Show o o For Against Official Ballot Title: 2 3 4 5 8 12 Shall Article X Sections and 13 be amended and renumbered and Article X Sections 7 9 10 and 11 be repealed and Article VII Section 17 and Article XIII Section 7 be repealed to provide an Education Article which: retains a public education system and establishes a higher education system provides for public elementary and secondary schools to be free while allowing the Legislature to authorize fees in the secondary schools retains an elected board of education allows the Legislature to provide for the governance of the higher education system prohibits state and local governments from making appropriations for the direct support of educational institutions controlled by any religious organization repeals language in the Revenue and Taxation Article relating to education repeals certain obsolete provisions makes technical changes and provides an effective 1987? date of July Proposition No 3 EDUCATION ARTICLE REVISION Vote cast HOl'SE by the members (75 members): SENATE (29 members): of the 1986 Legislature Yeas Yeas 52 Nays 25 Nays on final passage: Absent or not voting 12 Absent or not voting 0 tf' fiWijgi Afirhiii IMPARTIAL Proposal The provisions of the Education Article Revision can be divided into four general categories: Structure and Governance of Education — The present Utah Constitution mentions only one system of education: a public school system which includes "kindergarten schools common schools consisting of primary and grammar grades high schools an agricultural college a university and such other schools as the Legislature may establish" The constitution establishes an elected State Board of Education to control the public school system Shortly after statehood new colleges and universities were formed They were controlled in different ways but at no one time was all of higher education controlled by the State Board of Education Colleges and universities were generally separated from the public education system In 1969 the Legislature created a system of higher education for the colleges and universities of the state At the same time the Legislature created a State Board of Regents to control and supervise the system of higher education The State Board of Regents is appointed by the governor In 1972 the State Board of Education sued the State Board of Regents claiming that the higher education system was unconstitu Page 18 ANALYSIS tional since the constitution did not provide for the creation of a system of higher education separate from public education The Utah Supreme Court decided that the practice of having two education systems was constitutional The proposed constitutional education: revision provides for two systems of a Public Education System: Includes all public elementary and secondary schools plus any other schools and programs that the Legislature may designate An elected State Board of Education is given the control and supervision of the system (as in the present constitution) b Higher Education System: Includes all public universities and colleges plus any other institutions and programs that the Legislature may designate The control and supervision of the system is to be established by statute The Legislature is allowed to place additional programs under each system so that certain programs and institutions such as vocational education may be assigned to the appropriate system 2 Free Education — The present constitution provides only that the common schools (grades shall be free The revision states that |