Running head: Education Legislation in the Nevada Constitution 1

Rasmussen, Cassandra

College of Southern Nevada

Education Legislation in the Nevada Constitution 2

The United States has thirteen federal districts. Districts one through twelve are

regulated to specific states. However, district thirteen hears appeals for specific areas of federal

law. Nevada is part of the ninth district circuit, also included in this district are: Alaska,

Washington (State), Oregon, California, Arizona, Idaho, and Montana (Underwood and Webb,

2006). Each state has its own state constitution, and inside the state’s constitution, it outlines

decisions that have been rendered by their corresponding districts. Within Nevada’s state

constitution one important section to future educators is article 11, which pertains to education.

The education section of Nevada’s constitution is made up of ten sections within article 11

(Pearson).

The first section of Nevada’s constitution article 11 is entitled “Legislature to encourage

education” (Pearson). This section of legislature outlines that certain areas of intelligential gain

must be focused on specific areas of study. These specific areas are “intellectual, literary,

scientific, mining, mechanical, agricultural, and moral achievements” (Pearson). Additionally, it

also states that superintendents must be appointed and have term limits. This ensures that the

highest standard is upheld (Pearson).

The second section of article 11 of Nevada’s constitution is “Uniform system of common

schools” (Pearson). This area of the constitution sets a mandate that a school must operate for at

least six months out of the year. If the school does not perform this obligation, the schools

funding would be cut for the “neglect or infraction” (Pearson). Additionally, this section also

gives the legislature the ability to pass laws that will mandate the requirement of children to

attend school (Pearson).

Education Legislation in the Nevada Constitution 3

The third section of article 11 of Nevada’s constitution is “Pledge of certain property and

money, escheated estates and fines collected under penal laws for educational purposes;

apportionment and use of interest” (Pearson). This section allows land to be used, from congress,

for educational purposes. It also states where any funds received from the property will be

disbursed. For example, all monies collected from fines or interest on the property must go

towards educational purposes (Pearson).

The forth section of article 11 of the Nevada constitution entitled “Establishment of state

university; control by board of regents” (Pearson). This entails that an establishment of a state

university must be regulated. This means that a state university has a board of regents.

Additionally, that the state university will (just as section one) focus on a specific area of study,

these areas include: “Agriculture, Mechanic Arts, and Mining” (Pearson).

The fifth section of article 11 of the Nevada State constitution is entitled “Establishment

of normal schools and grades of school; oath of teachers and professors” (Pearson). This section

gives the legislature the power to implement grade levels and standards of teachers/professors.

This also states that teachers or professors that fail to uphold their oath will not be entitled to

compensation from public education sources (Pearson).

The sixth section of article 11 of the Nevada State constitution is entitled “Support of

university and common schools by direct legislative appropriation; priority of appropriations”

(Pearson). This section is broken into six subsections. The first subsection deals with how

maintenance and support being funded by means of a general fund. Whereas, subsection 2 deals

with how money will be budgeted for the upcoming biennium. The third and fourth subsection

are both special sections of legislature. Special sessions of legislature provide the mandate for a

special session to be called to appropriate funding, if funding was not allocated during the
Education Legislation in the Nevada Constitution 4

regular legislative sessions (Pearson).The last subsection defines “biennium” as a “period of two

fiscal years beginning on July 1 of an odd numbered year and ending on June 30 of the next

ensuring odd-numbered year” (Pearson).This enables a clear and concise definition of the

previous subsections (Pearson).

The seventh section of article 11 of the Nevada State constitution is entitled “Board of

Regents: Election and duties (Pearson). This section allowed the “governor, secretary of state

and superintendent” (Pearson) to manage funds, however this was only for a period of the first 4

years. This allowance however has since been repealed (Pearson).

The eighth section of article 11 of the Nevada State constitution is entitled “Use of

proceeds from public lands donated by Act of Congress for benefit of departments of State

University” (Pearson). This allows land and money to be set aside by congress for use that is

specific to the state universities. If those funds should be misplaced, lost, for whatever reason the

state of Nevada is required to replace it (Pearson).

The ninth section of article 11 of the Nevada State constitution is entitled “Sectarian

instruction prohibited in common schools and university” (Pearson). This means that there is a

zero-tolerance policy for teaching a belief system. While one can teach about a belief system

(such as, what the Egyptians believed in), one cannot teach bible verses and why any religion if

better than another (Pearson).

The Tenth and last section of article 11 of the Nevada State constitution is entitled “No

public money to be used for sectarian purposes”. This section goes in hand with the ninth

section; however, it specifically refers to fund allocation. This section means no public money

can go towards religious purposes. The reason for this is because the system at that point would

be favoring one religion over another and that is not acceptable (Pearson).
Education Legislation in the Nevada Constitution 5

Article 11 of the Nevada state constitution is very import to the infrastructure of our

education system here in Nevada. As a future educator it is also important to me. The education

section of our constitution sets out clear guidelines of what is appropriate and expected. This

allows Nevadans educational standards to continue to improve and be regulated which is in the

best interest of protecting the upcoming generation.

Education Legislation in the Nevada Constitution 6

References

Pearson. (n.d.). The Constitution of the state of Nevada. Retrieved March 22, 2019, from
http://wps.prenhall.com/chet_underwood_schoollaw_1/42/10992/2813970.cw/index.html

Underwood, J., and Webb, L. D. (2006). School law for teachers: Concepts and applications.
Upper Saddle River, NJ: Pearson/Merrill Prentice Hall.