ARTICLE.

EDUCATION.

Section 1. It is the paramount duty of the State to make ample provision for the education of all children residing in the State, irrespective of race, sex, color or religion.

Section 2. The Legislature shall provide for the establishment and maintenance of a thorough and uniform system of free public schools except as hereinafter provided. The public school system shall include (1) such kindergarten schools as may be established by law; (2) common schools which shall consist of primary and grammar grades in which all children of the State between the ages of six and twenty one years may be instructed; (3) such high schools as may be established by the Legislature, or by cities, one or more districts, or one or more counties, as provided by law; and (4) a university.

Section 3. One or more common schools shall be maintained in each school district in the State at least five months in the year; and school district failing to maintain such school for said time shall not be entitled to receive any portion of the school fund for that year.

Section 4. 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 granted to the State, not otherwise appropriated by the terms of the grant; 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 schools and State lands, other than those granted for specific purposes; and the five per centum of the net proceeds of the sales of public lands lying 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 inviolable appropriated to the support of the common schools throughout the State and shall be distributed in such manner as may be provided by law.

Section 5. The Legislature shall provide by taxation sufficient means, in addition to the amount received from the State School Fund, to maintain a common school in each organized district in the State for at least five months in each year.

Section 6. The establishment by existing laws of the University of Utah is hereby confirmed and said institution is hereby declared to be the University of the State of Utah; and all the rights, immunities, franchises and endowments heretofore granted or conferred, are hereby perpetuated unto the said University.

Section 7. The University of Utah shall constitute a public trust, subject to such legislative control as may be necessary to insure compliance with the terms of its endowments and the proper investment and security of its funds It shall comprise all departments or institutions of higher learning in the public school system, including the school of Mines, the Agricultural College and the State Normal School, which may include a kindergarten training school and such literary, scientific, technical and professional schools or colleges as may, from time to time, be established; and shall be located at one place, without branches or departments at any other place; PROVIDED, that agricultural experiment stations may be established at such places as provided by law.

Section 8. The proceeds of the sale of the lands reserved by an Act of Congress, approved February 21st, 1855, for the establishment of the University of Utah, and of all the lands granted by Act of Congress, approved July 16th, 1894, to the University and the departments thereof, as specified in section seven of this article, shall constitute a permanent University fund, 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 departments or colleges respectively of said University, in accordance with the requirements and conditions of said Acts of Congress.

Section 9. All lands granted to this State for educational purposes, by Act of Congress, approved July 16th, 1894, shall be selected and located in such manner as the Legislature may provide, with the approval of the Secretary of the Interion, in accordance with the provisions of said Act; and the governor shall perform the duties authorized by Act of Congress, approved August 18th, 1894, with respect to the survey and selection of said lands.

Section 10. The Legislature shall provide by law at its first session that all persons who located and settled upon lands reserved as school lands and their grantees shall be protected in their occupation, cultivation and improvement of such lands, by having given to them priority in the purchase, provided the price of such lands shall not be increased by the value of any improvements made upon them, but shall be sold to the settlers at a fair appraisement of such lands.

Section 11. All funds of the common schools and of the State University, including the several departments and colleges thereof, from whatever source accruing, shall forever remain inviolate and sacred to the purpose of which they were dedicated. The funds shall be respectively invested under such regulations as may be prescribed by law, and shall be guaranteed by the State against loss or diversion.

Section 12. All funds belonging to the State for educational purposes shall be invested, so far as possible in public securities within the State, including school district bonds, issued for the erection of school buildings, under the restrictions provided by law. The various funds shall be respectively invested under such regulations as may be prescribed by law, and shall be guaranteed by the State against loss or diversion.

Section 13. The general control and supervision of the public schools shall be vested in a State Board of Education, consisting of the Governor, the State Superintendent of Public Instruction and the President of the University of Utah, whose powers and duties shall be prescribed by law.

Section 14. The Board of Regents of the University shall consist of eleven members, the State Superintendent of Public Instruction and the President of the University being members ex-officio. The other nine members of said Board (not more than five of whom shall belong to the same political party) shall be appointed by the governor and with the advice and consent of the senate. Their term of office shall be six years and until their successors are appointed and qualified.

Section 15. The Regents shall have the general supervision of the University, and the direction and control of all the funds of the University and of appropriations thereto, under such regulations as may be prescribed by law. They may collect such fees and tuition as they deem necessary. They shall receive no compensation, but may be reimbursed for their actual expenses incurred in the discharge of their duties.

Section 16. There shall be a County Superintendent of schools in each county, elected by the qualified voters thereof, whose term of office shall be two years, and whose qualifications, duties and compensation shall be prescribed by law.

Section 17. The State Board of Land Commissioners shall consist of three members, who shall have the direction, control and disposition of the public lands of the State, under such regulations as may be prescribed by law. They shall be elected at large by the qualified electros of the State; and except for the first term as herein provided, they shall hold office for six years. At the first election under this constitution, one of the said Commissioners shall be elected for two years, one for four years and the other for six years.

Section 18. Of the lands located and selected to satisfy the grants made to the State, it shall be the duty of said Board to make allotments to each of the several uses for which the same were granted so that each may receive its fair proportion thereof both as to quantity and value.

Section 19. An institution for the deaf, dumb and blind shall be established by law. All property belonging to the school for the deaf and dumb, heretofore connected with the University of Utah, shall be transferred to said institution. The control and management of said institution shall be vested in such Board of trustees as the legislature may provide, whose duties and powers shall be prescribed by law.

Section 20. 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, secured by the State against loss or diversion.

Section 21. The Superintendent of Public Instruction shall call a convention of the State Board of Education, the county superintendents of schools and the superintendents of schools in cities of the first and second class, to be held at the seat of government during the summer vacation of 1897, and every five years thereafter, for the purpose of adopting a uniform series of text books for use in the common schools throughout the State. The text-books adopted by said convention shall continue in use for a period of five years.

Section 22. All schools maintained or supported in whole or in part by the public funds shall ever be free from sectarian control or influence, but the Bible may be read without comment.

Section 23. No religious or partisan test or qualification 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 24. Neither the Legislature nor any county, city, town, school district, nor other public corporation 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.

• Article on Education & School Lands [Article No. 3.1] (introduced on 1895-03-19 10:00:00 - CREATE - e697381) [This document] [view current proposal at this moment]
  • None (introduced on 1895-03-19 10:00:00 - REPORT_PROPOSAL - e697382) [view current proposal at this moment]