Committee reviews class‑size minimums, waivers and enforcement in H.454 amendment
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Summary
A Ways & Means walkthrough of an amendment to H.454 would add statutory class‑size minimums to Vermont's education quality standards, set exclusions and waiver processes, and tie enforcement to existing remedies for schools that fail to meet standards.
The Ways & Means committee continued a line‑by‑line walk through of a strike‑and‑call amendment to H.454 that would insert class‑size minimums into Vermont's education quality standards and spell out waivers and enforcement procedures, presenters said.
The proposal sets average class‑size minimums of 12 students for kindergarten, 15 for grades 1 through 4 and 18 for grades 5 through 12, excludes certain specialty courses and services from those minimums, and directs the State Board of Education to define waiver criteria for geographically isolated schools. The provisions would take effect July 1, 2026, where noted in the bill language.
The change is introduced as an amendment to the education quality standards statute (Title 16 —165). Committee staff member Beth said the bill adds a new subdivision for class‑size minimums and described how the averages would be applied. "I believe what is meant here is that the class size minimum is 12 students, but that can be averaged amongst all of the kindergarten grades," Beth said. Representative Kimball pressed on the drafting: "The term 'average minimum' seems to be a term of art. One's an average, one's a minimum," she said, seeking a clearer definition for application within a school.
Why it matters: The amendment would make class‑size minimums part of the statutory education quality standards, which triggers the existing oversight and remediation process if a school does not meet standards. Under the bill, if the Secretary of Education determines a school has failed to meet the class‑size minimums for two consecutive school years without an approved waiver, the secretary must recommend one or more statutory actions to the State Board of Education (continued technical assistance, boundary adjustments, administrative control, closure or consolidation), and the State Board must follow established hearing and least‑intrusive requirements before ordering action. Boards aggrieved by State Board orders may appeal to the courts.
Key details and exclusions: The bill as drafted excludes CTE courses, flexible pathways, terminal and advanced placement courses, classes requiring specialized equipment, driver's education and small‑group services provided for special education, supplemental/targeted interventions, or English learner instruction. Class sizes must also comply with local and state fire code occupancy limits. The State Board is required to adopt rules defining geographic isolation and to create a waiver process; the board's decision on waivers is final under the draft language.
Committee members asked procedural and definitional questions. Representative Kimball asked whether averages are computed within a school (Beth: "Within a school.") and sought confirmation that boundary adjustments and district consolidation remain among the possible remedies the State Board could recommend. Representative Bridal emphasized ways and means concerns about funding: "Our job is going to be to make sure there's enough money to pay for all these teachers," she said, asking whether data exist now on per‑class or per‑district costs to implement the standards.
Implementation and limits: The transcript shows an accompanying session‑law provision that would prohibit the State Board from ordering school or district consolidation if doing so would require construction costs exceeding the applicable district's capital reserve account until the General Assembly establishes new district boundaries and further guidance. That provision aims to limit the State Board's use of consolidation where immediate construction funding would be necessary to implement a merger.
What remains open: Committee staff and members acknowledged drafting ambiguities: the bill uses "average class size minimum" language that members asked be clarified, and members asked for data on current class sizes and likely fiscal impacts. Several members said those are matters for ways and means to quantify before funding decisions. The State Board and Agency of Education are directed to initiate rulemaking and to report back with proposed definitions and processes in the timelines specified in the bill.
Ending: The class‑size section concludes with the same enforcement ladder already used for other education quality standards; committee staff closed that portion of the walk through and the committee moved to subsequent school construction and rulemaking sections.
