Frequently Asked Questions about California Constitution Article IX

How many sections does Article 9 have? This article contains sixteen sections.

What does Article 9 relate to? It relates to education.

Are there any general statements that accompany this article? Section 1 provides that a general diffusion of knowledge and intelligence are essential to the preservation of the rights and liberties of the people, and that the Legislature must encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.

What are the provisions for an elected state school administrator? Section 2 provides that a Superintendent of Public Instruction is to be elected by the qualified electors of the State at each gubernatorial election and no Superintendent of Public Instruction may serve more than two terms.

Are there state deputy school administrators? Section 2.1 specifies that the State Board of Education, on nomination of the Superintendent of Public Instruction, is to appoint one Deputy Superintendent and three Associate Superintendents who are exempt from state civil service and whose terms of office are four years.

Are there county school administrators? Section 3 provides that a Superintendent of Schools for each county may be elected by the qualified electors at each gubernatorial election or may be appointed by the county board of education.

What are the qualifications for school superintendents? Section 3.1 states that the Legislature shall prescribe the qualifications required of county superintendents of schools.

Can joint boards of education be established? Section 3.2 provides that any two or more chartered counties, or non-chartered counties, may, by a majority vote of the electors of each county voting on the proposition at an election called for that purpose, establish one joint board of education and one joint county superintendent of schools for the counties uniting.

Who determines how county board of education members are selected? Section 3.3 notes that a county charter may provide for the election of the members of the county board of education of such county and for their qualifications and terms of office.

Are schools intended to be free of charge? Section 5 requires the Legislature provide for a system of common schools by which a free school must be kept up and supported in each district at least six months in every year.

What is the salary paid to teachers? Section 6 states that each person, other than a substitute employee, employed by a school district as a teacher or in any other position requiring certification qualifications must be paid a salary of at least $2,400 per year.

How are districts formed? Section 6.5 allows the formation of districts for school purposes situated in more than one county or the issuance of bonds by those districts under general laws as prescribed by the legislature; and the officers in these laws are authorized to levy and assess taxes and perform all other acts as may be prescribed for paying bonds and carrying out the other powers conferred upon districts.

How are members of the State Board of Education selected? Section 7 specifies that the Legislature is to provide for the appointment or election of the State Board of Education and a board of education in each county or for the election of a joint county board of education for two or more counties.

Who must adopt textbooks? Section 7.5 requires the State Board of Education to adopt textbooks for use in grades one through eight throughout the State to be furnished without cost.

Are there limitations on public monies being spent for certain types of schools? Section 8 states that no public money can be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools.

Which system of higher education is provided for in the state Constitution? Section 9 provides that the University of California constitutes a public trust, to be administered by the existing corporation known as “The Regents of the University of California,” with full powers of organization and government, subject only to such legislative control as may be necessary to insure the security of its funds and compliance with the terms of the endowments of the university and such competitive bidding procedures as may be made applicable to the university by statute for the letting of construction contracts, sales of real property, and purchasing of materials, goods, and services.

Are there selection criteria for UC Regents? Section 9 provides for the composition of the Board of Regents, who must be able persons broadly reflective of the economic, cultural, and social diversity of the State, including ethnic minorities and women. Also, the Governor must consult an advisory committee.

What is the legal authority of the UC Regents? Section 9 specifies that the Regents of the University of California are vested with the legal title and the management and disposition of the property of the university and of property held for its benefit and that they have the power to take and hold, either by purchase or by donation, or gift, testamentary or otherwise, or in any other manner, without restriction, all real and personal property for the benefit of the university.

Who has power to provide for different school districts? Section 14 provides that the Legislature has power, by general law, to provide for the incorporation and organization of school districts, high school districts, and community college districts.

What are the requirements for serving on boards of education? Section 16 allows provisions for the manner in which, the times at which, and the terms for which the members of boards of education are elected or appointed, for their qualifications, compensation and removal, and for the number which constitute any one of those boards.