ANALYSIS OF THE NEVADA CONSTITUTION 1

An Analysis of the Nevada Constitution as it Pertains to Education

Bella Sanabria

College of Southern Nevada

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Abstract

I examined the Nevada constitution as it relates to education. In this paper I will identify which

articles pertain to education and the number of articles that pertain to education.

Keywords: Education, Nevada, Constitution

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An Analysis of the Nevada Constitution as it Pertains to Education

The Nevada Constitution was approved in September of 1864 and on October 31st 1864

Nevada officially joined the union becoming a state. Nevada belongs to the ninth circuit of

appeals. With statehood came certain rights delegated to the states. In article II there are 10

sections which layout the system and procedures for schools in Nevada. I will seek to exam each

of these articles.

Section 1

Section I of Article II states that Legislature to encourage education; appointment, term

and duties of superintendent of public instruction. It then goes on to add 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. This was amended in 1956. This section deals with appointing of a superintendent and

states that by suitable means they exercise the power to improve conditions of various aspects

stated above. (Underwood J. Ch-1)

Section 2

Section II deals with a uniform system of common schools. It states that school systems

should be uniform and that schools will be established in each school district and that school

must be maintained for six months out of the year. It then goes on to elaborate that schools that

will allow instructions of a sectarian nature may not receive public their portion of the public

school fund. It states that the legislature maintains the power to pass laws which will help secure
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general attendance in school districts who fail to comply with providing a non-sectarian method

of instruction. (Underwood J. Ch-1)

Section 3

This section delves into land that is sectioned for educational purposes. Land is granted

by Congress to this state without restriction or for educational purposes It also includes that all

fines collected through penal laws by the state are used for educational purposes and the money

must not be used for other purposes. Additionally, it clarifies that the interest earned from those

sources will be divided by the legislature among several counties. Finally, any left over money

may be used for the support of the state university and if there is still remaining money it must be

added to the principal sum pledged for educational purposes (Underwood J. Ch-1)

Section 4

Section four deals with the establishment of a university and a board of regents. It states

that the legislature will provide for the establishment of a university. The university will then be

required to contain departments of Agriculture, Mechanic Arts, and Mining. The board of regents

will be in control and responsible for the university and their duties will be given to them by the

law. (Underwood J. Ch-1)

Section 6
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Section six is stated to deal with Support of university and common schools by direct

legislative appropriation; priority of appropriation This section discusses how in addition to

funds that universities and common schools receive the legislature will also provide for their

direct support and maintenance. Secondly, it states that during a regular session the legislature

must enact one or more appropriations to fund the operation of public schools. This must be done

before the legislature moves on to appropriations for the funding of other state needs. Section six

then goes on to state how the legislature should proceed during a special sessions and that any

appropriated money that is enacted within violation of these procedures is void. Lastly section

six defines the term biennium to mean 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. (Underwood

J. Ch-1)

Section 7

Section seven pertains to the board of regents, elections, and duties. It states the

governor, secretary of state, and superintendent of public instruction for the first four years will

serve as the board of regents and control and manage the affairs and funds of the university. They

will serve in this position until their successors are elected and qualified. The legislature will

provide for the election of a new board of regents this is after the previous term has expired and

during a regular session. (Underwood J. Ch-1)

Section 8

Section eight deals with the immediate organization of state university Section eight

states that the board of regents is responsible for organizing and maintaining the mining
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department in a manner that allows it to be effective and useful. The colleges agriculture,

Mechanics Arts, and Military tactics will be invested by the board in a separate fund. This fund

will be appropriated exclusively for the benefit of the first named departments to the university

This was stated in section four. If any part of the fund is lost or misappropriated Nevada shall

replace the amount lost in order to maintain the principle of the fund and prevent it from

diminishing. (Underwood J. Ch-1)

Section 9

Section nine pertains to the legality of sectarian instruction in Nevada. Section 9 states

that sectarian instruction is prohibited in common schools and universities. It then goes on to

elaborate that any sectarian instruction will not be tolerated in and school or university that is

established under the Nevada constitution. (Underwood J. Ch-1)

Section 10

Section ten of the Nevada constitution deals with the use of public money for sectarian

purposes. Section ten states that No funds of any kind or character whatever, state, county or

municipal shall be used for sectarian purpose. In short it states that roughly under no

circumstances may public money, which are funds given to schools by the state, may be used for

sectarian purposes. This section was added in 1180 and passed by the legislature in 1877. It was

finally approved and ratified by the people in the 1880 general election. (Underwood J. Ch-1)
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References

Underwood, J., & Webb, D. L. (n.d.). Legal Framework for the Public Schools. Retrieved
September 1, 2016, from
http://wps.prenhall.com/chet_underwood_schoollaw_1/42/10992/2813970.cw/index.html