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Lawmakers and board officials warn districts after class‑size rule timeline leaves gap
Summary
Board leaders told House Education that Act 73 sets class size minimums to take effect July 1, but the State Board is directed to begin rulemaking on Aug. 1, 2026 — a timing mismatch that has left districts uncertain about budgeting and staffing.
State Board of Education leaders and House Education members flagged on Jan. 27 a timing problem in Act 73 that they said is creating confusion for school districts preparing budgets and staffing plans.
"The way Act 73 is written, the class size minimums go into effect this July, but yet [the] state board of ed isn't directed to commence rulemaking until August," said Jennifer Dex Samuelson, chair of the State Board of Education. Tammy Colby, vice chair, described the practical consequences for districts and said the Agency of Education (AOE) has begun producing guidance, but that the board has not seen the agency’s materials.
"The secretary ... said we are interpreting the implementation of these ... class size minimums at this point as being sort of, aspirational," Colby said, explaining that in the absence of formal rules there is nothing specific for AOE to enforce.
Committee members pressed for clearer direction. One member said districts have already given staff notice tied to the requirement, reporting "at least 6 people that have lost their job because of the deadline." Board leaders responded by noting the statute provides a three‑year period before certain enforcement steps would escalate and urged communication to districts to avoid premature actions.
Committee members and board leaders discussed possible legislative fixes, including a proposal floated in the meeting to push the July 1 deadline back by a year to allow rulemaking and guidance to proceed in a timely manner. The chair said the suggestion would be taken under advisement.
Board leaders said they plan to move quickly on rulemaking for class size minimums and to prioritize guidance for districts so budgeting decisions can reflect the board’s likely approach.
