Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

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Document introduced in:

Session 7389: 1895-04-23 09:00:00

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Article on Education and School Lands [Article No. 17.3]

There are 4 proposed amendments related to this document on which decisions have not been taken.

Section 1. The Legislature shall provide for the establishment and maintenance of a uniform system of public schools which shall be open to all the children of the State and free from sectarian control.

Section 2. The Public School System shall include (1) Kindergarten schools, (2) Common Schools which shall consist of primary and grammar grades, (3) High Schools and agricultural college (4) a University and such other schools as the Legislature may establish. The common schools shall be free. The other departments of the school-system shall be supported as provided by law provided that high schools may be maintained free in all cities of the first and second class now constituting school districts, and in such other cities and districts designated by the Legislature, but where the proportion of school moneys apportioned or accruing to any city or district shall not be sufficient to maintain all the free schools in such city or district, high schools shall be supported by local taxation.

Section 3. The proceeds of all lands that have been or hereafter may be granted by the United States to this State for the support of the common schools; the proceeds of all property that may accrue to the State by escheat or forfeiture; the proceeds of the sale of timber, minerals or other property from school and State lands, other than those granted for specific purposes; and the five-percentum of the net proceeds of the sales of public lands living within the State which shall be sold by the United States subsequent to the admission of this State into the Union, shall be and remain a perpetual fund to be called the “State School Fund”, the interest of which only, together with such other means as the legislature may provide, shall be distributed among the several school districts according to the school population residing therein.

Section 4. After the establishment by existing laws of the University of Utah and the Agricultural College is hereby confirmed and all the rights, immunities, franchises, location and endowments heretofore granted or conferred, are hereby perpetuated unto said University and Agricultural College respectfully.

Section 5. Neither the Legislature nor the State Board of Education shall have power to prescribe textbooks to be used in the common schools.

Section 9. In cities of the first and second class, the public school system shall be maintained and controlled by the board of education of such cities, separate and apart from the counties in which said cities are located.

Section 6. The proceeds of the sale of the lands reserved by an Act of Congress, approved February 31st, 1855, for the establishment of the University of Utah, and of all the lands granted by an act of congress, approved July 16th, 1894, shall constitute permanent funds, to be safely invested and held by the State; and the income thereof shall be used exclusively for the support and maintenance of the different schools or colleges respectively of institutions, in accordance with the requirements and conditions of said Acts of Congress.

Section 7. All public school funds shall be guaranteed by the State against loss or diversion.

Section 8. The general control and supervision of the public school system shall be vested in a State Board of Education consisting of the Superintendent of Public Instruction and such other persons as the Legislature may provide.

Section 9.

Section 10. Institutions for the deaf and dumb and for the blind are hereby established. All property belonging to the school of the Deaf and Dumb, heretofore connected with the University of Utah, shall be transferred to said institution. All the proceeds of the lands granted by the United States for the support of a Deaf and Dumb asylum and for an institution for the blind shall be a perpetual fund for the maintenance of said institution. It shall be deemed a trust fund, the principal of which shall ever remain inviolate, guaranteed by the State against loss or diversion1. No religious or partisan test or qualifications shall ever be required of any person as a condition of admission into any public educational institution of the State, either as teacher or student.

Section 12.

Section 13. The metric system shall be taught in the public schools of this State. Neither the legislature nor any county, city, town, school district, nor other public corporations shall ever make any appropriation to aid in the support of any school, seminary, academy, college, university or other institution, controlled in whole or in part by any church, sect or denomination whatever.

Decisions yet to be taken

  • Article No. 17.3: Section 3: First Amendment (introduced on 1895-04-23 09:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e695218)
  • Motion to Drop: Article No. 17: Section 4: First Amendment (introduced on 1895-04-23 09:00:00 - PROCEDURE - e695226)
  • Point of Order: Point of Order: Article No. 17.3: Section 4: Third Amendment (introduced on 1895-04-23 09:00:00 - PROCEDURE - e695247)
  • Appeal Ruling (introduced on 1895-04-23 09:00:00 - PROCEDURE - e695248)

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