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Home , Right to education, School district

2016

DIG IN. 50-STATE Discover how states approach priority REVIEW issues.

Constitutional obligations for public education EMILY PARKER

Within the constitution of each of education provisions vary from the 50 states, there is state to state, with some states Language in a state’s that mandates the creation of specifically laying out the constitution can have foundation of their education consequences for how education is financed. SPECIFIC FUNDING LEVELS system while others leave the IN CONSTITUTIONS CAN In recent years, QUICKLY BECOME OUTDATED. details to the legislature. education provisions SPENDS have been the basis Because some state constitutions MORE THAN 50 TIMES for school finance ITS CONSTITUTIONALLY date back centuries, constitutions MANDATED PER-PUPIL court cases. FUNDING AMOUNT AND can contain outdated language, DELAWARE SPENDS NEARLY which can decrease the relevance 20,000 TIMES ITS MANDATE. of the constitution to current-day policy issues. State constitutions Of the 50 state a public education system. The constitutions, nine vary on whether they include authority for public education states require language about public school public education falls to states because of a 1973 funding, religious restrictions, for with Supreme Court case which the education of disabled disabilities, 37 include determined that the federal students, the age of students, language regarding government has no responsibility religious restrictions the duration of the school year to provide systems of public and 30 speak to the and the establishment of state establishment of education. These constitutional systems. higher education.

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AUTHORITY FOR PUBLIC EDUCATION

SAN ANTONIO INDEPENDENT SCHOOL V. RODRIGUEZ

In 1973, the Supreme Court of the United States ruled in San Antonio Independent School District v. Rodriguez that there is no fundamental right to education in the Constitution of the United States.1 Because of this, the burden for providing a system of public education falls to the states. While the Supreme Court cleared up any confusion whether the responsibility for public education falls under the purview of the federal or state government, it opened the door for many more questions about education provisions in each state’s individual constitutions. The language used in state constitutions can have sweeping consequences for the policy and laws that policymakers create.

WASHINGTON, D.C.

Because , D.C., is not a state, it uses the United States Constitution as its constitution. However, there is no mention of public education in the United States Constitution. The District of Columbia Home Rule Act most closely resembles a constitution, but there also is no mention of public education in the act. Therefore, unlike all 50 of the states, there is no constitutional foundation for public education in Washington, D.C.

CONSTITUTIONAL LANGUAGE MATTERS States differ in the constitutional foundation of their public education systems. The specific wording used to describe the public school system has consequences for how schools are funded in each state. In recent years, the constitutional language mandating the creation of public schools has been the basis for school finance court cases in some states.

CAMPBELL SCHOOL DISTRICT V. STATE (1995 AND 2001)

The Wyoming state constitution requires a “complete and uniform system of public instruction” throughout the state; however, through a series of court cases, the Wyoming Supreme Court ruled that throughout the state were not meeting this mandate. In a 1995 case known as Campbell I, the Supreme Court ruled the funding system unconstitutional on equity and adequacy grounds. The court directed the legislature to determine the cost of a quality education and fund districts at that level.2

In a 2001 follow-up suit known as Campbell II, the Wyoming Supreme Court held that, “while great effort has been made by many and some improvement has been achieved, the constitutional mandate for a fair, complete, and equal education ‘appropriate for the times’ in Wyoming has not been fully met.”3 The court ruled that the methodology of the school funding legislation adopted in response to Campbell I was acceptable but that the legislation must be modified in several respects, especially in the area of capital funding, in order to provide a constitutionally adequate education.

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LOBATO V. STATE OF COLORADO

Plaintiffs inLobato v. State of Colorado (2013) argued that K-12 schools in the state are chronically underfunded by $3 billion. The basis for the lawsuit is the language in Colorado’s state constitution. The constitution calls for “a thorough and uniform system of free public schools throughout the state.” At the time of the case, K-12 education in Colorado received 46 percent of the state’s budget, for a total of $3.2 billion. A favorable ruling for Lobato would have required the state of Colorado to nearly double its K-12 funding, devoting 89 percent of the state’s $6.97 billion budget to K-12 funding, or raise taxes significantly.4 In 2013, the Colorado Supreme Court overturned a district court decision and ruled that school funding in Colorado is, in fact, “thorough and uniform.”5

In contrast to the earlier Campbell cases, which resulted in more resources going to the public education system in the state, the state Supreme Court ruled in Lobato that the resources were adequate to ensure the education provision in the constitution was being met.

KEEPING UP WITH THE TIMES Constitutions are living documents, designed to be relevant both at the time of writing and centuries in the future. Some constitutions have been re-written and revised, while others still consist of the original wording from the state’s founding. The newest active state constitution is the Constitution of the State of , which went into effect in July 1, 1983; the oldest state constitution is the Constitution of the Commonwealth of Massachusetts, which went into effect on Oct. 25, 1780. In fact, the Constitution of the Commonwealth of Massachusetts is the oldest functioning written constitution in continuous effect in the world.6 The following examples highlight specific state constitutions and show how outdated language can render education provisions meaningless.

ALABAMA

Some states have language in their constitution that can be obsolete. For example, ’s constitution, which went into effect in 1901, contains outdated language on segregated schools:

“SEPARATE SCHOOLS SHALL BE PROVIDED FOR WHITE AND COLORED CHILDREN, AND NO OF EITHER RACE SHALL BE PERMITTED TO ATTEND A SCHOOL OF THE OTHER RACE.”

Federal law trumps state law, and when the Supreme Court of the United States issued its decision in Brown v. Board of Education in 1954, it ended legal racial segregation in schools. In 2004 and 2012, ballot measures were put before the electorate to remove the segregationist language from the Alabama constitution, but the measures were struck down both times.7

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MONTANA

More modern constitutions have the option of including language consistent with the changing times. For example, Montana’s constitution, which went into effect in 1973, includes language about the protection of Native American :

“THE STATE RECOGNIZES THE DISTINCT AND UNIQUE CULTURAL HERITAGE OF THE AMERICAN INDIANS AND IS COMMITTED IN ITS EDUCATIONAL GOALS TO THE PRESERVATION OF THEIR CULTURAL INTEGRITY.”

When Montana’s original constitution went into effect in 1889 when the state was admitted to the union, this sentiment was not included.8

FUNDING LEVELS IN THE CONSTITUTIONS

California’s constitution, which was enacted in 1880, calls for a specific per-pupil funding amount of at least $180 to be allocated to the districts. In fact, California spends upwards of $9,000 per pupil in the public school system.9 Similarly, Delaware’s constitution requires that the General Assembly shall designate at least $100,000 for free, public schools in the state. In fiscal year 2012, Delaware invested nearly $2 billion in its public K-12 education system.10 Since state constitutions can be difficult to change, specific funding levels can quickly become outdated.

50-STATE REVIEW: CONSTITUTIONAL LANGUAGE REGARDING PUBLIC EDUCATION The following table is a 50-state overview of the constitutional foundation for public education in each state. It includes the location of the foundational language, which is hyperlinked to that section in the constitution. Additionally, the table looks at whether the constitution includes language on the following topics: 99PUBLIC SCHOOL FUNDING. 99RELIGIOUS RESTRICTIONS. 99THE EDUCATION OF DISABLED STUDENTS. 99THE AGE OF STUDENTS. 99THE DURATION OF THE SCHOOL YEAR. 99THE ESTABLISHMENT OF STATE HIGHER EDUCATION SYSTEMS.

If a section on the table is blank, the constitution does not address that particular topic.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 256: A liberal Section 256: The public Section 263: No money Section system of public schools school fund shall be apportioned raised for the support of 256: 7-21 throughout the state. to the several in the public schools shall be proportion to the number appropriated to or used for ALABAMA Section 256 of school children of school the support of any sectarian age therein, and shall be so or denominational school. apportioned to the schools in the districts or in the counties. Section 1: A system of Section 1: Schools and Section 2: The public schools open to all institutions so established of children of the State. shall be free from sectarian is hereby established control. No money shall be as the state university Article 7 ALASKA paid from public funds for and constituted a body the direct benefit of any corporate. religious or other private . Section 1: A general Section 9: The amount of Section 7: No sectarian Section 1: Section Section Section 1: and uniform public school this apportionment shall become instruction shall be The legislature 6: 6-21 6: At least 6 , which shall system, which system shall a part of the county school imparted in any school or shall also enact months include an agricultural include: fund, and the legislature shall state educational institution such laws as shall college, a school of 1. schools; enact such laws as will provide that may be established provide for the mines, and such other ARIZONA Article XI 2. common schools; for increasing the county fund under this Constitution. education and care technical schools as may 3. high schools; sufficiently to maintain all the of pupils who are be essential, until such 4. normal schools; public schools of the county. hearing and vision time as it may be deemed 5. industrial schools; impaired. advisable to establish 6. Universities. separate state institutions of such character. Section 1: A general, Section 3: The General Section Amendment suitable and efficient Assembly shall provide for the 1: 6-21 52, Section 1: system of free public support of common schools by The General Assembly schools; shall adopt all general law. In order to provide may by law provide for ARKANSAS Article XIV suitable means to secure to quality education, it is the goal of the establishment of the people the advantages this state to provide a fair system districts for the purpose and opportunities of for the distribution of funds. of providing community education. college instruction and technical training.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 5: A system of Section 6: The Legislature Section 8: No public Section Section 14: The common schools. shall add to the State School money shall ever be 5: At least 6 Legislature shall have Fund such other means from appropriated for the months power, by general the revenues of the State as support of any sectarian law, to provide for shall provide in said fund for or denominational school, the incorporation and apportionment in each fiscal or any school not under organization of school year, an amount not less than the exclusive control of districts, high school one hundred eighty dollars the officers of the public districts, and community ($180) per pupil in average daily schools; nor shall any college districts, of every attendance in the kindergarten sectarian or denominational kind and class, and may schools, elementary schools, doctrine be taught, or classify such districts. CALIFORNIA Article 9 secondary schools and technical instruction thereon be schools. permitted, directly or Section 9: The indirectly, in any of the University of California common schools of this shall constitute a State. public trust, to be administered by the existing corporation known as “The Regents of the University of California,” with full powers of organization and government.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 2: A thorough Section 3: The public school Section 7: Neither Section Section Article VIII, and uniform system of free fund of the state ... only shall be the general assembly, nor 2: 6-21 2: At least 3 Section 5: The public schools throughout expended in the maintenance any county, , , months following educational the state. of the schools of the state, and , school district or institutions are declared shall be distributed amongst other public corporation, to be state institutions the several counties and school shall ever make any of higher education: The districts of the state, in such appropriation, or pay from university at Boulder, manner as may be prescribed any public fund or moneys Colorado Springs, and by law. whatever, anything in aid Denver; the university at COLORADO Article IX of any church or sectarian Fort Collins; the school society, or for any sectarian of mines at Golden; and purpose, or to help support such other institutions of or sustain any school, higher education as now academy, seminary, college, exist or may hereafter be university or other literary established by law if they or scientific institution, are designated by law as controlled by any church state institutions. or sectarian denomination whatsoever. Section 1: Free public Section 4: The fund ... Section 2: The state elementary and secondary shall remain a perpetual fund, shall maintain a system schools in the state. the interest of which shall be of higher education, inviolably appropriated to the including The University Article XIII CONNECTICUT support and encouragement of of Connecticut, which the public schools throughout shall be dedicated to the state, and for the equal excellence in higher benefit of all the people thereof. education.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 1: A general Section 2: In addition to the Section 3: No portion Section 1: and efficient system of income of the investments of the of any fund now existing, Every child, not free public schools, and Public School Fund, the General or which may hereafter physically or may require by law that Assembly shall make provision be appropriated, or raised mentally disabled, every child, not physically for the annual payment of not by tax, for educational shall attend the or mentally disabled, shall less than one hundred thousand purposes, shall be public school. Article X DELAWARE attend the public school, dollars for the benefit of the free appropriated to, or used by, unless educated by other public schools which, with the or in aid of any sectarian, means. income of the investments of church or denominational the Public School Fund, shall be school. equitably apportioned among the school districts of the State. Section 1: A uniform, Section 6: The income Section 3: No revenue Section 7: There efficient, safe, secure and derived from the state school of the state or any political shall be a single state high-quality system of free fund shall, and the principal of or agency university system public schools that allows the fund may, be appropriated, thereof shall ever be taken comprised of all public students to obtain a high- but only to the support and from the public treasury universities. A board of Article IX quality education. maintenance of free public directly or indirectly in trustees shall administer schools. aid of any church, sect, or each public university religious denomination and a board of governors or in aid of any sectarian shall govern the state institution. university system. Section 1: The Section 6: School tax funds Article 1, Section provision of an adequate shall be expended only for 2: No money shall ever public education for the the support and maintenance be taken from the public citizens shall be a primary of public schools, public treasury, directly or obligation of the State of vocational-technical schools, indirectly, in aid of any GEORGIA Article VIII Georgia. Public education public education and activities church, sect, cult, or for the citizens prior to the necessary or incidental thereto, religious denomination or of college or postsecondary including school lunch purposes. any sectarian institution. level shall be free and shall be provided for by taxation.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 1: A statewide Section 1: Nor Section 5: The system of public schools shall public funds be University of free from sectarian control, appropriated for the is hereby established a state university, public support or benefit of any as the state university libraries and such other sectarian or nonsectarian and constituted a body educational institutions as private educational corporate. may be deemed desirable, institution, except that including physical facilities proceeds of special purpose therefor. revenue bonds may be appropriated to finance Article X HAWAII or assist: 1. Not-for-profit corporations that provide early childhood education and care facilities serving the general public; and 2. Not-for-profit private nonsectarian and sectarian elementary schools, secondary schools, colleges and universities. Section 1: A general, Section 3: The earnings of Section 5: Neither the Section Section 10: The uniform and thorough the public school permanent legislature nor any county, 9: 6-18 location of the University system of public, free endowment fund shall be city, town, township, school of , as established common schools. deposited into the public school district, or other public by existing laws, is hereby earnings reserve fund and corporation, shall ever confirmed. All the rights, distributed in the maintenance make any appropriation, or immunities, franchises of the schools of the state, and pay from any public fund and endowments, among the counties and school or moneys whatever … to heretofore granted Article IX IDAHO districts of the state in such help support or sustain any thereto by the manner as may be prescribed school, academy, seminary, of Idaho are hereby by law. college, university or perpetuated unto the said other literary or scientific university. institution, controlled by any church, sectarian or religious denomination whatsoever.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 1: An efficient Section 1: The State has Section 3: Neither the system of high-quality the primary responsibility for General Assembly nor public educational financing the system of public any county, city, town, institutions and services. education. township, school district, or other public corporation, Article X shall ever make any appropriation or pay from any public fund whatever, anything in aid of any church or sectarian purpose. Section 1: A general Section 3: The income [of Article I, Section 6: Article 9, and uniform system of the Common School Fund] shall No money shall be drawn Section 1: It Common Schools, wherein be inviolably appropriated to the from the treasury, for the shall be the duty tuition shall be without support of Common Schools, and benefit of any religious or of the General charge, and equally open to no other purpose whatever. theological institution. Assembly to to all. provide, by law, INDIANA Article VIII for the support of institutions for the education of the deaf, the mute and the blind; and for the treatment of the insane. Section 12: The 2nd School Funds and 2nd Section Section 11: The education of all the youths School Lands, Section School 12: 3 months State University shall be of the State, through 1: The educational and school Funds established at one place a system of Common funds and lands, shall be under and without branches at Article IX Schools. the control and management School any other place, and the of the General Assembly of this Lands, University fund shall be State. Section applied to that Institution 7: 5-21 and no other.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 1: Intellectual, Section 6: The legislature Section 6: No religious Section 2: Public educational, vocational shall make suitable provision sect or sects shall control institutions of higher and scientific improvement for finance of the educational any part of the public education shall include by establishing and interests of the state. educational funds. universities and colleges maintaining public schools, granting baccalaureate Article VI KANSAS educational institutions or postbaccalaureate and related activities which degrees and such may be organized and other institutions and changed in such manner as educational interests as may be provided by law. may be provided by law. Section 183: Section 186: All funds Section 189: No An efficient system accruing to the school fund shall portion of any fund or tax of common schools be used for the maintenance now existing, or that may throughout the State. of the public schools … and hereafter be raised or levied the General Assembly shall for educational purposes, Section 183 by general law prescribe the shall be appropriated to, manner of the distribution of the or used by, or in aid of, public school fund among the any church, sectarian or school districts and its use for denominational school. public school purposes. Section 1: The Section 11: The legislature Section 14: The legislature shall provide shall appropriate funds for the Tulane University of for the education of operating and administrative in New Orleans LOUISIANA Article VIII the people of the state expenses of the state boards. is recognized as created and shall establish and to be developed. and maintain a public educational system. Section 1: The several to make suitable provision, at their own Article VIII expense, for the support and maintenance of public schools. Section 1: A thorough Section 3: The School and efficient System of Fund of the State shall be kept Article VIII Free Public Schools. inviolate, and appropriated only to the purposes of Education.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 2: Cherish Articles of Amendment, Articles of Section 1: The the interests of literature Article XVIII: All moneys Amendment, Article President and Fellows and the , and raised by taxation in the towns XVIII: Such moneys shall of Harvard College … all seminaries of them; and for the support of never be appropriated to shall have, hold, use, especially the university at public schools, and all moneys any religious sect for the exercise and enjoy, all Cambridge, public schools which may be appropriated maintenance exclusively of the powers, authorities, Chapter V MASSACHUSETTS and grammar schools in by the commonwealth for the its own schools. rights, , the towns. support of common schools shall privileges, immunities be applied to, and expended and franchises, which in, no other schools than those they now have or are which are conducted according entitled to have, hold, to law. use, exercise and enjoy. Section 2: A system Article 1, Section Section 8: Section 4: The of free public elementary 4: No money shall be Institutions, legislature shall and secondary schools as appropriated or drawn programs and appropriate moneys to defined by law. from the treasury for the services for the maintain the [list of 10 benefit of any religious sect care, treatment, universities] or society, theological or education, or by whatever names such religious seminary. rehabilitation of institutions may hereafter MICHIGAN Article VIII those inhabitants be known, and other who are physically, institutions of higher mentally, or education established otherwise by law. seriously disabled shall always be fostered and supported. Section 1: A general Section 1: The legislature Section 2: In no case Section 3: All the and uniform system of shall make such provisions by shall any public money or rights, immunities, public schools. taxation or otherwise as will be appropriated franchises and secure a thorough and efficient or used for the support endowments heretofore system of public schools of schools wherein the granted or conferred Article XIII throughout the state. distinctive doctrines, creeds upon the University or tenets of any particular of Minnesota are Christian or other religious perpetuated unto the sect are promulgated or university. taught.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 201: Free Section 206: There shall be Section 208: No Section 209: Section 213-A: The public schools. a state common-school fund, to religious or other sect or It shall be the duty state institutions of higher be taken from the General Fund sects shall ever control any of the legislature learning now existing in in the State Treasury, which shall part of the school or other to provide by law , to-wit: [list of be used for the maintenance and educational funds of this for the support of 8 Mississippi universities] support of the common schools. state; nor shall any funds institutions for the and any others of like Article 8 MISSISSIPPI be appropriated toward the education of the kind which may be support of any sectarian deaf, dumb, and hereafter organized or school, or to any school blind. established by the State that at the time of receiving of Mississippi. such appropriation is not conducted as a free school. Section 1: Free public Section 3: All appropriations Section 8: Neither the Section Section Section 9: The schools for the gratuitous by the state for the support general assembly, nor any 1: Under 21 3: At least 8 general assembly shall instruction of all persons. of free public schools and county, city, town, township, months adequately maintain the income from the public school district or other the state university and school fund shall be paid at municipal corporation, shall such other educational least annually and distributed ever make an appropriation institutions as it may according to law. or pay from any public deem necessary. fund whatever, anything in aid of any religious creed, Article IX church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university, or other institution of learning controlled by any religious creed, church or sectarian denomination whatever.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 1: A system Section 1: [The legislature] Section 6: The Section 10: The funds of education which shall fund and distribute in an legislature, counties, cities, of the Montana university will develop the full equitable manner to the school towns, school districts and system and of all other educational potential of districts the state’s share of the public corporations shall not state institutions of each person. Equality of cost of the basic elementary and make any direct or indirect learning, from whatever educational opportunity system. appropriation or payment source accruing, shall is guaranteed to each from any public fund or forever remain inviolate person of the state … a monies, or any grant of and sacred to the purpose MONTANA Part X basic system of free quality lands or other property for for which they were public elementary and any sectarian purpose or dedicated. secondary schools. to aid any church, school, academy, seminary, college, university, or other literary or scientific institution, controlled in whole or in part by any church, sect, or denomination. Section 1: Free Section 5: All such fines, Section 11: All public Section 11: Section Section 10: The instruction in the common penalties and license money schools shall be free of Educational or 1: 5-21 general government schools of this state. shall be appropriated exclusively sectarian instruction. other services of the University of to the use and support of for the benefit of Nebraska shall, under NEBRASKA Article VII the common schools in the children … who are the direction of the respective subdivisions where handicapped … if Legislature, be vested in the same may accrue. such services are a board. nonsectarian in nature. Section 2: A uniform Section 6: The legislature Section 9: No sectarian Section Section 4: The system of common schools. shall provide for [the schools’] instruction shall be 2: At least 6 Legislature shall provide support and maintenance by imparted or tolerated in any months for the establishment direct legislative appropriation school or University that of a State University, Article 11 NEVADA from the general fund. may be established under which shall embrace this Constitution. departments for Agriculture, Mechanic Arts and Mining.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Article 83: To cherish Section 83: No money the interest of literature raised by taxation shall ever and the sciences, and all be granted or applied for seminaries and public the use of the schools of schools, to encourage institutions of any religious private and public sect or denomination. NEW HAMPSHIRE Article 83 institutions, rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country. Section IV: A thorough Section IV: The fund ... shall Section and efficient system of be annually appropriated to the IV: 5-18 NEW JERSEY Article VIII free public schools for support of free public schools, the instruction of all the and for the equal benefit of all children in the State. the people of the State. Section 1: A uniform Section 4: All forfeitures, Section 3: No ... funds Section 11: [All system of free public unless otherwise provided appropriated, levied or state universities] are schools sufficient for the by law, and all fines collected collected for educational hereby confirmed as state education of, and open to, under general laws; the net purposes, shall be used educational institutions. all the children of school proceeds of property that may for the support of any age in the state. come to the state by escheat; sectarian, denominational NEW MEXICO Article XII the rentals of all school lands or private school, college or and other lands granted to the university. state, the disposition of which is not otherwise provided for by the terms of the grant or by act of congress shall constitute the current school fund of the state.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 1: A system Section 3: Neither the of free common schools, state nor any subdivision wherein all the children of thereof, shall use its this state may be educated. property or credit or any public money ... of Article XI any school or institution of learning wholly or in part under the control or direction of any religious denomination. Section 2: A general Section 2: The General Section Section 8: The and uniform system of free Assembly may assign to units 2: At least 9 General Assembly shall public schools. of local government such months maintain a public system responsibility for the financial of higher education, support of the free public schools comprising The University as it may deem appropriate. of and The governing boards of such other institutions of units of local government higher education as the with financial responsibility General Assembly may for public education may use deem wise. NORTH Article IX CAROLINA local revenues to add to or supplement any public school or Section 9: The post-secondary school program. General Assembly shall provide that the benefits of The University of North Carolina and other public institutions of higher education, as far as practicable, be extended to the people of the State free of expense.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 2: A uniform Section 5: No money Section 5: All system of free public raised for the support of the colleges, universities schools throughout the public schools of the state and other educational state, beginning with the shall be appropriated to or institutions, for the primary and extending used for the support of any support of which lands NORTH DAKOTA Article VIII through all grades up to sectarian school. have been granted to and including schools of this state, or which are higher education. supported by a public tax, shall remain under the absolute and exclusive control of the state. Section 2: A thorough Section 2: The General Section 2: No religious Article VII, Section 5: To increase and efficient system Assembly shall make such or other sect, or sects, shall Section 1: opportunities to the of common schools provisions, by taxation, or ever have any exclusive Institutions for residents of the state for throughout the State. otherwise, as, with the income right to, or control of, any the benefit of the higher education, it is arising from the school trust part of the school funds of insane, blind, and hereby determined to be fund, will secure a thorough this State. deaf and dumb, in the public interest and and efficient system of common shall always be a proper public purpose Article VI schools throughout the State. fostered and for the state to guarantee supported by the the repayment of loans State. made to residents of this state to assist them in meeting the expenses of attending an institution of higher education. Section 1: Free public Section 1a: The Legislature Section 2: Section Section Article XIII-A-1: schools wherein all the shall, by appropriate legislation, The Legislature 4: 8-16 4: At least 3 All institutions of higher children of the State may raise and appropriate funds shall provide for months education supported be educated. for the annual support of the the establishment wholly or in part by direct common schools of the State to and support of legislative appropriations Article XIII the extent of forty-two ($42.00) institutions for the shall be integral parts of dollars per capita based on total care and education a unified system to be state-wide enrollment for the of persons within known as “The Oklahoma preceding school year. the state who are State System of Higher deaf, deaf and Education.” mute or blind.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 3: A uniform, Section 8: The Legislative Section and general system of Assembly shall appropriate 4: 4-20 Common schools. in each biennium a sum of OREGON Article VIII money sufficient to ensure that the state’s system of public education meets quality goals established by law. Section 14: A Section 15: No money thorough and efficient raised for the support of system of public education the public schools of the Article III to serve the needs of the Commonwealth shall be Commonwealth. appropriated to or used for the support of any sectarian school. Section 1: Promote Section 2: The money which public schools and public now is or which may hereafter libraries, and to adopt be appropriated by law for the all means which it may establishment of a permanent RHODE ISLAND Article XII deem necessary and fund for the support of public proper to secure to the schools, shall be securely people the advances and invested and remain a perpetual opportunities of education fund for that purpose. and public library services. Section 3: A system Section 4: No money of free public schools shall be paid from public open to all children in the funds nor shall the credit State and shall establish, of the State or any of SOUTH Article XI organize and support such its political subdivisions CAROLINA other public institutions be used for the direct of learning, as may be benefit of any religious or desirable. other private educational institution.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 1: A general Section 3: The interest and Section 16: No and uniform system of income of this fund together appropriation of lands, public schools wherein with all other sums which may money or other property or SOUTH DAKOTA Article VIII tuition shall be without be added thereto by law, shall be credits to aid any sectarian charge, and equally open faithfully used and applied each school shall ever be made to all. year for the benefit of the public by the state. schools of the state. Section 12: A system Section 12: The of free public schools. General Assembly may establish and support such postsecondary Article XI educational institutions, including public institutions of higher learning, as it determines. Section 1: An efficient Section 5: The available Section 5: The Section 10: The system of public free school fund shall be distributed permanent school fund and legislature shall … schools. to the several counties according the available school fund establish, organize to their scholastic population and may not be appropriated to and provide for the applied in the manner provided or used for the support of maintenance, support and Article VII by law. any sectarian school. direction of a University of the first class, to be located by a vote of the people of this State, and styled, “The University of Texas.” Section 1: The Section 5: The Uniform Section 9: Neither the Section 2: The Legislature shall provide School Fund shall be maintained state of Utah nor its political higher education for the establishment and used for the support of the subdivisions may make system shall include all and maintenance of state’s public education system any appropriation for the public universities and UTAH Article X the state’s education ... and apportioned as the direct support of any school colleges and such other systems including a public Legislature shall provide. or educational institution institutions and programs education system, which controlled by any religious as the Legislature may shall be open to all children organization. designate. of the state.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 68: A competent number of schools ought to be maintained in each VERMONT Section 68 town unless the general assembly permits other provisions for the convenient instruction of youth. Section 1: A system Section 2: The General Section 10: No of free public elementary Assembly shall determine the appropriation of public and secondary schools manner in which funds are funds shall be made to for all children of school to be provided for the cost of any school or institution age throughout The maintaining an educational of learning not owned or Article VIII Commonwealth, and program meeting the prescribed exclusively controlled by shall seek to ensure standards of quality. the State or some political that an educational subdivision thereof. program of high quality is established and continually maintained. Section 2: The Section 2: The entire revenue Section 4: All schools legislature shall provide derived from the common maintained or supported for a general and uniform school fund and the state tax wholly or in part by the Article IX WASHINGTON system of public schools. for common schools shall public funds shall be forever be exclusively applied to the free from sectarian control support of the common schools. or influence.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 1: A thorough Section 5: The Legislature Article III, Section Section 12: and efficient system of free shall provide for the support of 15: The Legislature shall It shall, whenever schools. free schools by appropriating not prescribe any religious it may be thereto the interest of the test whatever, or confer practicable, make invested “School Fund.” any peculiar privileges or suitable provision advantages on any sect or for the blind, mute denomination. and insane, and for Article XII WEST VIRGINIA the organization of such institutions of learning as the best interests of general education in the state may demand. Section 3: The Section 2: [T]he school Section 3: No sectarian Section Section 6: Provision establishment of district fund … shall be exclusively instruction shall be allowed 5: 4-20 shall be made by law schools, which shall be applied to the following objects, therein. for the establishment as nearly uniform as to wit: (1) To the support and of a state university practicable; and such maintenance of common schools, at or near the seat of schools shall be free and in each school district, and the state government, and WISCONSIN Article X without charge for tuition. purchase of suitable libraries for connecting with the and apparatus therefor. (2) The same, from time to time, residue shall be appropriated to such colleges in different the support and maintenance of parts of the state as the academies and normal schools, interests of education and suitable libraries and may require. apparatus therefor.

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LOCATION OF EDUCATION EDUCATION RELIGIOUS DISABLED STUDENT SCHOOL ESTABLISHMENT OF STATE PROVISION IN PROVISION FUNDING REQUIREMENT RESTRICTION STUDENTS AGE YEAR HIGHER EDUCATION CONSTITUTION LANGUAGE Section 1: A complete Section 8: Provision shall Section 8: Nor shall Section Section 8: Section 1: A and uniform system be made by general law for the any portion of any public 9: 6-21 3 months university with such of public instruction, equitable allocation of such school fund ever be used technical and professional embracing free elementary income among all school districts to support or assist any departments as the public schools of every needed in the state. private school, or any good may require and WYOMING Article 7 kind and grade. school, academy, seminary, the means of the state college or other institution allow, and such other of learning controlled by institutions as may be any church or sectarian necessary. organization or religious denomination whatsoever.

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AUTHOR Emily Parker is a policy analyst at Education Commission of the States. Emily loves data, charts, board games and trivia – especially if it’s trivia about school finance. She has her Master of Public Policy degree from the University of Denver and can be reached at [email protected] or (303) 299.3662.

ENDNOTES

1. “San Antonio Independent School District v. Rodriguez.” Oyez. -Kent College of Law at Illinois Tech, 1973, https://www.oyez.org/cases/1972/71-1332 (accessed Jan. 29, 2016)

2. “Campbell County School District vs. State of Wyoming,” SchoolFunding.info, Nov. 8, 1995, http://www.schoolfunding.info/ states/wy/Campbell(I).pdf (accessed Feb. 8, 2016).

3. “Campbell County School District vs. State of Wyoming,” SchoolFunding.info, Feb. 23, 2001, http://www.schoolfunding. info/states/wy/Campbell2001.pdf (accessed Feb. 8, 2016).

4. “Lobato v. Colorado,” Colorado Attorney General, 2012, http://www.coloradoattorneygeneral.gov/departments/state_services/ education/lobato (accessed Jan. 15, 2016).

5. “High Court Reverses Lobato Ruling,” Chalkbeat Colorado, May 28, 2013, http://co.chalkbeat.org/2013/05/28/high-court-re- verses-lobato-ruling/#.Vpk5-vkrK70 (accessed Jan. 15, 2016)

6. “John Adams & The Massachusetts Constitution,” Massachusetts Court System, http://www.mass.gov/courts/court-info/sjc/ edu-res-center/jn-adams/mass-constitution-1-gen.html (accessed Jan. 14, 2016).

7. Elliott, Debbie, “Ala. Racist Language Measure Draws Unexpected Foes,” NPR, Nov. 1, 2012, http://www.npr. org/2012/11/02/164107184/ala-racist-language-measure-draws-unexpected-foes (accessed Jan. 15, 2016)

8. “Constitution of the State of Montana,” University of Montana, 1889, http://www.umt.edu/media/law/library/MontanaConsti- tution/Miscellaneous%20Documents/1889_const.pdf (accessed Jan. 14, 2015).

9. “Revenues and Expenditures for Public Elementary and : School Year 2011–12,” NCES, 2014, http:// nces.ed.gov/pubs2014/2014301.pdf (accessed Jan. 15, 2016).

10. Ibid, (accessed Jan. 19, 2016).

Note: This report is an update to a 2002 report.

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