K-12 Governance: State Constitutional Language

K-12 Governance: State Constitutional Language

Education provision language

November 2020

Each state's constitution generally contains language providing for a system of public education. The language of these constitutional provisions for education are important and consequential in how a state provides for its system of public education. The following information is direct language from each state's constitution pertaining to public education. There have been edits made to the constitutional language displayed below for brevity.

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Education provision language
Source
Wyoming The legislature shall provide for the establishment and maintenance of a complete and uniform system of public instruction, embracing free elementary schools of every needed kind and grade, a university with such technical and professional departments as the public good may require and the means of the state allow, and such other institutions as may be necessary. Wyo. Const. art. VII, § 1
Wisconsin Section 3. 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. Wis. Const. art. X, § 3
West Virginia The legislature shall provide, by general law, for a thorough and efficient system of free schools. W. Va. Const. art. XII, § 1
Washington Section 1. It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex.

Section 2. The legislature shall provide for a general and uniform system of public schools. The public school system shall include common schools, and such high schools, normal schools, and technical schools as may hereafter be established. But the entire revenue derived from the common school fund and the state tax for common schools shall be exclusively applied to the support of the common schools.
Wash. Const. art. IX, § 1
Wash. Const. art. IX, § 2
Virginia The general assembly shall provide for a system of free public elementary and secondary schools for all children of school age throughout the commonwealth, and shall seek to ensure that an educational program of high quality is established and continually maintained. Va. Const. art. VIII, § 1
Vermont Laws for the encouragement of virtue and prevention of vice and immorality ought to be constantly kept in force, and duly executed; and a competent number of schools ought to be maintained in each town unless the general assembly permits other provisions for the convenient instruction of youth. Vt. Const. CH II, § 68
Utah Section 1. The legislature shall provide for the establishment and maintenance of the state's education systems including: (a) a public education system, which shall be open to all children of the state; and (b) a higher education system. Both systems shall be free from sectarian control.

Section 2. The public education system shall include all public elementary and secondary schools and such other schools and programs as the Legislature may designate. The higher education system shall include all public universities and colleges and such other institutions and programs as the legislature may designate. Public elementary and secondary schools shall be free, except the legislature may authorize the imposition of fees in the secondary schools.
Utah Const. art. X, § 1
Utah Const. art. X, § 2
Texas A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the legislature of the state to establish and make suitable provision for the support and maintenance of an efficient system of public free schools. Tex. Const. art. VII, § 1
Tennessee The state of Tennessee recognizes the inherent value of education and encourages its support. The general assembly shall provide for the maintenance, support and eligibility standards of a system of free public schools. Tenn. Const. art. XI, § 12
South Dakota The stability of a republican form of government depending on the morality and intelligence of the people, it shall be the duty of the legislature to establish and maintain a general and uniform system of public schools wherein tuition shall be without charge, and equally open to all; and to adopt all suitable means to secure to the people the advantages and opportunities of education. S.D. Const. art. VIII, § 1
South Carolina The general assembly shall provide for the maintenance and support of a system of free public schools open to all children in the State and shall establish, organize and support such other public institutions of learning, as may be desirable. S.C. Const. art. XI, § 3
Rhode Island The diffusion of knowledge, as well as of virtue among the people, being essential to the preservation of their rights and liberties, it shall be the duty of the general assembly to promote public schools and public libraries, and to adopt all means which it may deem necessary and proper to secure to the people the advantages and opportunities of education and public library services. R.I. Const. art. XII, § 1
Pennsylvania The general assembly shall provide for the maintenance and support of a thorough and efficient system of public education to serve the needs of the commonwealth. Pa. Const. art. III, § 14
Oregon The legislative assembly shall provide by law for the establishment of a uniform, and general system of common schools. Or. Const. art. VIII, § 3
Oklahoma The legislature shall establish and maintain a system of free public schools wherein all the children of the state may be educated. Okla. Const. art. XIII, § 1
Ohio Section 2. The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but, no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

Section 3. Provision shall be made by law for the organization, administration and control of the public school system of the state supported by public funds: provided, that each school district embraced wholly or in part within any city shall have the power by referendum vote to determine for itself the number of members and the organization of the district board of education, and provision shall be made by law for the exercise of this power by such school districts.
Ohio Const. Article VI, Section 2
Ohio Const. Article VI, Section 3
North Dakota A high degree of intelligence, patriotism, integrity and morality on the part of every voter in a government by the people being necessary in order to insure the continuance of that government and the prosperity and happiness of the people, the legislative assembly shall make provision for the establishment and maintenance of a system of public schools which shall be open to all children of the state of North Dakota and free from sectarian control. This legislative requirement shall be irrevocable without the consent of the United States and the people of North Dakota. N.D. Const. art. VIII, § 1
North Carolina Section 1. Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools, libraries, and the means of education shall forever be encouraged.

Section 2. (1) General and uniform system: term. The general assembly shall provide by taxation and otherwise for a general and uniform system of free public schools, which shall be maintained at least nine months in every year, and wherein equal opportunities shall be provided for all students. (2) Local responsibility. The general assembly may assign to units of local government such responsibility for the financial support of the free public schools as it may deem appropriate. The governing boards of units of local government with financial responsibility for public education may use local revenues to add to or supplement any public school or post-secondary school program.
N.C. Const. art. IX, § 1
N.C. Const. art. IX, § 2
New York The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated. N.Y. Const. art. XI, § 1
New Mexico A uniform system of free public schools sufficient for the education of, and open to, all the children of school age in the state shall be established and maintained. N.M. Const. art. XII, § 1
New Jersey The Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the State between the ages of five and eighteen years. N.J. Const. art. VIII, § 4, ¶ 1
New Hampshire Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections, and generous sentiments, among the people: Provided, nevertheless, that no money raised by taxation shall ever be granted or applied for the use of the schools or institutions of any religious sect or denomination. N.H. Const. Pt. 2, art. LXXXIII
Nevada Section 1. The legislature shall encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvements, and also provide for a superintendent of public instruction and by law prescribe the manner of appointment, term of office and the duties thereof.

Section 2. The legislature shall provide for a uniform system of common schools, by which a school shall be established and maintained in each school district at least six months in every year, and any school district which shall allow instruction of a sectarian character therein may be deprived of its proportion of the interest of the public school fund during such neglect or infraction, and the legislature may pass such laws as will tend to secure a general attendance of the children in each school district upon said public schools.
Nev. Const. art. XI, § 1
Nev. Const. art. XI, § 2
Nebraska The legislature shall provide for the free instruction in the common schools of this state of all persons between the ages of five and twenty-one years. The legislature may provide for the education of other persons in educational institutions owned and controlled by the state or a political subdivision thereof. Neb. Const. art. VII, § 1
Montana (1) It is the goal of the people to establish a system of education which will develop the full educational potential of each person. Equality of educational opportunity is guaranteed to each person of the state.
(2) 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.
(3) The legislature shall provide a basic system of free quality public elementary and secondary schools. The legislature may provide such other educational institutions, public libraries, and educational programs as it deems desirable.
Mont. Const. art. X, § 1
Missouri A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the general assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in this state within ages not in excess of twenty-one years as prescribed by law. Mo. Const. art. IX, § 1(a)
Mississippi The legislature shall, by general law, provide for the establishment, maintenance and support of free public schools upon such conditions and limitations as the legislature may prescribe. Miss. Const. , § 201
Minnesota The stability of a republican form of government depending mainly upon the intelligence of the people, it is the duty of the legislature to establish a general and uniform system of public schools. The legislature shall make such provisions by taxation or otherwise as will secure a thorough and efficient system of public schools throughout the state. Minn. Const. art. XIII, § 1
Michigan Section 1. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.

Section 2. The legislature shall maintain and support a system of free public elementary and secondary schools as defined by law. Every school district shall provide for the education of its pupils without discrimination as to religion, creed, race, color or national origin.
MI CONST Art. 8, § 1
MI CONST Art. 8, § 2
Massachusetts Wisdom, and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties; and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of legislatures and magistrates, in all future periods of this commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them; especially the university at Cambridge, public schools and grammar schools in the towns; to encourage private societies and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings; sincerity, good humor, and all social affections, and generous sentiments among the people. Mass. Const. Pt. 2, C. 5, § 2
Maryland Section 1. The general assembly, at its first session after the adoption of this constitution, shall by law establish throughout the state a thorough and efficient system of free public schools; and shall provide by taxation, or otherwise, for their maintenance.

Section 2. The system of public schools, as now constituted, shall remain in force until the end of the said first session of the general assembly, and shall then expire; except so far as adopted, or continued by the general assembly.
Md. Const. art. VIII, § 1
Md. Const. art. VIII, § 2
Maine A general diffusion of the advantages of education being essential to the preservation of the rights and liberties of the people; to promote this important object, the legislature are authorized, and it shall be their duty to require, the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools; and it shall further be their duty to encourage and suitably endow, from time to time, as the circumstances of the people may authorize, all academies, colleges and seminaries of learning within the state; provided, that no donation, grant or endowment shall at any time be made by the legislature to any literary institution now established, or which may hereafter be established, unless, at the time of making such endowment, the legislature of the state shall have the right to grant any further powers to alter, limit or restrain any of the powers vested in any such literary institution, as shall be judged necessary to promote the best interests thereof. Me. Const. art. VIII, Pt. 1, § 1
Louisiana The legislature shall provide for the education of the people of the state and shall establish and maintain a public educational system. La. Const. Ann. art. VIII, § 1
Kentucky The general assembly shall, by appropriate legislation, provide for an efficient system of common schools throughout the State. Ky. Const. § 183
Kansas The legislature shall provide for intellectual, educational, vocational and scientific improvement by establishing and maintaining public schools, educational institutions and related activities which may be organized and changed in such manner as may be provided by law. Kan. Const. art. VI, § 1
Iowa Section 15: The general assembly shall have power to abolish or reorganize 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. Iowa Const. art. IX, § 15
Indiana Knowledge and learning, generally diffused throughout a community, being essential to the preservation of a free government; it shall be the duty of the general assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvement; and to provide, by law, for a general and uniform system of common schools, wherein tuition shall be without charge, and equally open to all. Ind. Const. art. VIII, § 1
Illinois A fundamental goal of the people of the state is the educational development of all persons to the limits of their capacities.
The state shall provide for an efficient system of high quality public educational institutions and services. Education in public schools through the secondary level shall be free. There may be such other free education as the general assembly provides by law.
Ill. Const. art. X, § 1
Idaho The stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the duty of the legislature of Idaho, to establish and maintain a general, uniform and thorough system of public, free common schools. Idaho Const. art. IX, § 1
Hawaii The state shall provide for the establishment, support and control of a statewide system of public schools free from sectarian control, a state university, public libraries and such other educational institutions as may be deemed desirable, including physical facilities therefor. Haw. Const. art. X, § 1
Georgia The provision of an adequate public education for the citizens shall be a primary obligation of the state of Georgia. Public education for the citizens prior to the college or postsecondary level shall be free and shall be provided for by taxation, and the general assembly may by general law provide for the establishment of education policies for such public education. The expense of other public education shall be provided for in such manner and in such amount as may be provided by law. Ga. Const. art. VIII, § 1, ¶ I
Florida The education of children is a fundamental value of the people of the state of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education and for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require. Fla. Const. art. IX, § 1
Delaware The general assembly shall provide for the establishment and maintenance of a general and efficient system of free public schools, and may require by law that every child, not physically or mentally disabled, shall attend the public school, unless educated by other means. Del.C.Ann. Const., Art. 10, § 1
Connecticut There shall always be free public elementary and secondary schools in the state. The general assembly shall implement this principle by appropriate legislation. Conn. Const. art. VIII, § 1
Colorado The general assembly shall, as soon as practicable, provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state, wherein all residents of the state, between the ages of six and twenty-one years, may be educated gratuitously. One or more public schools shall be maintained in each school district within the state, at least three months in each year; any school district failing to have such school shall not be entitled to receive any portion of the school fund for that year. Colo. Const. art. IX, § 2
California Section 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.

Section 5. The legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established.
Cal. Const. art. IX, § 1
Cal. Const. art. IX, § 5
Arkansas Intelligence and virtue being the safeguards of liberty and the bulwark of a free and good government, the State shall ever maintain a general, suitable and efficient system of free public schools and shall adopt all suitable means to secure to the people the advantages and opportunities of education. The specific intention of this amendment is to authorize that in addition to existing constitutional or statutory provisions the General Assembly and/or public school districts may spend public funds for the education of persons over twenty-one years of age and under six years of age, as may be provided by law, and no other interpretation shall be given to it. Ark. Const. art. XIV, § 1
Arizona Section 1. A. The legislature shall enact such laws as shall provide for the establishment and maintenance of a general and uniform public school system, which system shall include:
1. Kindergarten schools.
2. Common schools.
3. High schools.
4. Normal schools.
5. Industrial schools.
6. Universities, which shall include an agricultural college, a school of mines, and such other technical schools as may be essential, until such time as it may be deemed advisable to establish separate state institutions of such character.
Ariz. Const. art. XI, § 1
Alaska The legislature shall by general law establish and maintain a system of public schools open to all children of the State, and may provide for other public educational institutions. Alaska Const. art. VII, § 1
Alabama It is the policy of the state of Alabama to foster and promote the education of its citizens in a manner and extent consistent with its available resources, and the willingness and ability of the individual student, but nothing in this constitution shall be construed as creating or recognizing any right to education or training at public expense, nor as limiting the authority and duty of the legislature, in furthering or providing for education, to require or impose conditions or procedures deemed necessary to the preservation of peace and order. The legislature may by law provide for or authorize the establishment and operation of schools by such persons, agencies or municipalities, at such places, and upon such conditions as it may prescribe. Ala. Const. , § 256