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Nevada is in the ninth Circuit Court of Appeals, which is a U.S. Federal Court with
appellate jurisdiction. In the Nevada State Constitution, Article 11 focuses on the requirements
and regulations on Education and includes ten following sections that specify these regulations.
Article 11 section 1 of the Nevada Constitution stated, “Legislature to Encourage
Education; Appointment, Term and Duties of Superintendent of Public Instruction” (Nev. Const.
art. XI, §1). This section enforces a higher standard for education with the intent that it shall best
fit the needs of the people of the State of Nevada. Article 11 Section 1 has required the Nevada
legislature to “provide for a superintendent of public instruction and by law prescribe the manner
of appointment, term of office and the duties thereof” (Nev. Const. Art. XI §1). Thus insuring
proper organization and functionality for the governance of education in the state of Nevada.
Article 11 section 2 declared, “the legislature shall provide for a uniform system of
common schools,” thus enforcing the control and cooperation to ensure all public schools to
meet the state of Nevada’s standards towards education (Nev. Const. art. XI, §2). Article 11
section 2 also affirmed the legislature’s ability to “deprive interest of public school funds” in the
case of a violation, in which a school district is found allowing the “instruction of a sectarian
character” (Nev. Const. art. XI, §2). This allows the legislation to enforce expectations and
requirements of common schools, failure to comply can result in the loss of public school funds
and therefore reinforces the cooperation and uniform standards within the school districts.
Article 11 section 3 affirmed, “Pledge of Certain Property and Money, Escheated Estates
and Fines Collected under Penal Laws for Educational Purposes; Apportionment and Use of
Interest” (Nev. Const. art. XI, §3). This section declares that all lands and property “granted by
Congress to this state for educational purposes … are hereby pledged for educational purposes
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and the money therefrom must not be transferred to other funds for other uses” (Nev. Const. art.
XI, §3). This section requires a pledge of public lands used for educational purposes and the
money made from such properties “given or bequeathed” to be used only for educational
purposes and cannot be used for other purposes or funds (Nev. Const. art. XI, §3).
Article 11 section 4 called for the, “Establishment of State University; Control by Board
of Regents” (Nev. Const. art. XI, §4). This requires the legislation to form a state university, one
that is to “embrace departments for Agriculture, Mechanic Arts, and Mining”. This section is put
forth in order to uphold the state of Nevada’s standard for higher education. Article 11 section 4
requires that the state university be under operation and jurisdiction by the Board of Regents
“whose duties shall be prescribed by Law” (Nev. Const. art. XI, §4).
Article 11 section 5 proclaimed, “Establishment of Normal Schools and Grades of
Schools; Oath of Teachers and Professors” (Nev. Const. art. XI, §5). This section grants the
legislature power of instituting the various grade levels and requirements of each, from primary
to University. This article requires teachers and professors alike from any and all of these grade
levels “to take and subscribe to the oath as prescribed in Article Fifteenth of this Constitution”
(Nev. Const. art. XI, §5). Thus it maintains a level of expectation among staff and legislation for
Article 11 section 6 declared the “support of University and Common Schools by Direct
Legislative Appropriation; Priority of Appropriations” (Nev. Const. art. XI, §6). This section
requires the legislation to supply the “support and maintenance” of university and common
schools through “direct legislative appropriation from the general fund” (Nev. Const. art. XI,
§6). With in this section’s subsections, Article 11 section 6 describes the requirements of the
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legislation in regards to the appropriations “to fund education for the next ensuing biennium”
(Nev. Const. art. XI, §6). This section lists out the restrictions and the requirements the
legislation is expected to uphold in regards to the distributions from the general fund specifically
for education.
Article 11 section 7 stated the “Board of Regents: Election and duties” requires that the
Governor, Secretary of State, and Superintendent of Public Instruction during their terms of
service establish 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” (Nev. Const. art. XI, §7).
This section not only requires the Governor, Secretary of State, and Superintendent of Public
Instruction to establish and preside over the Board of Regents but to “provide for the election of
a new Board of Regents and define their duties” as well (Nev. Const. art. XI, §7).
Article 11 section 8 affirmed the “Immediate Organization and Maintenance of State
University” requires that the Board of Regents, “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” (Nev. Const. art. XI, §8). This section
allocates the use of funds to support certain departments within the university “for the benefit of
Agriculture[,] the Mechanics Arts, and including Military tactics” (Nev. Const. art. XI, §8). This
section establishes an importance and order of certain departments that the Board of Regents is
Article 11 section 9 declared, “Sectarian Instruction Prohibited in Common Schools and
University”, this section insists that under the Nevada Constitution may any sectarian instruction
be allowed or condoned in common schools or university (Nev. Const. art. XI, §9). This section
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protects common schools and university from the possibility of sectarian instruction in order to
maintain a uniform system of education. This allows the Legislature and Board of Regents better
Article 11 section 10 proclaimed “No Public Money to Be Used for Sectarian Purposes”,
in order to resist the formation or condoning of sectarian instruction (Nev. Const. art. XI, §10).
By restricting funds for any sectarian purpose, whether “State, County or Municipal” funds,
section 10 reinforces previous sections 2 and 9 in order to once again reinforce a uniform system
of education (Nev. Const. art. XI, §10). In doing so legislation has uniform control and
cooperation over common schools and universities, ensuring these institutions be secular.
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Reference
Article 11, Nevada Constitution. (n.d.). Retrieved September 01, 2017, from
https://ballotpedia.org/Article_11,_Nevada_Constitution
http://wps.prenhall.com/chet_underwood_schoollaw_1/42/10992/2813970.cw/index.html