MEMORANDUM
Memo To: All Buffalo Teachers
From: Rich Nigro, President, BTF
Date: November 29, 2023
Subject: Class Overage Payments
How are class size overage determined in an Integrated Co-Teaching classroom? The question of how Article IX (Class Size) of the BTF contract applies to Integrated Co-Teaching Classrooms has been a dispute between the District and the Federation for many years and has led to dozens of outstanding grievance arbitration matters. Thankfully, this question has finally been answered.
In his recent award in PERB Case No. A2019-324, Arbitrator Richard N. Chapman brought clarity to this question, resolving many outstanding grievance arbitration matters between the District and the Federation. Specifically, Arbitrator Chapman awarded the following:
- Integrated Co-Teaching Classrooms in the Buffalo Public Schools are composed of both students without disabilities and students with an Individualized Education Plan (IEP) requiring an Integrated Co-Teaching classroom. These classes are taught by both a General Education Teacher and a Special Education Teacher.
- A class size overage exists for the General Education Teacher in the Integrated Co-Teaching Classroom when the combined total number of students without disabilities and students with an IEP requiring an Integrated Co-Teaching Classroom exceeds the maximum class size set forth in Article IX of the Collective Bargaining Agreement.
- The maximum number of students with an IEP requiring an Integrated Co-Teaching Classroom on the roster for Integrated Co-Teaching is twelve (12) students.
- A class size overage exists for the Special Education Teacher in the Integrated Co-Teaching Classroom when the number of students with an IEP requiring Integrated Co-Teaching on the roster is in excess of twelve (12) students.
- Class size overage payments pursuant to this agreement will be calculated according to Appendix G of the Collective Bargaining Agreement.
Our Labor Relations Specialists are working with the District to identify all the outstanding grievance matters on this subject, and ensure that the affected teachers in those grievance matters are compensated appropriately according to Arbitrator Chapman’s award.
