SECTION 1. [Superintendent of public instruction.] The supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct; and their qualifications, powers, duties and compensation shall be prescribed by law. The state superintendent shall be chosen by the qualified electors of the state at the same time and in the same manner as members of the supreme court, and shall hold office for 4 years from the succeeding first Monday in July. The term of office, time and manner of electing or appointing all other officers of supervision of public instruction shall be fixed by law.
SECTION 2. [School fund created; income applied.]
The proceeds of all lands that have been or
hereafter may be granted by the United States to this state for
educational purposes (except the lands heretofore granted for the
purposes of a university) and all moneys and the clear proceeds of all
property that may accrue to the state by forfeiture or escheat; and
the clear proceeds of all fines collected in the several counties for
any breach of the penal laws, and all moneys arising from any
grant to the state where the purposes of such grant are not specified,
and the 500,000 acres of land to which the state is entitled by
the provisions of an act of congress, entitled "An act to appropriate
the proceeds of the sales of the public lands and to grant
pre-emption rights," approved September 4, 1841; and also the 5 percent
of the net proceeds of the public lands to which the state shall
become entitled on admission into the union (if congress shall
consent to such appropriation of the 2 grants last mentioned) shall
be set apart as a separate fund to be called "the school fund," the
interest of which and all other revenues derived from the school
lands shall be exclusively applied to the following objects, to wit:
SECTION 3. [District schools; tuition; sectarian instruction; released time.] The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition to all children between the ages of 4 and 20 years; and no sectarian instruction shall be allowed therein; but the legislature by law may, for the purpose of religious instruction outside the district schools, authorize the release of students during regular school hours.
SECTION 4. [Annual school tax.] Each town and city shall be required to raise by tax, annually, for the support of common schools therein, a sum not less than one-half the amount received by such town or city respectively for school purposes from the income of the school fund.
SECTION 5. [Income of school fund.] Provision shall be made by law for the distribution of the income of the school fund among the several towns and cities of the state for the support of common schools therein, in some just proportion to the number of children and youth resident therein between the ages of four and twenty years, and no appropriation shall be made from the school fund to any city or town for the year in which said city or town shall fail to raise such tax; nor to any school district for the year in which a school shall not be maintained at least three months.
SECTION 6. [State university; support.] Provision shall be made by law for the establishment of a state university at or near the seat of state government, and for connecting with the same, from time to time, such colleges in different parts of the state as the interests of education may require. The proceeds of all lands that have been or may hereafter be granted by the United States to the state for the support of a university shall be and remain a perpetual fund to be called "the university fund," the interest of which shall be appropriated to the support of the state university, and no sectarian instruction shall be allowed in such university.
SECTION 7. [Commissioners of public lands.] The secretary of state, treasurer and attorney general, shall constitute a board of commissioners for the sale of the school and university lands and for the investment of the funds arising therefrom. Any two of said commissioners shall be a quorum for the transaction of all business pertaining to the duties of their office.
SECTION 8. [Sale of public lands.] Provision shall be made by law for the sale of all school and university lands after they shall have been appraised; and when any portion of such lands shall be sold and the purchase money shall not be paid at the time of the sale, the commissioners shall take security by mortgage upon the lands sold for the sum remaining unpaid, with seven per cent interest thereon, payable annually at the office of the treasurer. The commissioners shall be authorized to execute a good and sufficient conveyance to all purchasers of such lands, and to discharge any mortgages taken as security, when the sum due thereon shall have been paid. The commissioners shall have power to withhold from sale any portion of such lands when they shall deem it expedient, and shall invest all moneys arising from the sale of such lands, as well as all other university and school funds, in such manner as the legislature shall provide, and shall give such security for the faithful performance of their duties as may be required by law.
Revised March 2, 2000.