Constitution of Iowa — Article IX

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Article IX

EDUCATION AND SCHOOL LANDS. 1ST. EDUCATION.** **See this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code chapters 256 and 262 Section 1. Board of education. The educational interest of the state, including common schools and other educational institutions, shall be under the management of a board of education, which shall consist of the lieutenant governor, who shall be the presiding officer of the board, and have the casting vote in case of a tie, and one member to be elected from each judicial district in the state.* *This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code chapters 256 and 262 Sec. 2. Eligibility. No person shall be eligible as a member of said board who shall not have attained the age of twenty five years, and shall have been one year a citizen of the state.* *This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code chapters 256 and 262 Sec. 3. Election of members. One member of said board shall be chosen by the qualified electors of each district, and shall hold the office for the term of four years, and until his successor is elected and qualified. After the first election under this Constitution, the board shall be divided, as nearly as practicable, into two equal classes, and the seats of the first class shall be vacated after the expiration of two years; and one half of the board shall be chosen every two years thereafter.* *This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code chapters 256 and 262 Sec. 4. First session. The first session of the board of education shall be held at the seat of government, on the first Monday of December, after their election; after which the general assembly may fix the time and place of meeting.* *This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code chapters 256 and 262 Sec. 5. Limitation of sessions. The session of the board shall be limited to twenty days, and but one session shall be held in any one year, except upon extraordinary occasions, when, upon the recommendation of two thirds of the board, the governor may order a special session.* *This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code chapters 256 and 262 Sec. 6. Secretary. The board of education shall appoint a secretary, who shall be the executive officer of the board, and perform such duties as may be imposed upon him by the

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xxiii CONSTITUTION OF THE STATE OF IOWA (CODIFIED), ART. IX, §14 board, and the laws of the state. They shall keep a journal of their proceedings, which shall be published and distributed in the same manner as the journals of the general assembly.* *This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code chapters 256 and 262 Sec. 7. Rules and regulations. All rules and regulations made by the board shall be published and distributed to the several counties, townships, and school districts, as may be provided for by the board, and when so made, published and distributed, they shall have the force and effect of law.* *This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code chapters 256 and 262 Sec. 8. Power to legislate. The board of education shall have full power and authority to legislate and make all needful rules and regulations in relation to common schools, and other educational institutions, that are instituted, to receive aid from the school or university fund of this state;* but all acts, rules, and regulations of said board may be altered, amended or repealed by the general assembly; and when so altered, amended, or repealed they shall not be re-enacted by the board of education.** *In the original text, a colon was used, see original Constitution, Art. IX, 1st Education and School boards, §8 **This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code chapters 256 and 262 Sec. 9. Governor ex officio a member. The governor of the state shall be, ex officio, a member of said board.* *This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code chapters 256 and 262 Sec. 10. Expenses. The board shall have no power to levy taxes, or make appropriations of money. Their contingent expenses shall be provided for by the general assembly.* *This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code chapters 256 and 262 Sec. 11. State university. The state university shall be established at one place without branches at any other place, and the university fund shall be applied to that institution and no other.* *This provision may have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15. See also this codified Iowa Constitution, Art. IX, 2nd School Fund and School Lands, §2 and 5, and Art. XI, §8 See also Laws of the Board of Education, Act 10, December 25, 1858, which provides for the management of the state university by a board of trustees appointed by the board of education and statutory provisions in Iowa Code chapters 256 and 262 Sec. 12. Common schools. The board of education shall provide for the education of all the youths of the state, through a system of common schools and such school shall be organized and kept in each school district at least three months in each year. Any district failing, for two consecutive years, to organize and keep up a school as aforesaid may be deprived of their portion of the school fund.* *This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code Title VII, subtitles 1 and 6 Sec. 13. Compensation. The members of the board of education shall each receive the same per diem during the time of their session, and mileage going to and returning therefrom, as members of the general assembly.* *This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code chapters 256 and 262 Sec. 14. Quorum — style of acts. A majority of the board shall constitute a quorum for the transaction of business; but no rule, regulation, or law, for the government of common

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ART. IX, §14, CONSTITUTION OF THE STATE OF IOWA (CODIFIED) xxiv schools or other educational institutions, shall pass without the concurrence of a majority of all the members of the board, which shall be expressed by the yeas and nays on the final passage. The style of all acts of the board shall be, “Be it enacted by the board of education of the state of Iowa”.* *This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code chapters 256 and 262 Sec. 15. Board may be abolished. The general assembly shall have power to abolish or reorganize said board of education, and provide for the educational interest of the state in any other manner that to them shall seem best and proper.* *The board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code Title VII 2ND. SCHOOL FUNDS AND SCHOOL LANDS. Section 1. Control — management. The educational and school funds and lands shall be under the control and management of the general assembly of this state. Sec. 2. Permanent fund. The university lands, and the proceeds thereof, and all monies belonging to said fund shall be a permanent fund for the sole use of the state university. The interest arising from the same shall be annually appropriated for the support and benefit of said university. Sec. 3. Perpetual support fund. The general assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this state, for the support of schools, which may have been, or shall hereafter be 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 in the year of our Lord 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 has been or may hereafter be 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 rents of the unsold lands, and such other means as the general assembly may provide, shall be inviolably appropriated to the support of common schools throughout the state. *In the original text, “forty-one” did not contain a hyphen Referred to in Iowa Code §16.4A Sec. 4. Fines — how appropriated. Repealed by Amendment 35 (1974). Sec. 5. Proceeds of lands. The general assembly shall take measures for the protection, improvement, or other disposition of such lands as have been, or may hereafter be reserved, or granted by the United States, or any person or persons, to this state, for the use of the university, and the funds accruing from the rents or sale of such lands, or from any other source for the purpose aforesaid, shall be, and remain, a permanent fund, the interest of which shall be applied to the support of said university, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the general assembly as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university. Sec. 6. Agents of school funds. The financial agents of the school funds shall be the same, that by law, receive and control the state and county revenue for other civil purposes, under such regulations as may be provided by law. Sec. 7. Distribution. Repealed by Amendment 39 (1984).

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xxv CONSTITUTION OF THE STATE OF IOWA (CODIFIED), ART. XI, §2