Sen. Marilyn Dondero Loop, D-Las Vegas, and Assemblyman Tom Roberts, R-Las Vegas, on Tuesday introduced a constitutional amendment designed to end the long-standing dispute over how much autonomy the Board of Regents and Nevada System of Higher Education have.
That issue has ended up in court including before the Supreme Court twice as regents and the system argued the board’s unique constitutional status gives it, “virtual autonomy and thus immunity” from many laws and policies enacted by the Legislature.
The Supreme Court rejected that argument but conceded that the board’s constitutional status prevents lawmakers from passing laws that directly interfere with the board’s essential management and control of NSHE.
Senate Joint Resolution 7 would remove the constitutional language and make the Board of Regents a statutory elected body instead of constitutionally protected.
SJR7 says that at different times, the board has, “taken actions that hindered, thwarted or undermined the Legislature’s investigation, review and scrutiny of the institutions, programs and operations of (NSHE).”
“Like other public bodies, agencies and officers of the state government, the Board of Regents should be subject to the people’s legislative check of accountability through legislative oversight and the Board of Regents’ control and management of the affairs of the state University should be governed by all laws enacted by the Legislature.”
The proposed amendment says the statutory Board of Regents would remain an elected public body but the Legislature would gain much more control over the operations of NSHE.
