Klimer 1

Portfolio 1

Mekhaela Klimer

College of Southern Nevada

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Portfolio 1

Nevada is in the 9th circuit court of appeals. Education is covered in Article 11 of the

Nevada constitution. There are ten sections in this specific article.

Section 1

Section 1 of Article 11 of the Nevada constitution is, Legislature to encourage education;

appointment, term and duties of superintendent of public instruction. This section continues to

state that, 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.

Section 2.

Section 2 is titled Uniform system of common schools. This states, 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 of 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.

Section 3. Pledge of certain property and money, escheated estates and fines collected

under penal laws for educational purposes; apportionment and use of interest. This section goes

on to state, All lands granted by Congress to this state for educational purposes, all estates that

escheat to the states, all property given of bequeathed to the state for educational purposes, and

the proceeds derived from these sources, together with that percentage of the proceeds from the
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sale of federal lands which has been granted by Congress to this state without restriction of 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.

Section 4. Establishment of state university; control by board of regents. This states,

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. Establishment of normal schools and grades of schools; oath of teachers and

professors. The Legislature shall have power to 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

Constitutions. 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. Support of university and common schools by direct legislative appropriation;

priority of appropriations. This section is broken down into six subsections. They are as follows:
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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

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
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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 1st of an odd-numbered year and ending on June 30th of the

next ensuing odd-numbered year.

Section 7. Board of Regents: Election and duties. This states, 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 8. Immediate organization and maintenance of state university. This says, 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
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Act of Congress approved July second AD. 1862, 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 of 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 fun shall remain forever undiminished.

Section 9. Sectarian instruction prohibited in common schools and university. This

simply states, No sectarian instruction shall be imparted or tolerated in any school or University

that may be established under this Constitution.

Section 10. No public money to be used for sectarian purposes. This says, No public

funds of any kind or character whatever, State, County or Municipal, shall be used for sectarian

purpose.
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References

http://wps.prenhall.com/chet_underwood_schoollaw_1/42/10992/2813970.cw/index.html