California State Constitution and Amendments
California
Constitution, 1849: Article IX (including amendments),
providing for public school and a state university
Section 4 of Article IX of California's
first state constitution provides for the organization
of a state university, and authorizes the state to
acquire federal lands allocated for such purposes
by Congress under the Northwest Ordinance and similar
acts. Chartering of a state university (what became
the University of California) did not occur until
the 1860s and under statutory law.
The 1849 constitution also established
the statewide elected position of Superintendent for
Public Instruction based in large part on a similar
provision in the state constitution of New York. No
provision was made for a State Board of Education
(see 1884 amendment). -- JAD
California
Constitution, 1879: Article IX (including amendments),
elevating UC to a public trust
California's second state constitution
made a number of sweeping changes that included elevating
the University of California to the status of a "public
trust." Modeled on a similar provision for the
University of Michigan, this new provision placed
the University of California in the constitution and
gave its Board of Regents authority on all issues
related to the management the institution, "subject
only to such legislative control as may be necessary
to insure compliance with the terms of its endowments,
and the proper investment and security of its funds."
Hence, beyond fiduciary regulations as a public institution,
statutory laws are not binding. Only five other public
universities have a similar status and arguably the
University of California has the greatest level of
autonomy.
A number of subsequent amendments
to the constitution changed the membership of the
Board of Regents and their terms. The following lists
other important amendments:
- The State Board of Education (est. 1852) is elevated
to a constitutional status composed of the Governor,
Superintendent of Public Instruction, and the principals
of the State normal schools.
- The State Board of Education amended to include
a "professor of pedagogy" from the University
of California, and the president of the University
of California.
-- JAD
1918
California Constitutional Amendment: Section 9
of Article IX, changing the composition of the UC
board of regents
The 1918 amendment to Article IX
modified the provision for the University of California
by eliminating reference to the original 1868 Organic
Act, incorporating some of the original language in
that act, and stating the membership of the Board
of Regents with appointed members to serve 16 year
terms. This included the addition of the President
of the Alumni Association. -- JAD
1945
California Constitutional Amendment: Section 2.1
of Article IX, providing for the new positions of
associate superintendent of schools
This amendment to the responsibilities
of the State Board of Education provides for the appointment
of a "Deputy Superintendent of Public Instruction
and three Associate Superintendents of Public Instruction."
This provided the first state appointment directly
responsible for the management of the state colleges.
-- JAD
1946
California Constitutional Amendment: Section 6
of Article IX and Section 15 of Article XII, preventing
any further absorption of state colleges into the
UC
Included in a number of provisions
related to California's public education system is
a section that forbid any transfer of any state college
from the governance of the State Board of Education
to the University of California's Board of Regents.
This section was added at the request of the State
Board following a bitter annexation of the Santa Barbara
State College to the University in 1944, and was a
response to plans by the University to absorb each
of the colleges over time to control enrollment and
program growth. -- JAD
1960
California Constitutional Amendment: Section 16
of Article XX, allowing for eight year terms for the
trustees of the state colleges
This amendment was specifically
passed to allow appointed members of the new Board
of Trustees of the State Colleges (what became the
California State University). This was the only proposed
constitutional provision that passed as a result of
the 1960 California Master Plan for Higher Education
completed under the auspices of the UC Board of Regents
and the State Board of Education.
The Master Plan had proposed incorporation
of the missions and governance of the state's three
higher education systems into the state constitution.
This included a proposed amendment to establish the
Trustees of the State Colleges (what would become
the California State University) with the provision
that the Trustee have the status of a public trust
similar to the UC Board of Regents. Instead, lawmakers
placed the mission and governance into statute. --
JAD
1971
California Constitutional Amendment: Section 9
of Article IX, regarding meetings of the UC regents
This amendment required that meetings
of the UC Board of Regents "shall be public,
with exceptions and notice requirements as may be
provided by statute." -- JAD
1972
California Constitutional Amendment: Section 9
of Article IX, requiring state senate approval of
UC regents appointments
This amendment required that all
16 appointed members of the UC Board of Regent appointment
by the Governor now be "approved" by the
California State Senate.
1974
California Constitutional Amendment: Section 9
of Article IX
A number of changes were introduced
into Article IX regarding the UC Board of Regents
following a legislative review of the California Master
Plan for Higher Education. These included:
- Membership to the board no longer included the
President of the Mechanics Institute or the President
of the State Board of Agriculture.
- New members could include at the discretion of
the Board of Regents a representative of the faculty
(from UC or another higher education institution),
a student representative, and must include the Vice
President of the Alumni Association. Appointments
by the Governor, with State Senate approval, were
increased from 16 to 18 members.
- Henceforth, all appointed members served 12 year
terms (was 16).
- The statement that the membership on the board
should "be able persons broadly reflective
of the economic, cultural, and social diversity
of the state, including ethnic minorities and women."
- And a provision for an advisory committee to the
Governor regarding appointments to the Regents,
including members from the state legislature, the
faculty, UC students, and lay members.
-- JAD
1976
California Constitutional Amendment: Section 9
of Article IX, regarding UC admissions and competitive
bidding
This amendment provided a number
of changes regarding the University of California,
most significantly the addition of language that no
person shall be debarred admission to any department
of the university on account of "race, religion,
ethnic heritage," or sex. Previously, only gender
was listed in Section 9 (dating back to the 1879 Constitution
and reflecting a Regental order in 1871). This is
in addition to previous language also dating back
to the 1868 Organic Act establishing the University
of California that the institution "shall be
entirely independent of all political or sectarian
influence and kept free therefrom in the appointment
of its regents and in the administration of its affairs
. . . ." Another new provision added in this
amendment related to the requirement that the University
must follow competitive bidding procedures as mandated
by state legislation. -- JAD
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