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Running Head: Artifact 1 - Governance 1

Artifact 1 - Governance

Cynthia Guzman

College of Southern Nevada


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Artifact 1 - Governance

Nevada is under the Ninth circuit of the United States Court of Appeals. In the Nevada

Constitution Article 11 covers Education. There ten sections in this article.

Section 1: Legislature to encourage education; appointment, term, and duties of

superintendent instruction. This section is intended to encourage and promote intellectual,

literary, scientific, mining, mechanical, agricultural and moral improvements. It will provide a

superintendent of public instruction. It will explain the term of office, duties and manner of

appointment.

Section 2: Uniform system of common schools. This section states that Legislature will

provide equal and uniform schools. Schools established will remain active in each school district

for six months every year. But if a school within the district decides to become sectarian and ann

infraction, it will be deprived from public school funding. The Legislature will also attempt to

establish a general attendance of children for each school in the district.

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 states

that all lands granted by Congress are to be used for educational purposes. All estates and

properties that are given to the state for educational purposes and their proceeds along with the

percentage of the proceeds from the sale of federal lands plus all the fines collected from the

penal laws of the state should be used towards educational purposes. The funds should not be

transferred or used for any other purposes. The interests earned from this must be divided by the

Legislature among the counties. If necessary some of the interest will go to the state university.
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Any portion of the interest that goes unused will be added the pledged sum for educational

purposes.

Section 4: Establishment of State University; Legislature to provide by law for

governance, control and management of State University and protection of academic freedom.

[Effective November 24, 2020, if the provisions of Assembly Joint Resolution No. 5 (2017) are

agreed to and passed by the 2019 Legislature and approved and ratified by the voters at the 2020

General Election.] This section of Article 11 states that Legislature will provide an establishment

for a state university and that state university will create departments for agriculture, mechanic

arts, mining and any other department that is deemed appropriate for the university. Legislature

will provide governance, control, and management for the state university. It will also, in order

to support the policies of Section 1, provide academic freedom for students and employees of the

university and any other public institutions of higher education in the state.

Section 5: Establishment of normal schools and grades of schools; oath of teachers and

professors. The Legislature has the power and will establish schools ranging from elementary to

University. All teachers and university professors will be required to take the oath described in

Article 15. Any educator who fails to follow the laws in accordance to this section will not

receive any portion of the money set aside for school purposes.

Section 6:  Support of university and common schools by direct legislative

appropriation; priority of appropriations. Subsection 1 states that once the legislature is presented

the budgets or the university or public schools they will use the general fund to provide for it.

During a regular session of the Legislature and before any division of funds, a portion will be

made to go to the state budget for the next biennium. Subsection 2 states that Legislature will
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also appropriate the funds twice in order to provide the money for the State’s public schools for

grades kindergarten through twelfth grade. Subsection 3 states that during a special session of the

Legislature that is held between the end of a regular session and the first day of the next ensuing

biennium, they will once or more enact an appropriation of the funds. The do this to conjure up

the money they seem sufficient to combine with local money, collected for this purpose, that will

fund state public schools for the estimated population of those schools for the next biennium.

Subsection 4 states that during another special session of Legislature where they have not

performed the actions of subsection 2 and before any other appropriation is enacted, the

Legislature will appropriate the fund once or more. This money along with the local money

collected for this purpose which they think will be sufficient will fund public schools’ estimated

population from grades K through 12 for that biennium when this special session is held.

Subsection 5 states that any money enacted before subsections 2, 3 or 4 is void.

Section 7: Board of Regents: Election and duties. Repealed. (See File No. 34, Statutes of

Nevada 2017, at page 4584.) [Effective November 24, 2020, if the provisions of Assembly Joint

Resolution No. 5 (2017) are agreed to and passed by the 2019 Legislature and approved and

ratified by the voters at the 2020 General Election.

This section of the Nevada constitution has two Section 8s. The first Section 8:

Immediate organization and maintenance of state university. [Effective through November 23,

2020, and after that date unless the provisions of Assembly Joint Resolution No. 5 (2017) are

agreed to and passed by the 2019 Legislature and approved and ratified by the voters at the 2020

General Election.] This section states that the Board of Regents will take the interests from the

first funds they have control over and will organize and maintain the Mining department of the
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university. They will do this when all the proceeds of the public land donated by the Act of

Congress that was applied into the Agriculture, Mechanic Arts and Military tactics are invested

by the Board of Regents into a separate fund to be appropriated for the benefit of the university

departments. If any of these funds are lost or misappropriated, the state of Nevada will replace it

so the funds never diminish.

The second Section 8:  Use of proceeds from public lands donated by Act of Congress

for benefit of certain departments of State University. [Effective November 24, 2020, if the

provisions of Assembly Joint Resolution No. 5 (2017) are agreed to and passed by the 2019

Legislature and approved and ratified by the voters at the 2020 General Election.] This section

states the same as the first. The proceeds of the public land will be invested into a fund. Any

money from the fund lost or misappropriated the state of Nevada will replace it so the funds

never diminish.

Sections 9 and 10 are pretty short so I’ve decided to combine them in this paragraph.

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

basically states that no instruction from a person’s religion or political group will be given or

tolerated in the classroom. No religion or political group will be enforced on students. Section

10: No public money to be used for sectarian purposes. No money gained from the public, State,

County or Municipal will be used for religious or political groups which one is a part of.
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References

The Constitution of The State of Nevada. (n.d). Retrieved from

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

Definition of “sectarian” - English Dictionary. (n.d). Retrieved from

https://dictionary.cambridge.org/us/dictionary/english/sectarian

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