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1 NEVADA LAW REGARDING EDUCATION

Nevada Law Regarding Education Margaret E. Lewis College of Southern Nevada

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Abstract The purpose of this paper is to examine the many facets of educational law in the state of Nevada, as written by the Nevada state constitution in article eleven. This article details the ten main sections; the encouragement of education, the implementation of a uniform system of schools, the use of public money and lands for education, the creation of a state university, the creation of normal schools, legislative support of schools, the board of regents, the organization and maintenance of the state universities, the barring of sectarian instruction, and the barring of public funds used for sectarian purposes. If a school is found to be in violation of these standards and is taken to court, it will eventually end up in the ninth circuit court of appeals, which contains Nevada as well as many other far western states.

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Nevada Law Regarding Education Section 1: The Encouragement of Education This section was proposed in 1953, and was approved and ratified by the 1956 election. It was intended to promote all aspects of education in Nevada, from intellectual to mechanical. This section also discusses the election and duties of the superintendent. Section 2: Uniform System of Schools The second section of Article Eleven was introduced in 1935, and was ultimately amended in 1938. This section is dedicated to providing a uniform system of schools within each district. It mentions that sectarian instruction will result in the withholding of public funds for these schools, and that general attendance will be secured by legislation. Section 3: Public Money and Lands The next section listed discusses the sources of funds provided to schools in Nevada. Section three was introduced in 1886, and the most recent amendment was approved in 1988. This section ensures that all lands granted by Congress for education, as well as lands transferred back or given to the state for educational purposes will be used for such purposes. It also ensures that funds from these sources as well as fines collected under state penal laws will be used for education. Section 4: State Universities

4 NEVADA LAW REGARDING EDUCATION The fourth section ensures the implementation of at least one state university, the organization and maintenance of which is covered in section eight. This university must incorporate agricultural, mechanical, and mining departments, which must be handled by the Board of Regents. The duties of the Board of Regents are further discussed in section seven. Section 5: Normal Schools The uniform system of schools provided by section two is further detailed in section five. This section establishes that there will be what legislation describes as normal schools for different grade levels, from elementary all the way to university. This section also requires all education professionals to take the oath written in Article 15 of the Nevada state constitution. This oath is written as such: “I, ................, do solemly [solemnly] swear (or affirm) that I will support, protect and defend the constitution and government of the United States, and the constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of ................, on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury.” If any professional required to take this oath is found in noncompliance, he or she will not receive any public money. Section 6: Legislative Support This section was first introduced in 1885, then amended in 1889, 1938, 1954, and 2006. It was created to ensure that the state budget always allows for an appropriate amount of

5 NEVADA LAW REGARDING EDUCATION funds to go towards schools and universities. It specifies that this budget must allow for a sufficient amount of funds for grades K through 12 for the two year period. This two year period begins on July 1st of an odd year and ends two years later on the 30th of June. Section 7: Board of Regents The subject covered by the seventh section is the Board of Regents. According to the constitution, this board of regents is comprised of the Governor, the Secretary of State, and the Superintendent of Public Instruction. These individuals will control policy changes and approve budgets for four years until they are replaced by the next elected Board of Regents. Section 8: University Organization and Maintenance Section eight requires that the university mining department required by previous sections must be immediately organized and maintained by the elected Board of Regents. It stipulates that all funds gathered from public lands will be used for the other departments: agricultural, mechanical, and military. This section also ensures that any lost funds will be replaced. Section 9: Sectarian Instruction To prevent discriminatory or partisan education and to allow students to keep an open mind, sectarian instruction is prohibited by the Nevada state constitution. This keeps schools secular and makes students from all walks of life feel welcome. Section 10: Use of Public Funds The tenth and final section of article 11 follows in the same vein as section nine. It bars the sectarian use of public funds in any capacity, whether state, county, or municipal. This section was proposed in 1877 and added in 1880.

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References Article 11, Nevada Constitution. (2014, March 30). Retrieved March 18, 2018, from https://ballotpedia.org/Article_11,_Nevada_Constitution