Committee warned Act 73’s class-size minimums take effect July 1, 2026, even as rules lag
Get AI-powered insights, summaries, and transcripts
Subscribe
Summary
Legislative counsel told the House Education Committee that Act 73 adds class-size minimums to Title 16 and takes effect July 1, 2026; members discussed options — change the effective date, create a grace period, or require rules by a deadline — and asked for testimony from the Agency of Education and State Board.
Legislative counsel told the House Education Committee on Feb. 4 that class-size minimums added by Act 73 to Title 16 will be legally effective on July 1, 2026, even if implementing rules are not yet adopted.
The committee convened to clarify the legal relationship between statutes and administrative rules and to discuss practical options for aligning enforcement with rulemaking. St. James of the Office of Legislative Council explained that "if there's a conflict between statute and rule, the statute is gonna trump the rule," and that rules adopted under the Administrative Procedure Act are subject to a narrow set of objections by the Legislative Committee on Administrative Rules (LCAR).
Why it matters: Members said ambiguity in Act 73 — including undefined terms such as "terminal courses" and whether "average classes minimum for grades 2–5" applies per grade or combined — leaves districts unsure how to comply before rules or guidance are available. St. James noted the statute directs the State Board to initiate rulemaking but that there is no automatic trigger requiring rules to be amended or adopted contemporaneously with the statute. "The law is the law," St. James said; "it is enforceable regardless of whether the rules have taken effect yet."
Committee members discussed several policy responses: amend the statute to change its effective date; add a temporary grace period so enforcement or statutory clocks pause until rules are in place; require rules to be adopted by a specific date; or take no action and rely on Agency of Education (AOE) discretion, since the statute's enforcement language in places uses "may" rather than "shall." St. James summarized: the legislature can "provide direction in real time about updating those rules to make sure that they align" or choose to leave the statute in place and allow agencies to proceed.
Members asked for additional testimony from the AOE and the State Board of Education to explain how they plan to define ambiguous terms, how they will time rulemaking, and whether guidance to districts can be issued ahead of formal rules. The committee agreed to schedule back-to-back presentations from AOE and the State Board so members could compare operational plans and timing.
The committee did not take formal action at the meeting. Its stated next steps include requesting testimony from AOE and the State Board and considering legislative options such as changing the statute's effective date or defining key terms in law.