Running head: PORTFOLIO #1

Portfolio #1: Nevada Education Clause

Danielle Pertile
EDU210
08/29/2015
Dr. Ce Isbell

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Nevada is in which circuit court of appeals?

Nevada falls under the jurisdiction of the Ninth circuit court of appeals. The Ninth circuit
has jurisdiction over the Western United States. The other states included in the Ninth circuit are
Alaska, Washington, Montana, Oregon, Idaho, California and Arizona (Circuit Map).
Nevada Constitution: Articles of Education
Consideration for education in Nevadas constitution is given under Article 11. There are
10 sections included in Article 11 that describe the provisions the Nevada state constitution has
made for public education. These sections cover matters such as funding, administration
elections, and uniformity of public schools. Each section is described in further detail below.
Section 1
Section 1: Legislature to encourage education; appointment, term and duties of
superintendent of public instruction. (Nevada Const. Art. 11, 1) The first part of this section
states that legislature will be created which encourages education through the state, and very
specifically mentions not only literary, scientific, intellectual and moral educations but mining
and agricultural education as well. These two types of professions have deep ties to Nevadas
history, so it is important that they are mentioned. The second part of the section explains that the
legislature will also provide for a superintendent, and will set up the details of that position
including duties, manner of election and terms.
Section 2
Section 2: Uniform system of common schools. (Nevada Const. Art. 11, 2) This
sections states that the legislature will provide for a common system of public schools that run at

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least six months out of the year. This includes funding appropriately or defunding due to
infraction or neglect. The section also states that laws will be passed to ensure the schools have a
solid and continual attendance by students.
Section 3
Section 3: Pledge of certain property and money, escheated estates and fines collected
under penal laws for educational purposes; apportionment and use of interest. (Nevada Const.
Art. 11, 3) This section regards the assurance that all land either given or willed, including
those lands granted by Congress to the state of Nevada specifically for the purpose of education
cannot be used for any other purpose than education. This provision includes the money and
interest that can be derived from these land sources.
Section 4
Section 4: Establishment of state university; control by board of regents. (Nevada
Const. Art. 11, 4) Section four simply states that legislature will establish a state university for
the state of Nevada. It specifically mentions again the creation of departments for mining,
agriculture and mechanic arts. The legislature will also provide for the creation of a board of
regents to oversee university operations.
Section 5
Section 5: Establishment of normal schools and grades of schools; oath of teachers and
professors. (Nevada Const. Art. 11, 5) This section states that the legislature will establish
schools and universities with differing grades (e.g. First grade, tenth grade, etc.). Section 5 also
mentions that teachers and professors must take the appropriate oath to be able to teach in public

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schools. If a school is found to have teachers or professors who have not completed their oath,
the school can be defunded or otherwise denied money for operations.
Section 6
Section 6: Support of university and common schools by direct legislative appropriation;
priority of appropriations. (Nevada Const. Art. 11, 6) This section is quite long, but mainly
deals with the legislatures authority to appropriate monies for the public schools from the
general fund. During a regular session of the legislature, the school budget is given priority over
other budgetary matters. Budget is to be based on student population estimates for the next year.
If the school budget is not completed during a regular legislative session, it can be done during a
special session.
Section 7
Section 7: Board of Regents: Election and duties. (Nevada Const. Art. 11, 7) Section
7 regard the University, and provides for the election of the Board of Regents. This group of
people oversee the operations and budgetary matters of the University. The legislature has the
authority to conduct elections for Regent positions, and to define the duties of the office.
Section 8
Section 8: Immediate organization and maintenance of state university. (Nevada Const.
Art. 11, 8) This section is somewhat out of date. Section 8 explains that there will be
immediate set-up of a state university (in 1862) that will focus on mining, mechanics, agriculture
and military. This section also provides for lost or misappropriated funds, in that the legislature
will replace the lost money so that the budget stays at the same level.

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Section 9
Section 9: Sectarian instruction prohibited in common schools and university. (Nevada
Const. Art. 11, 9) This section is simple and short. Section 9 prohibits sectarians (bigots and
narrow-minded people) from teaching in any public school, including the University.
Section 10
Section 10: No public money to be used for sectarian purposes. (Nevada Const. Art. 11,
10) Another simple one, section 10 simply prohibits the use of any public funds by any

sectarian organization. The section specifically mentions that no public money from the state,
county or city budgets be used for sectarian purposes.

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REFERENCES
Circuit Map. (n.d.). In United States Courts for the Ninth Circuit. Retrieved August 28, 2015,
from http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000135
Nevada State Constitution, Article 11, Sections 1-10.