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Sec. 6. 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 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.
Sec. 7. 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.
Sec. 8. 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school or university fund of this State; but all acts, rules, and regulations of said board may be altered, amended or repealed by the General Assembly; and when so altered, amended, or repealed, they shall not be re-enacted by the Board of Education.
Sec. 9. The Governor of the State shall be, ex officio, a member of said board.
Sec. 10. 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.
Sec. 11. 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.
Sec. 12. The Board of Education shall provide for the education of all the youths of the State, through a system of common schools, and such schools 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.
Sec. 13. 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.
Sec. 14. 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 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."
Sec. 15. At any time after the year One thousand eight hundred and sixty-three, the General Assembly shall have power to abolish or re-organize 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.
SECOND. 296. School Funds and School Lands.-Section 1. The educa. tional and school funds and lands shall be under the control and management of the General Assembly of thiş Ştate.
Sec. 2. The University lands, and the proceeds thereof, and all moneys 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. 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 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.
297. United States Land Grants.-I. School Lands. The first land grant for school purposes originated in the ordinance of 1785, confirmed July 23, 1787, and ratified by Congress in 1789, after the adoption of the present Constitution. At first the sixteenth section of every congressional township was set apart for the maintenance of common schools. The provision for Iowa was made in a law passed by Congress in 1845. All States admitted previous to 1850 received a grant of the sixteenth section. All States organized after that time have received both the sixteenth and thirty-sixth sections of every township. In 1841, sixteen States, among which was Iowa, each received 500,000 acres of land. Later certain swamp lands were granted to Iowa and other states, and five per cent of the sale of government lands was devoted to the school fund in each State.
2. University Land Grant. Two townships have
been set apart in each State for the maintenance of higher education. This is the basis for the State universities now so common.
3. In 1862, a grant of 30,000 acres of land was made for each Senator and Representative in Congress; the proceeds of these lands was made a perpetual fund for the support of agricultural colleges in the various States. By the wording of this act the distinctive purpose of these agricultural colleges was “ without excluding other scientific and classical studies and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts in such manner as the legislatures of the States may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life.” See article on Land Grants in Report of Commissioner of Education for 1880, pp. xxiv-xxvi, and for 1892 and 1893, pp. 1268-1283.
298. Other Sources of School Fund.-Sec. 4. The money which may have been or shall be paid by persons as an equivalent from exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is paid or fine collected, among the several school districts of said counties, in proportion to the number of youths subject to enumeration in such districts, to the support of common schools, or the establishment of libraries, as the Board of Education shall from time to time provide.
For the purpose of distributing the proceeds of the school fund proportionally, every school district has an enumeration taken of all persons, between the ages
of five and twenty-one years, and every year this report is made to the county auditor by the secretary of the school board in each district.
299. Care and Disposal of Funds.-Sec. 5. 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 the 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.
The agricultural grants were made five years after this Constitution went into effect. Notice that only the interest on the proceeds of the sale of lands, and the rent of the lands unsold, can be used; the principal must remain a permanent fund effectually protected from fraud by Article VII., Section 3.
300. Agents and Distribution-Sec. 6. The financial agents of the school fund 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.
The State and county auditors have charge of the school funds.
Sec. 7. The money subject to the support and maintenance of common schools shall be distributed to the districts in proportion to the number of youths between the ages of five and twenty-one years, in such manner as may be provided by the General Assembly.
301. Outline Study.- School Funds and School Lands: Their control and management, Article IX., Part II., Section 1.
Land grants of the United States,
For common schools,
For common schools.
Effect on Iowa.
For agricultural colleges.
Agents of school funds, Sec. 6.
Distribution of same, Sec. 7. 302. Amendments to the Constitution.Article X., Section 1. Any amendment or amendments to this Constitution may be proposed in either house of the General Assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election, and shall be published, as provided by law, for three months previous to the time of making such choice, and if, in the General Assembly so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the General Assembly to submit such proposed amendment or amendments to the people, in such manner and at such time as the General Assembly shall provide; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the General Assembly, voting thereon, such amendment or amend