Nevada State Question 1: Why the Higher Education Board Just Lost Its Armor

Nevada State Question 1: Why the Higher Education Board Just Lost Its Armor

The Nevada Board of Regents has operated like a fourth branch of government for over a century. It's weird, honestly. While every other state agency answers to the Governor or the Legislature, the group overseeing UNLV and UNR has long claimed it’s basically untouchable because the state constitution says so. But after years of internal drama and massive budget fights, Nevada State Question 1 finally changed the game.

It wasn't just a boring piece of paper. This was a power struggle.

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The core of the issue with Nevada State Question 1 was constitutional status. Since 1864, the Board of Regents was baked into the state's founding document. This gave them "constitutional status," which their lawyers often used as a shield. Whenever the Legislature tried to pass laws about how the universities were run, the Regents could essentially say, "You can't tell us what to do; we're in the constitution."

The Fight to Take the Regents Out of the Constitution

The push for Nevada State Question 1—also known as the Nevada Higher Education Reform, Accountability and Oversight Amendment—wasn't some sudden whim. It took years of political maneuvering. Specifically, the Nevada Legislature had to pass the resolution in two consecutive sessions (2021 and 2023) before it even landed on your ballot in 2024.

Why did they care so much? Because money.

The Nevada System of Higher Education (NSHE) handles billions. We're talking about a massive chunk of the state’s general fund. Legislators like Assemblywoman Heidi Kasama and former Regent-turned-lawmaker Selena La Rue Hatch argued that if the public is footing the bill, the public’s representatives should have a say in how that money is managed. Before the passage of Nevada State Question 1, the Board of Regents functioned with a level of autonomy that many found frustrating, especially during the chaotic tenure of former Chancellor Melody Rose, who resigned after alleging a "hostile work environment" created by certain board members.

That scandal was a turning point. It made the "academic freedom" argument look like a cover for "lack of accountability."

What changed after the vote?

The biggest misconception is that Nevada State Question 1 abolished the Board of Regents. It didn't. They still exist. They still get elected. They still hire the chancellors. What actually happened is that they were moved from the Constitution to the State Statutes.

Think of it like moving a tenant from an iron-clad lifetime lease to a standard month-to-month agreement. The Legislature now has the explicit power to audit them, change their structure, or even potentially shift from an elected board to an appointed one in the future without needing a statewide vote to change the constitution again. It’s about legislative oversight.

Arguments for and against Nevada State Question 1

Supporters were a mix of business leaders and frustrated lawmakers. They pointed to the fact that Nevada was an outlier. Most states don’t give their university regents this kind of constitutional "get out of jail free" card. They argued that the board was too focused on political infighting and not enough on the actual students at CSN, NSC, or the big universities.

"The Board of Regents has used its constitutional status to avoid the same accountability that every other state agency faces," was the common refrain.

But there were real concerns on the other side. Opponents, including some long-time faculty members and a few sitting Regents, worried about political interference. If the Legislature has more power, does that mean university curriculum becomes a political football? Could a future governor use budget threats to silence controversial research? They saw the "constitutional shield" as a necessary barrier to keep the ivory tower from being knocked over by the political winds in Carson City.

Honestly, both sides had a point. But the "accountability" argument eventually won out with the voters.

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The 2024 Election Result and the Future of NSHE

When the dust settled on the 2024 election, Nevada State Question 1 passed. It wasn't a landslide, but it was decisive. People were tired of the headlines about board dysfunction.

So, what happens now?

We are currently seeing the first waves of this new reality. The Nevada Legislature is no longer asking for permission to look at NSHE's books; they are demanding it. There is already talk in the 2025-2026 sessions about reforming the funding formula—the complicated math that decides how many dollars go to UNLV versus UNR. In the past, the Regents had a death grip on that process. Now, the power dynamic has shifted toward the lawmakers who write the checks.

Real-world impact for students and faculty

If you're a student at UNR or UNLV, you might not notice a difference tomorrow. Your professors are still there. Your tuition is still high. But in the long run, Nevada State Question 1 could lead to:

  • More rigorous audits: Expect to see where every penny of student fees is actually going.
  • Structural changes: There is a growing movement to split the board so that community colleges have their own governance, separate from the research universities.
  • Political appointments: Don't be surprised if there's a push to make at least some Regent seats appointed by the Governor rather than elected, a move proponents say would bring more expertise (and less grandstanding) to the board.

Misconceptions cleared up

I've heard people say this was a "Republican" or "Democratic" power grab. It really wasn't. The push for Nevada State Question 1 had surprising bipartisan support. You had conservative business groups aligned with progressive labor unions. Everyone was basically annoyed with how the NSHE was being run.

Another big one: "The Governor now runs the universities." No. The Governor doesn't have a seat on the board, and the Board of Regents still makes the day-to-day decisions. The difference is that if they mess up, the Legislature can pass a law to fix it without being told it's unconstitutional.

If you are a Nevada taxpayer or a student, the best thing you can do is pay attention to the Nevada Legislative Counsel Bureau (LCB) audits. For the first time in decades, these auditors have the "teeth" provided by the passage of Nevada State Question 1.

Next Steps for Nevadans:

  1. Monitor the 2025-2027 Legislative Sessions: Watch for bills specifically targeting "NSHE Governance." These will be the first real tests of the new power structure.
  2. Check Board of Regents Meeting Minutes: Now that the "constitutional" defense is gone, watch how the board interacts with state officials. Are they more transparent? They should be.
  3. Voter Awareness: Keep an eye on your local Regent races. Even though the board is no longer in the constitution, the people sitting in those seats still control the direction of Nevada's higher education.
  4. Review the Audit Reports: Look for the LCB's upcoming reports on university spending. This is where the "accountability" promised by Question 1 will either manifest or fail.

The shield is gone. Now we see if the sword of legislative oversight actually makes Nevada's colleges better, or just more political.