings, more than 500 schools are expected to need extra space to comply with the law, according to local data.
Public schools spokesman Nathaniel Styer said the plans follow the rules, and officials will continue to work with the state Education Department to implement new policy on remote learning.
“To be clear, participation is optional and requires parent consent. If a parent does not provide consent, then the student will not participate in that course — end of story,” he said. “Students who have the option of taking virtual or blended courses will receive details from their schools about where and when courses will take place.”
But Manhattan parent Tanesha Grant said her son, a junior at Eagle Academy, was placed in an online college class last fall without her knowledge before she saw his low grade on a transcript in November.
“He struggled in that class and ended up failing it,” said Grant, who had to seek out the district superintendent to clear the grade from his transcript.
She added that she does not oppose remote learning but said parents have to be made aware, which can be tricky in a school system as sprawling as New York’s.
“I know from my experience and that of many other parents that in too many schools, communication with parents is horrible,” she said.
Education attorney Laura Barbieri, who represented a group of parents and teachers in a blockbuster lawsuit in 2022 to reverse local education budget cuts, has taken on the appeal pro bono, according to a press release.
The state Education Department declined to comment on the appeal, comparing its commissioner’s role to that of a judge.
“While the department has not yet received this appeal, we cannot comment on a specific set of facts that may come before the commissioner as an appeal,” spokesman J.P. O’Hare said.
