Why Act 73 Doesn’t Save Small Schools—But Act 168 Could

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August 10, 2025

Why Act 73 Doesn’t Save Small Schools—But Act 168 Could

When Vermont passed Act 73 in the spring of 2025, it triggered a statewide reorganization of public school districts. Under the law, districts must be redrawn to fall within a target enrollment range of 4,000 to 8,000 students, measured using Average Daily Membership (ADM)—an average of enrolled students calculated over the school year.

The goal of the law is to improve equity and efficiency by consolidating administrative systems, ensuring access to essential programs, and stabilizing per-student spending. But while Act 73 focuses on redrawing the map at the district level, it leaves individual schools vulnerable—especially small rural ones.

Simply put, meeting the district-size requirement under Act 73 does not protect small schools within those districts from closure.

District ADM Doesn’t Shield Small Schools

A district that reaches 5,000 or 6,000 students under Act 73 may appear fully compliant. But if it includes one or more tiny K–6 schools—some with enrollments below 75 students—those schools are still likely targets for closure or consolidation, especially if they’re expensive to operate or difficult to staff.

In fact, the creation of larger districts may accelerate that trend. Larger governing boards face increased pressure to trim costs, eliminate duplication, and streamline services. That often translates into school closures in outlying or low-population areas.

There is nothing in Act 73 that prohibits this. The law governs district structure, not building-level preservation.

Act 168: A Strategic Option for Local Control

Passed one year earlier, in 2024, Act 168 provides a potential solution—but only if communities act proactively. The law allows supervisory unions and school districts to form regional partnerships known as Boards of Cooperative Education Services, or BOCES.

These BOCES units allow multiple districts to share:

Special education staff,
Transportation systems,
Grant-writing and procurement teams,
Administrative services,
Professional development and curriculum specialists.

The idea is simple: if multiple districts are each trying to support a handful of small schools, it may be more efficient—and sustainable—for them to collaborate rather than compete.

Act 168 allows up to seven BOCES statewide, and includes a July 1, 2027 deadline for formation. Each BOCES must submit a cost-benefit plan and governance structure for state approval. A one-time $10,000 state grant is available to each approved BOCES to assist with early startup costs.

But unlike Act 73, which is mandatory, Act 168 is voluntary. No BOCES will be formed unless local districts take the initiative.

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How the Laws Work Together

Think of it this way:

Act 73 redraws the map to meet state standards on paper.
Act 168 gives communities the tools to make those maps work in real life.

For example, imagine two newly formed districts under Act 73. Each meets the state’s ADM requirement, but both contain two or three very small elementary schools that are struggling to stay viable. By forming a BOCES together under Act 168, those districts could share special ed services, coordinate transportation, and pool administrative costs—giving those small schools a better chance of survival.

Act Now, Not Later

The key for communities is to act before decisions are made for them. Once a district begins evaluating buildings for closure or program consolidation, it may be too late to reverse the momentum. By organizing early and exploring BOCES formation now, districts can create a financial and operational argument for keeping small schools open.

This isn’t just a bureaucratic exercise—it’s a matter of community identity, student access, and rural survival.

Who to Contact About Act 168

For parents, school board members, and local leaders looking to learn more or push for BOCES participation, the following state legislators were directly involved in education policy and Act 168 discussions during the 2024 legislative session:

Legislators Involved with Act 168

The Bottom Line

Act 73 may have redrawn the districts. But the fate of Vermont’s small schools will be decided locally—and likely soon. Act 168 gives communities a legal path to protect what they value. But the state won’t do it for them.

The time to organize is now.

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Dave Soulia | FYIVT

#fyivt #vermontschools #ruraleducation #act168

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