A strict primary-source review of statutes, constitutions, and administrative codes with statutory force. Ohio governs K–4 enrollment only through a district-wide staffing floor — a 25:1 FTE ratio — not through any per-classroom ceiling. A 25-student 2nd-grade classroom therefore violates no Ohio statute. It also exceeds the per-class cap that would apply in eight other states.
The debate over whether Sycamore's proposed 25-student 2nd grade is "typical" or "extreme" is almost always fought in the absence of the actual data. This page is the data. Every number in the table below has been verified against the primary legal source — the state statute, constitution, or administrative code section that actually creates the rule — rather than against aggregator summaries (ECS, NCSL) that in several cases contain errors the primary text does not support.
The finding is blunt. A 25-student 2nd-grade classroom is flatly illegal in only eight states. It would exactly equal the statutory cap in three more. In the remaining 38 jurisdictions — including Ohio — it falls inside what state law allows. That fact does not resolve whether it is wise. But it does reframe the argument: Ohio is not uniquely bad; it is squarely inside the ~three dozen states that leave classroom size to local-board discretion. The question is whether Sycamore should behave like a district whose state gives it maximal latitude, or like a district whose state has been held to the standard its neighbors have.
| State | K–3 Cap Status | K | 1 | 2 | 3 | Unit / Enforcement | Citation |
|---|---|---|---|---|---|---|---|
| Alabama | Partial (K) | 18 | — | — | — | Ala. Admin. Code r. 290-5-1-.01 is titled "Minimum Standards for Organizing Kindergarten Programs." Paragraph (2) sets a 1:18 kindergarten teacher-pupil ratio. Grades 1–3 are governed only by the Foundation Program funding divisor, not a per-class cap. Accreditation-based enforcement for kindergarten. | Ala. Admin. Code r. 290-5-1-.01(2) |
| Alaska | No cap | — | — | — | — | Historically silent on K–3 class size. HB 57 (SLA 2025, Ch. 5), enacted May 20 2025 via legislative override of Gov. Dunleavy's May 19 2025 veto, adds AS 14.03.065 — a 23-student target average for pre-kindergarten through grade 6 (30 for grades 7–12). Takes effect July 1 2026, is a district-level average policy, not a per-class cap, and excludes mixed-grade, art, library, music, computer-science, vo-tech, and PE classes. | AS 14.03.065 (HB 57, Ch. 5 SLA 2025) |
| Arizona | No cap | — | — | — | — | SB1232/2023 failed. No statutory cap. | None |
| Arkansas | Hard cap | 20 | 25 | 25 | 25 | K per class (22 w/aide); grades 1–3 district avg 23 + per-class ceiling 25. Accreditation consequences. Numbers set by Ark. Admin. Code 005.28.19-007 (DESE Rules Governing Class Size and Teaching Load, ADE 349, eff. Jan. 1 2020), authorized by Ark. Code §§ 6-11-105, 6-17-812. | Ark. Admin. Code 005.28.19-007; Ark. Code §§ 6-11-105, 6-17-812 |
| California | No cap | 33* | 32* | 32* | 32* | *Funding-penalty threshold, not a cap. Cal. Ed. Code §41378 (K, threshold 33) and §41376 (grades 1–3, individual-class 32 / district-avg 30) reduce ADA funding when thresholds are exceeded. §41382 authorizes State Board waiver on a required finding. | Cal. Ed. Code §§ 41376, 41378, 41382 |
| Colorado | No cap | — | — | — | — | No statute or rule. | None |
| Connecticut | No cap | — | — | — | — | Conn. Gen. Stat. §10-265f is a grant program only. | Conn. Gen. Stat. §10-265f |
| Delaware | Hard cap | 22 | 22 | 22 | 22 | Per class (core academic only); aide counts as 0.5 FTE. DOE reporting; no fiscal penalty. Local board may waive by public vote. | 14 Del. C. § 1705A |
| DC | No cap | — | — | — | — | No DC Code or DCMR provision. | None |
| Florida | Hard cap | 18 | 18 | 18 | 18 | Constitutional per-class cap (traditional publics); school-wide avg for charters and "schools of choice". Fiscal penalty repealed by HB 633 (2023). | Fla. Const. Art. IX §1(a)(1); Fla. Stat. §§1003.03, 1002.31(5), 1002.33(16)(b)3 |
| Georgia | Hard cap | 18–20 | 21 | 21 | 21 | Per Rule 160-5-1-.08 App. A: K=18 without aide / 20 with full-time paraprofessional; grades 1–3 = 21 (with or without aide) as hard individual-classroom maxima. Loss of FTE funding for any non-compliant class. Waived in ~73% of districts via Strategic Waiver contracts (approximately 132 of 180, per 2019 Dept. of Audits report). | O.C.G.A. §20-2-182(i); Ga. Reg. 160-5-1-.08 |
| Hawaii | No cap | 25* | 25* | 20* | 20* | *BOE Policy 106-2 only (not statutory): K–2 hard maximum 25:1; K–3 "optimum" 20:1. Grade 3 and grades 4–12 have only an "optimum," no maximum. Implementation is "as funds available." HRS Ch. 302A is silent. | HRS Ch. 302A silent; Hawaii BOE class-size policy (Policy 106-2, 2016; reorganized into the 2200 series) |
| Idaho | No cap | 20* | 20* | 20* | 20* | *"Goal" only — non-binding. No enforcement. | IDAPA 08.02.02.110 |
| Illinois | No cap | — | — | — | — | 105 ILCS 5/2-3.136 is voluntary grant only. | 105 ILCS 5/2-3.136 |
| Indiana | No cap | — | — | — | — | No statute or rule. | None |
| Iowa | No cap | — | — | — | — | Funding-contingent 17:1 target; categorical funds use only. | Iowa Code Ch. 256D |
| Kansas | No cap | — | — | — | — | No statute or rule. | None |
| Kentucky | Hard cap | 24 | 24 | 24 | 24 | Per class (K–3 "primary program"). Commissioner enforcement; willful-neglect charge. | KRS §157.360; 702 KAR 3:190 |
| Louisiana | Hard cap | 26 | 26 | 26 | 26 | BESE Bulletin 741 (LAC 28:CXV.913): 26 per class + 20:1 system ratio. Note: La. R.S. 17:174 statutorily says "shall not exceed twenty," but subsection C of that statute makes it dormant for lack of appropriation — so the regulatory 26 controls in practice. | LAC Title 28, Part CXV, §913 (Bulletin 741); La. R.S. 17:174(C) |
| Maine | No cap | — | — | — | — | School-wide 25:1 ratio, not per-class. Commissioner review. | 20-A M.R.S. §4502(5)(B) |
| Maryland | No cap | — | — | — | — | No codified K–3 cap. | None |
| Massachusetts | No cap | 25* | — | — | — | *District/school average for kindergarten only ("shall not exceed an average of 25") — not a per-class ceiling. DESE review. | 603 CMR 8.01(2) |
| Michigan | No cap | — | — | — | — | MCL 380 (Revised School Code) is silent on K–3 per-class caps. Class size is a permissive bargaining subject under MCL 423.215, so per-class limits (where they exist) live in district-level collective-bargaining agreements. | MCL 380 silent; MCL 423.215 |
| Minnesota | No cap | — | — | — | — | District-average 17:1 funding reservation. None per class. | Minn. Stat. §126C.12 |
| Mississippi | No cap | — | 27* | 27* | 27* | *District-wide pupil-teacher ratio, not per-class. Multiple waiver pathways. | Miss. Code §37-151-77 |
| Missouri | No cap | 25* | 25* | 25* | 27* | *MSIP 6 accreditation guideline, not cap. Rule groups grades as K–2 ("acceptable" 25, "recommended" 17) and 3–4 ("acceptable" 27, "recommended" 20). Numbers shown are the "acceptable" tier. | 5 CSR 20-100.125 (MSIP 6 App. A, TL12) |
| Montana | Hard cap | 20 | 20 | 20 | 28 | Per class: K, 1st, 2nd = 20; grades 3 and 4 = 28 in single-grade rooms; all K–3 = 20 in multi-grade rooms. Up to 5-student overload with qualified support staff at 1.5 hrs/day per overload student; 6+ overload prohibited. Accreditation consequences flow through ARM 10.55.605. | Mont. Admin. R. 10.55.712; enforced via 10.55.605 |
| Nebraska | No cap | — | — | — | — | 92 NAC 10 silent. | None |
| Nevada | No cap | 16* | 16* | 16* | 18* | *District pupil-teacher ratio; variances "for lack of financial support" granted annually in the hundreds. | NRS 388.700 |
| New Hampshire | No cap | 25* | 25* | 25* | 30* | *Former per-class caps (25 K–2; 30 grade 3) repealed 12/13/2024 and replaced by Ed 306.14 "student-educator ratios": 25:1 for K–2 and 30:1 for grades 3–5. Ratios, not per-class ceilings. | N.H. Admin. Code Ed 306.14 (replaced Ed 306.17) |
| New Jersey | Partial (high-poverty) | 21 | 21 | 21 | 21 | Per class; SFRA "at-risk" districts only (≥40% at-risk). NJDOE Chapter 13 oversight. | N.J.A.C. §6A:13-3.1(b) |
| New Mexico | Partial (K) | 20 | 22* | 22* | 22* | Per class (K); *school-wide average only for grades 1–3. | N.M. Stat. §22-10A-20 |
| New York | Partial (NYC only) | 20 | 20 | 20 | 20 | Per class; NYC only, phased in to 2028. Rest of state has no cap. | N.Y. Ed. Law §211-d; 8 NYCRR §100.13 |
| North Carolina | Hard cap | 18/21 | 16/19 | 17/20 | 17/20 | LEA avg + per-class ceiling (avg + 3). Superintendent salary funds withheld. | N.C. Gen. Stat. §115C-301(c) |
| North Dakota | No cap | — | — | — | — | Former accreditation max 25; penalty section repealed. | N.D. Admin. Code Art. 67-19 |
| Ohio | No cap | — | — | — | — | District-wide 1:25 FTE ratio for K–4 — explicitly not per-class. Site-evaluation corrective action. No ORC section creates a per-class K–3 cap. | OAC 3301-35-05(A)(2); ORC §3301.07 (enabling) |
| Oklahoma | Hard cap | 20 | 20 | 20 | 20 | Per class. Bonded-indebtedness exemption covers ~96+ districts; penalties were under moratorium 2010–2021. | 70 O.S. §§18-113.1, 18-113.2 |
| Oregon | No cap | — | — | — | — | Reporting only. | ORS 329.901 |
| Pennsylvania | No cap | — | — | — | — | 22 Pa. Code §405.43 is Pre-K only. | 22 Pa. Code §405.43 |
| Rhode Island | No cap | — | — | — | — | R.I. Gen. Laws §16-5-31 is grant only. | R.I. Gen. Laws §16-5-31 |
| South Carolina | Hard cap | 30 | 30 | 30 | 30 | Per-class cap of 30 for K–3, layered with a 28:1 school-wide average and a 21:1 district-wide average in reading and math for K–3. K and PreK teachers/students excluded from the 28:1 school-avg calculation. Accreditation / Defined Minimum Program enforcement. | S.C. Code Regs 43-205(II.B.1) |
| South Dakota | No cap | — | — | — | — | District ratio for funding only. | SDCL §13-13-10.1 |
| Tennessee | Hard cap | 25 | 25 | 25 | 25 | Per class max + 20 school avg. Commissioner enforcement; waivers narrow. | Tenn. Code §49-1-104 |
| Texas | Hard cap | 22 | 22 | 22 | 22 | Per class (PK–4). Commissioner enforcement under §48.005(c), §25.112, and Ch. 39A sanctions. Waived in the majority of districts via Ch. 12A "District of Innovation" (~974 of ~1,200 districts, TEA November 2023 snapshot). | Tex. Ed. Code §25.112; Ch. 12A |
| Utah | No cap | — | — | — | — | Funding appropriation only. | Utah Code §53F-2-312 |
| Vermont | No cap | — | — | — | — | Current EQS rule §2121.2.2 (eff. July 1 2025): "Classes in grades K–3, when taken together, shall average fewer than twenty students per teacher" — a school-average target, not a per-class cap. Act 73 of 2025 adds minimum-average class sizes (1st ≥10; 2–5 ≥12; 6–8 ≥15; 9–12 ≥18) — effective July 1 2026, via 16 V.S.A. §165(a)(9). AOE quality standards review. | VT EQS Rule 2000 §2121.2.2; 16 V.S.A. §165; Act 73 of 2025 |
| Virginia | Hard cap | 29 | 30 | 30 | 30 | Individual-class ceilings (K=29; 1–3=30) layered on top of a divisionwide 24:1 staffing ratio — both must be met. Aide required if kindergarten ADM exceeds 24. SOQ compliance; corrective action. | Va. Code §22.1-253.13:2(C) |
| Washington | No cap | — | — | — | — | District-wide funding average 17:1 for K–3. | RCW 28A.150.260(4) |
| West Virginia | Hard cap | 20 | 25 | 25 | 25 | Per class; aide required above thresholds (10 for K; 12 for 1–3). Teacher overflow pay. | W. Va. Code §18-5-18a |
| Wisconsin | No cap | — | — | — | — | AGR program only (opt-in, closed to new entrants). | Wis. Stat. §118.44 |
| Wyoming | No cap | — | — | — | — | District "shall endeavor" 16:1 avg; aspirational goal only after 2017 repeal. | W.S. §21-9-101(d) |
Caps themselves range from a low of 18 (Alabama K only; Florida K–3; Georgia K without aide; North Carolina K LEA average) to a high of 30 (Virginia grades 1–3; South Carolina per-class max). The most common range is 20 to 22. For 2nd grade specifically, statutory per-class ceilings cluster at 18 (FL), 20 (MT, NC individual max, OK), 21 (GA, NJ high-poverty, NY NYC), 22 (DE, TX), 24 (KY), 25 (AR, TN, WV), 26 (LA), and 30 (SC, VA).
The phrase "school district-wide" and the FTE framing confirm this is a district-level staffing ratio, not a per-classroom ceiling. Neither Ohio Revised Code §3301.35, §3301.07, nor §3317.023 contains a per-class K–3 maximum. An individual Ohio 2nd-grade classroom could lawfully enroll 28, 30, or more students so long as the district's overall K–4 FTE ratio remains at 25:1 or better.
The district's proposed 25-student 2nd grade is therefore well inside Ohio's legal framework — though that framework is conspicuously weaker than what exists in fourteen peer states.
Several states that appear in compilations as having hard caps are better understood as hard caps on paper, soft caps in practice. Anticipate this reframing in any testimony citing the table.
The practical lesson: even in the minority of states that cap K–3 class size by statute, the cap has frequently been eroded by exemption mechanisms. Ohio's posture — no per-classroom cap at all — places it not as an outlier but squarely in the larger group of roughly three dozen states that leave individual classroom enrollment to local-board discretion. A 25-student 2nd grade would be illegal in only a small subset of the country, but it would exceed the ceiling adopted by every Southern state that has legislated on the question, by the constitutional voters of Florida, and by New York City; it would match the outer edge of what Arkansas, Tennessee, and West Virginia tolerate; and it would fall within the most restrictive quartile of any statewide standard in the United States.
Several numbers in widely circulated compilations (including ECS's 2020 "State K–3 Policies" report) did not survive primary-source verification and have been reclassified in the table above:
Where conflicts between ECS/NCSL compilations and primary statutory text surfaced, the primary source prevailed. Where current primary text could not be fully retrieved, the report defers to the more recent ECS classification and flags the uncertainty rather than asserting a figure.