=== Section 6. ===
1. A board of higher education, to be officially known as the state board of higher
education, is hereby created for the control and administration of the following state
educational institutions, to wit:
a. The state university and school of mines, at Grand Forks, with their substations.
b. The state agricultural college and experiment station, at Fargo, with their
substations.
c. The school of science, at Wahpeton.
d. The state normal schools and teachers colleges, at Valley City, Mayville, Minot,
and Dickinson.
e. The school of forestry, at Bottineau.
f. And such other state institutions of higher education as may hereafter be
established.
2.
a. The state Board of Higher Education shall consist of seven members, all
of whom shall be qualified electors and taxpayers of the state, and who shall
have resided in this state for not less than five years immediately preceding
their appointment, to be appointed by the governor, by and with the consent of
the senate, from a list of names selected as hereinafter provided.
There shall not be on said board more than one graduate of any one of the
institutions under the jurisdiction of the state Board of Higher Education at
any one time. No person employed by any institution under the control of the
board shall serve as a member of the board, nor shall any employee of any such
institution be eligible for membership on the state Board of Higher Education
for a period of two years following the termination of his employment.
On or before the first day of February, 1939, the governor shall nominate from a
list of three names for each position, selected by the unanimous action of the
President of the North Dakota Educational Association, the Chief Justice of the
Supreme Court, and the Superintendent of Public Instruction, and, with the
consent of a majority of the members-elect of the senate, shall appoint from
such list as such state Board of Higher Education seven members, whose terms
shall commence on the first day of July, 1939, one of which terms shall expire
on the thirtieth day of June, 1940, and one on the thirtieth day of June in each
of the years 1941, 1942, 1943, 1944, 1945, and 1946. The term of office of
members appointed to fill vacancies at the expiration of said terms shall be for
seven years, and in the case of vacancies otherwise arising, appointments shall
be made only for the balance of the term of the members whose places are to be
filled.
b. In the event any nomination made by the governor is not consented to and
confirmed by the senate as hereinbefore provided, the governor shall again
nominate a candidate for such office, selected from a new list, prepared in the
manner hereinbefore provided, which nomination shall be submitted to the senate
for confirmation, and said proceedings shall be continued until such
appointments have been confirmed by the senate, or the session of the
legislature shall have adjourned.
c. When any term expires or a vacancy occurs when the legislature is not in
session, the governor may appoint from a list selected as hereinbefore provided,
a member who shall serve until the opening of the next session of the
legislature, at which time his appointment shall be certified to the senate for
confirmation, as above provided; and if the appointment be not confirmed by the
thirtieth legislative day of such session, his office shall be deemed vacant and
the governor shall nominate from a list selected as hereinbefore provided,
another candidate for such office and the same proceedings shall be followed as
are above set forth; provided further, that when the legislature shall be in
session at any time within six months prior to the date of the expiration of the
term of any member, the governor shall nominate his successor from a list
selected as above set forth, within the first thirty days of such session, and
upon confirmation by the senate such successor shall take office at the
expiration of the term of the incumbent. No person who has been nominated and
whose nomination the senate has failed to confirm shall be eligible for an
interim appointment.
3. The members of the state board of higher education may only be removed by
impeachment for the offenses and in the manner and according to the procedure
provided for the removal of the governor by impeachment proceedings.
4. Each appointive member of the state board of higher education, except the student
member, shall receive compensation set by the legislative assembly for the time
actually spent devoted to the duties of the member's office. All members shall receive
necessary expenses in the same manner and amounts as other state officials for
attending meetings and performing other functions of their office.
5. The legislature shall provide adequate funds for the proper carrying out of the
functions and duties of the state board of higher education.
6.
a. The state board of higher education shall hold its first meeting at the office of the
state board of administration at Bismarck, on the 6th day of July, 1939, and shall
organize and elect one of its members as president of such board for a term of
one year. It shall also at said meeting, or as soon thereafter as may be
practicable, elect a competent person as secretary, who shall reside during his
term of office in the city of Bismarck, North Dakota. Said secretary shall hold
office at the will of the board. As soon as said board is established and
organized, it shall assume all the powers and perform all the duties now
conferred by law upon the board of administration in connection with the several
institutions hereinbefore mentioned, and the said board of administration shall
immediately upon the organization of said state board of higher education,
surrender and transfer to said state board of higher education all duties, rights,
and powers granted to it under the existing laws of this state concerning the
institutions hereinbefore mentioned, together with all property, deeds, records,
reports, and appurtenances of every kind belonging or appertaining to said
institutions.
b. The said state board of higher education shall have full authority over the
institutions under its control with the right, among its other powers, to prescribe,
limit, or modify the courses offered at the several institutions. In furtherance of
its powers, the state board of higher education shall have the power to delegate
to its employees details of the administration of the institutions under its control.
The said state board of higher education shall have full authority to organize or
reorganize within constitutional and statutory limitations, the work of each
institution under its control, and do each and everything necessary and proper
for the efficient and economic administration of said state educational
institutions.
c. Said board shall prescribe for all of said institutions standard systems of
accounts and records and shall biennially, and within six (6) months immediately
preceding the regular session of the legislature, make a report to the governor,
covering in detail the operations of the educational institutions under its control.
d. It shall be the duty of the heads of the several state institutions hereinbefore
mentioned, to submit the budget requests for the biennial appropriations for said
institutions to said state board of higher education; and said state board of
higher education shall consider said budgets and shall revise the same as in its
judgment shall be for the best interests of the educational system of the state;
and thereafter the state board of higher education shall prepare and present to
the state budget board and to the legislature a single unified budget covering the
needs of all the institutions under its control. "Said budget shall be prepared and
presented by the board of administration until the state board of higher
education organizes as provided in subsection 6a." The appropriations for all of
said institutions shall be contained in one legislative measure. The budgets and
appropriation measures for the agricultural experiment stations and their
substations and the extension division of the North Dakota state university of
agriculture and applied science may be separate from those of state educational
institutions.
e. The said state board of higher education shall have the control of the
expenditure of the funds belonging to, and allocated to such institutions and also
those appropriated by the legislature, for the institutions of higher education in
this state; provided, however, that funds appropriated by the legislature and
specifically designated for any one or more of such institutions, shall not be
used for any other institution.
7.
a. The state board of higher education shall, as soon as practicable, appoint for a
term of not to exceed three (3) years, a state commissioner of higher education,
whose principal office shall be at the state capitol, in the city of Bismarck. Said
commissioner of higher education shall be responsible to the state board of
higher education and shall be removable by said board for cause.
b. The state commissioner of higher education shall be a graduate of some
reputable college or university, and who by training and experience is familiar
with the problems peculiar to higher education.
c. Such commissioner of higher education shall be the chief executive officer of
said state board of higher education, and shall perform such duties as shall be
prescribed by the board.
8. This constitutional provision shall be self-executing and shall
become effective without the necessity of legislative action.
[ [[https://www.legis.nd.gov/assembly/55-1997/ranch/SL7CNSTM.pdf#page=10|Amended Nov. 5, 1996]], effective Dec. 5, 1996]