1879 California State Constitution: Article IX (including amendments)

Article IX Education

Section 1

A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.

Section 2

A superintendent of public instruction shall, at each gubernatorial election after the adoption of this constitution, be elected by the qualified electors of the state. He shall receive salary equal to that of the secretary of state, and shall enter upon the duties of his office on the first Monday after the first day of January next succeeding his election.

Section 3

A superintendent of schools for each county shall be elected


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by the qualified electors thereof at each gubernatorial election; provided, that the legislature may authorize two or more counties to unite and elect one superintendent for the counties so uniting.

Section 4

The proceeds of all lands that have been or may be granted by the United States to this state for the support of common schools which may be, or may have been, sold or disposed of, and the five hundred thousand acres of land granted to the new states under an act of congress distributing the proceeds of the public lands among the several states of the Union, approved A. D. one thousand eight hundred and forty-one, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent as may be granted, or may have been granted, by congress on the sale of lands in this state, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the legislature may provide, shall be inviolably appropriated to the support of common schools throughout the state.

Section 5

The legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year after the first year in which a school has been established.

Section 6

The public school system shall include primary and grammar schools, and such high schools, evening schools, normal schools and technical schools as may be established by the legislature, or by municipal or district authority; but the entire revenue derived from the state school fund, and the state school tax, shall be applied exclusively to the support of primary and grammar schools.

Section 7

The local boards of education, and the boards of supervisors, and the county superintendents of the several counties which may not have county boards of education, shall adopt a series of text books for the use of the common


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schools within their respective jurisdictions; the text books so adopted shall continue in use for not less than four years; they shall also have control of the examination of teachers and the granting of teachers certificates within their several jurisdictions.

Section 8

No public money shall ever be appropriated for the support of any sectarian or denominational school or any school not under the exclusive control of the officers of the public schools; nor shall any sectarian or denominational doctrine be taught, or instruction thereon be permitted, directly or indirectly, in any of the common schools of this state.

Section 9

The University of California shall constitute a public trust, and its organization and government shall be perpetually continued in the form and character prescribed by the organic act creating the same, passed March twenty-third, eighteen hundred and sixty-eight (and the several acts amendatory thereof), subject only 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 be entirely independent of all political or sectarian influence, and kept free therefrom in the appointment of its regents and in the administration of its affairs; provided, that all the moneys derived from the sale of the public lands donated to this state by act of congress, approved July second, eighteen hundred and sixty-two (and the several acts amendatory thereof), shall be invested as provided by said acts of congress, and the interest of said moneys shall be inviolably appropriated to the endowment, support and maintenance of at least one college of agriculture, where the leading objects shall be (without excluding other scientific and classical studies, and including military tactics) to teach such branches of learning as are related to scientific and practical agriculture and the mechanic arts, in accordance with the requirements and conditions of said acts of congress; and the legislature shall provide that if, through neglect, misappropriation, or any other contingency any


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portion of the funds so set apart shall he diminished or lost the state shall replace such portion so lost or misappropiated so that the principal thereof shall remain forever undiminished. No person shall be debarred admission to any of the collegiate departments of the university on account of sex.

About this text
Courtesy of University Archives, The Bancroft Library, University of California at Berkeley, Berkeley, CA 94720-6000; http://bancroft.berkeley.edu/info
http://content.cdlib.org/view?docId=hb409nb2hr&brand=calisphere
Title: 1879 California State Constitution: Article IX (including amendments)
By:  California (State), Author
Date: 1879
Contributing Institution:  University Archives, The Bancroft Library, University of California at Berkeley, Berkeley, CA 94720-6000; http://bancroft.berkeley.edu/info
Copyright Note:

Material in public domain. No restrictions on use