Summary of Amendment:
  • Requires legislature to establish and define a system of higher education encompassing public and private schools by programs which may include free tuition, grants, fellowships and scholarships.

Article IX

Education

Section 1. This article continues the present system of free public education below the college level and requires the legislature to make annual appropriations therefor. It requires the legislature to establish and define a system of higher education, encompassing both public and private institutions, by programs which may include free tuition, grants, fellowships and scholarships.

Section 2. This article provides that if the state relieves students at public institutions of higher learning from the present requirement of paying tuition and other fees, the contractual obligations of any such institution or instrumentality of the state which have as their security, directly or indirectly, student tuition and other fees and which remain unpaid as the result of such state action, will be assumed by the state.
Legislative Amendment Text:

Article IX

Education

Section 1. a. The legislature shall annually make adequate pro­vision for the maintenance and support of a system of free public schools below the college level wherein all the people of the state may be educated.

b. (l) The legislature shall establish and define a system of higher education for all the people of the state, encompassing both public and non-public institutions, by programs which may include free tuition, grants, fellowships, and scholarships.

(2) In the event that the state shall hereafter relieve students at public institutions of higher learning from the obligation of paying tuition and other fees for attendance thereat and, as a result of such action, any such institution or any other instrumentality of the state is unable to meet its contractual obligations to any state agency which has issued any bonds, notes or other obligations on the security, directly or indirectly, of a pledge of such revenues, then, and in that event, notwithstanding any other provision of this constitution such contractual obligations shall become debts of the state and the state shall be liable thereon to the extent necessary to discharge such contractual obligations until such time as such bonds, notes or other obligations are paid and discharged.

c. Equality of educational opportunity shall be guaranteed to all the people of the state. The legislature shall provide necessary programs to develop the educational potential of each person.

d. In any law apportioning state aid to school districts, the basis of computing the number of pupils shall be the registration thereof and such law shall also take into account both the special educational needs, if any, of the students in each district and the total local tax burden of the taxpayers of each district.

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