REDUCING class sizes across Scotland is an unworkable, undesirable and illegal policy, claim Conservative MSPs.
The attack comes on the heels of a report that says small infant classes are essential for later educational achievement.
The Tories say recent legal action by parents proved the only class size maximum enshrined in law was the 30-pupil limit
set in 1999, when parents in two council areas took action after being refused a school place because the class was full at 25.
David McLetchie, Conservative MSP and local government committee member, said few councils had any written agreement on class sizes with the Scottish Government.
He said 21 out of 32 single outcome agreements – financial deals between each council and the Scottish Government – made no mention of class sizes.
Nine councils say more money is needed to implement the class size policy, according the Conservatives.
And Mr McLetchie added: "This all serves to underline just how cynical the SNP have been in promising something that is practically impossible to deliver."
Fiona Hyslop, the education secretary, has said legislation is unnecessary as the target would be met by councils.
Mr McLetchie accused the SNP of "unceremoniously ditching" the policy, which had no prospect of being met by 2011. He added: "It is not workable, it is certainly undesirable and it's not legal."
Elizabeth Smith, Conservative schools spokeswoman, said: "We are not saying it is a bad thing to have smaller class sizes, but that it is a decision for individual schools."
The Scottish Government vowed to reduce maximum class size in P1-3 to 18 but has come under fire for placing no timescale on delivery.
The previous Labour-Liberal Democrat administration set a maximum of 25 for P1. However, the Conservatives say as both targets were guidelines they are meaningless in law and, with no planned legislation, the SNP has effectively ditched the policy.
Social policy think-tank Civitas will publish a report today saying current class sizes are too big and must be cut to "maximise learning opportunities among infants".
Reducing class sizes has become a controversial policy area for the Scottish Government.
To fulfil the promise, they pledged more new teachers to allow councils to split classes over 25 in two.
However, with the removal of ring-fenced funding, the government cannot force councils to employ the teachers.
Latest statistics show only one in four new teachers this year has so far found a job.
Glasgow, Renfrewshire and Edinburgh councils have already said they cannot afford the policy.
And many are using composite classes, which can be larger, to meet the target.
The Association of Directors of Education has estimated putting the policy into effect would cost £422 million.
However, teachers want all class sizes reduced to 20 and have indicated they may strike in areas where numbers rise.
A spokesman for the EIS teaching union said: "Teachers and parents are well aware of the educational benefits of smaller class sizes and will have little regard for any parties that attempt to walk away from their commitments to reduce class sizes."
A Scottish Government spokesman claimed progress was being made on the policy, saying: "Twelve per cent of primaries one to three are currently at 18 or under, which shows the magnitude of the task."
He said councils aimed to meet the target as quickly as possible but the pace of implementation would vary. He added: "It is also expected that local government will make year on year progress."
TIMELINEJANUARY 2007 – Teaching union, the EIS lodges a petition with the Scottish Parliament demanding smaller class sizes.
MAY 2007 – SNP win the election on a manifesto which pledged to cut class sizes.
JUNE 2007 – Fiona Hyslop, the education secretary, refuses to set a time limit, but insists it will be a staged process.
NOVEMBER 2007 – SNP government announces concordat deal with councils as part of a freeze on council tax. Part of deal is that council will deliver on government targets.
NOVEMBER 2007 – Ms Hyslop is criticised for saying the target would be "flexible"
She said: " I don't want to see a P1 class of 25 disrupted just so it can be reduced to 18." However, she insisted all 32 councils were expected to show "significant progress".
MAY 2008 – The Association of Directors of Education say it will cost an additional £422 million.