Article 11, Nevada Constitution

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Article 11 of the Nevada Constitution is entitled Education and consists of ten sections.

Section 1

Text of Section 1:

Legislature to Encourage Education; Appointment, Term and Duties of Superintendent of Public Instruction

The legislature shall encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvements, and also provide for a superintendent of public instruction and by law prescribe the manner of appointment, term of office and the duties thereof.

Amendments

[Amended in 1956. Proposed and passed by the 1953 legislature; agreed to and passed by the 1955 legislature; approved and ratified by the people at the 1956 general election. See: Statutes of Nevada 1953, p. 716; Statutes of Nevada 1955, p. 926.]

Section 2

Text of Section 2:

Uniform System of Common Schools

The legislature shall provide for a uniform system of common schools, by which a school shall be established and maintained in each school district at least six months in every year, and any school district which shall allow instruction of a sectarian character therein may be deprived of its proportion of the interest of the public school fund during such neglect or infraction, and the legislature may pass such laws as will tend to secure a general attendance of the children in each school district upon said public schools.

Amendments

[Amended in 1938. Proposed and passed by the 1935 legislature; agreed to and passed by the 1937 legislature; and approved and ratified by the people at the 1938 general election. See: Statutes of Nevada 1935, p. 440; Statutes of Nevada 1937, p. 550.]

Section 3

Text of Section 3:

Pledge of Certain Property and Money, Escheated Estates and Fines Collected under Penal Laws for Educational Purposes; Apportionment and Use of Interest

All lands granted by Congress to this state for educational purposes, all estates that escheat to the state, all property given or bequeathed to the state for educational purposes, and the proceeds derived from these sources, together with that percentage of the proceeds from the sale of federal lands which has been granted by Congress to this state without restriction or for educational purposes and all fines collected under the penal laws of the state are hereby pledged for educational purposes and the money therefrom must not be transferred to other funds for other uses. The interest only earned on the money derived from these sources must be apportioned by the legislature among the several counties for educational purposes, and, if necessary, a portion of that interest may be appropriated for the support of the state university, but any of that interest which is unexpended at the end of any year must be added to the principal sum pledged for educational purposes.

Amendments

[Amended in 1886, 1889, 1912, 1916, 1980, and 1988. The first amendment was approved and ratified by the people at the 1886 general election, but no entry of the proposed amendment had been made upon the journal of either house of the legislature, and such omission was fatal to the adoption of the amendment. See: State ex rel. Stevenson v. Tufly, 19 Nev. 391 (1887). The second amendment was proposed and passed by the 1885 legislature; agreed to and passed by the 1887 legislature; and approved and ratified by the people at a special election held February 11, 1889. See: Statutes of Nevada 1885, p. 160; Statutes of Nevada 1887, p. 168. The third amendment was proposed and passed by the 1909 legislature; agreed to and passed by the 1911 legislature; and approved and ratified by the people at the 1912 general election. See: Statutes of Nevada 1909, p. 340; Statutes of Nevada 1911, p. 453. The fourth amendment was proposed and passed by the 1913 legislature; agreed to and passed by the 1915 legislature; and approved and ratified by the people at the 1916 general election. See: Statutes of Nevada 1913, p. 591; Statutes of Nevada 1915, p. 513. The fifth amendment was proposed and passed by the 1977 legislature; agreed to and passed by the 1979 legislature; and approved and ratified by the people at the 1980 general election. See: Statutes of Nevada 1977, p. 1716; Statutes of Nevada 1979, p. 1953. The sixth amendment was proposed and passed by the 1985 legislature; agreed to and passed by the 1987 legislature; and approved and ratified by the people at the 1988 general election. See: Statutes of Nevada 1985, p. 2361; Statutes of Nevada 1987, p. 2355.]

Section 4

Text of Section 4:

Establishment of State University; Control by Board of Regents

The Legislature shall provide for the establishment of a State University which shall embrace departments for Agriculture, Mechanic Arts, and Mining to be controlled by a Board of Regents whose duties shall be prescribed by Law.

Section 5

Text of Section 5:

Establishment of Normal Schools and Grades of Schools; Oath of Teachers and Professors

The Legislature shall have power to establis [establish] Normal schools, and such different grades of schools, from the primary department to the University, as in their discretion they may deem necessary, and all Professors in said University, or Teachers in said Schools of whatever grade, shall be required to take and subscribe to the oath as prescribed in Article Fifteenth of this Constitution. No Professor or Teacher who fails to comply with the provisions of any law framed in accordance with the provisions of this Section, shall be entitled to receive any portion of the public monies set apart for school purposes.

Section 6

Text of Section 5:

Support of University and Common Schools by Direct Legislative Appropriation; Priority of Appropriations

1. In addition to other means provided for the support and maintenance of said university and common schools, the legislature shall provide for their support and maintenance by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.

2. During a regular session of the Legislature, before any other appropriation is enacted to fund a portion of the state budget for the next ensuing biennium, the Legislature shall enact one or more appropriations to provide the money the Legislature deems to be sufficient, when combined with the local money reasonably available for this purpose, to fund the operation of the public schools in the State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium.

3. During a special session of the Legislature that is held between the end of a regular session in which the Legislature has not enacted the appropriation or appropriations required by subsection 2 to fund education for the next ensuing biennium and the first day of that next ensuing biennium, before any other appropriation is enacted other than appropriations required to pay the cost of that special session, the Legislature shall enact one or more appropriations to provide the money the Legislature deems to be sufficient, when combined with the local money reasonably available for this purpose, to fund the operation of the public schools in the State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium.

4. During a special session of the Legislature that is held in a biennium for which the Legislature has not enacted the appropriation or appropriations required by subsection 2 to fund education for the biennium in which the special session is being held, before any other appropriation is enacted other than appropriations required to pay the cost of that special session, the Legislature shall enact one or more appropriations to provide the money the Legislature deems to be sufficient, when combined with the local money reasonably available for this purpose, to fund the operation of the public schools in the State for kindergarten through grade 12 for the population reasonably estimated for the biennium in which the special session is held.

5. Any appropriation of money enacted in violation of subsection 2, 3 or 4 is void.

6. As used in this section, “biennium” means a period of two fiscal years beginning on July 1 of an odd-numbered year and ending on June 30 of the next ensuing odd-numbered year.

Amendments

[Amended in 1889, 1938, 1954 and 2006. The first amendment was proposed and passed by the 1885 legislature; agreed to and passed by the 1887 legislature; and approved and ratified by the people at a special election held February 11, 1889. See: Statutes of Nevada 1885, p. 161; Statutes of Nevada 1887, p. 169. The second amendment was proposed and passed by the 1935 legislature; agreed to and passed by the 1937 legislature; and approved and ratified by the people at the 1938 general election. See: Statutes of Nevada 1935, p. 440; Statutes of Nevada 1937, p. 550. The third amendment was proposed and passed by the 1951 legislature; agreed to and passed by the 1953 legislature; and approved and ratified by the people at the 1954 general election. See: Statutes of Nevada 1951, p. 591; Statutes of Nevada 1953, p. 716. The fourth amendment was proposed by initiative petition and approved and ratified by the people at the 2004 and 2006 General Elections.]

Section 7

Text of Section 7:

Support of University and Common Schools by Direct Legislative Appropriation; Priority of Appropriations

Board of Regents: Election and duties. [Effective through November 22, 2010, and after that date unless the proposed amendment is agreed to and passed by the 2009 Legislature and approved and ratified by the voters at the 2010 General Election.] The Governor, Secretary of State, and Superintendent of Public Instruction, shall for the first four years and until their successors are elected and qualified constitute a Board of Regents to control and manage the affairs of the University and the funds of the same under such regulations as may be provided by law. But the Legislature shall at its regular session next preceding the expiration of the term of office of said Board of Regents provide for the election of a new Board of Regents and define their duties.

Section 7

Text of Section 7:

Support of University and Common Schools by Direct Legislative Appropriation; Priority of Appropriations

Board of Regents: Creation; organization; appointment of members; duties. [Effective November 23, 2010, if the proposed amendment is agreed to and passed by the 2009 Legislature and approved and ratified by the voters at the 2010 General Election.]

1. There is hereby created a Board of Regents to control and manage the affairs of the University and the funds of the same under such regulations as may be provided by law.

2. The Legislature shall provide by law for:

(a) The organization of the Board of Regents, including, but not limited to, the number of members of the Board of Regents and the qualifications and terms of office of the members of the Board of Regents;
(b) The appointment of the members of the Board of Regents by the Governor; and
(c) The duties of the Board of Regents and its members.

Amendments

(Proposed amendment passed by the 2007 Legislature; effective November 23, 2010, if agreed to and passed by the 2009 Legislature and approved and ratified by the voters at the 2010 General Election. See Statutes of Nevada 2007, p. 3586.)

Section 8

Text of Section 8:

Immediate Organization and Maintenance of State University

The Board of Regents shall, from the interest accruing from the first funds which come under their control, immediately organize and maintain the said Mining department in such manner as to make it most effective and useful, Provided, that all the proceeds of the public lands donated by Act of Congress approved July second AD. Eighteen hundred and sixty Two, for a college for the benefit of Agriculture[,] the Mechanics Arts, and including Military tactics shall be invested by the said Board of Regents in a separate fund to be appropriated exclusively for the benefit of the first named departments to the University as set forth in Section Four above; And the Legislature shall provide that if through neglect or any other contingency, any portion of the fund so set apart, shall be lost or misappropriated, the State of Nevada shall replace said amount so lost or misappropriated in said fund so that the principal of said fund shall remain forever undiminished[.]

Section 9

Text of Section 9:

Sectarian Instruction Prohibited in Common Schools and University

No sectarian instruction shall be imparted or tolerated in any school or University that may be established under this Constitution.

Section Ten

Text of Section Ten:

No Public Money to Be Used for Sectarian Purposes

No public funds of any kind or character whatever, State, County or Municipal, shall be used for sectarian purpose.

Amendments

[Added in 1880. Proposed and passed by the 1877 legislature; agreed to and passed by the 1879 legislature; and approved and ratified by the people at the 1880 general election. See: Statutes of Nevada 1877, p. 221; Statutes of Nevada 1879, p. 149.]

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