Utah State Constitutional Convention 1895 (2020 Edition)

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

Committee on Education and School Lands

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Session 7473: 1895-04-10 10:00:00

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Article on Education and School Lands [Article No. 17]

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Education

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 (4) a University. The common and high schools shall be free. The other departments of the school-system shall be supported as provided by law.

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 number of persons residing therein between the ages of six and twenty-one.

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

Section 5. The University of Utah shall comprise all departments and institutions of higher learning in the public school system, including the School of Mines, the Agricultural College, the State Normal School, and such other departments and institutions as may be established by law and shall be located at _______________

PROVIDED, That the Agricultural Experiments stations may be established at other places.

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, to the University and the departments thereof, as specified in section five 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 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, the President of the University, one person selected by the Superintendents of Schools of cities of the first and second class and three persons by the County Superintendents of Common Schools.

Section 9. Neither the Legislature nor the State Board of Education shall have power to prescribe textbooks to be used in the common schools.

Section 10. An institution for the Deaf, Dumb and Blind shall be established by law. 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, secured by the State against loss or diversion.

Section 11. 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. 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.

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