This November, Nevada voters will determine whether Article 11 of the Nevada Constitution will be amended to remove the Board of Regents. If Question 1 passes, the Board of Regents would still be the elected governing body of the Nevada System of Higher Education (NSHE) because the Board is established and its duties are specified in existing state laws as well as the Constitution. However, with the approval of Question 1, future Legislatures would be free to enact changes to those provisions and any state laws or regulations pertaining to NSHE.

As the NFA State Board, we greatly respect all our members’ decisions regarding Question 1 and do not seek to change members’ votes. We recognize that Question 1 comprises complex issues about the governance of higher education, especially with the lack of certainty about future legislative changes.

We have provided our members with information through forums with proponents and opponents of Question 1 and published members’ pro and con opinions and information about the ballot question. In our recent survey of NFA members on Question 1, 148 respondents were evenly divided, with 41% in support, 43% in opposition, and 16% undecided (margin of error 7%). Members were also divided on whether the NFA should remain neutral or take an official position.

Although we have previously been neutral on Question 1, guidance has been requested by many of our members and our labor movement allies, who have been looking to NFA’s expertise and experience with NSHE governance. As a result, on September 7, 2024, the State Board held a vigorous discussion about whether to take an official position or remain neutral on Question 1. This decision was made with the recognition that any formal position may cause political blowback but that not taking a position also has political implications. In our discussion, we determined that although Question 1 is flawed, it is the only available path for change. Therefore, the NFA State Board voted to endorse Question 1.

We based our decision on our decades-long observations of the Board of Regents and the legislature and also our relationships with Regents and legislators past and present. In endorsing Question 1, we also considered the following:

Inability to Reform: Few faculty or outside observers believe the Board of Regents as currently structured is working. After previous attempts to amend the Constitution to change to a hybrid appointed and elected board (2006) or remove the Board from the Constitution (2020) failed at the ballot box, the Board of Regents has not reformed itself or NSHE.

Low Bar to Serve as a Regent: The only qualification for running for Regent is being a district resident. Regents–including some who are currently serving–might not have experience in higher education, even as students. With the passage of Question 1, the legislature could impose minimum qualifications for Regents, ensure a balanced representation of faculty, students, and other stakeholders on the Board, or implement other useful reforms.

Racist, Transphobic, and Antisemitic Views: In just the past two years, at least four Regents have made offensive racist, transphobic, or antisemitic statements in public meetings or via social media. As stewards of the education of over 100,000 students, the Regents have a responsibility to respect students, not denigrate them. Despite discussing the problem for years, the board has failed to develop and implement a disciplinary process for those members who violate the Board of Regents’ own code of conduct.

Lack of Accountability: The Board has failed to hold the system administration and institutional presidents–or themselves–accountable. Despite the valiant efforts of some Regents to attend to the business of overseeing higher education, the Board spends much of its time arguing about process or with each other. The Board has been unable to hire or retain qualified chancellors, and large payouts have been given to departing executives.

Ideological Infiltration: Although there is a clear and present danger of political interference and attacks on academic freedom and shared governance by legislators and governors, low-information, down-ballot races promote the election of unqualified and anti-higher education candidates. The elected board is in danger of being taken over by such forces. It is easier for political actors who are antithetical to higher education to take over the Board of Regents than the state legislature.

There is indeed uncertainty and no guarantee regarding how future legislators and governors could change the governance of NSHE. Legislators with whom we have talked recognize that direct control by a biennial legislature is not feasible and intend to retain the Board of Regents as the governing body over Nevada’s public colleges and universities. Past legislative attempts to change the structure of NSHE (e.g., removing the community colleges from NSHE) have not gained traction. Legislative leadership is most interested in forcing NSHE to be fiscally transparent and accountable.

It is vital that faculty and student-serving NSHE professionals have a seat at the table in reforming the Board of Regents and NSHE. Although some current Regents attempt to marginalize the Nevada Faculty Alliance, we are recognized at the legislature as the independent voice of faculty and an accurate source of information about higher education. Our strength is our reputation and our voice at the legislature, as well as our coalitions with other public employee associations and the broader labor family. If Question 1 is approved by voters, NFA’s endorsement may help ensure that our voice for NSHE faculty and professionals will be heard by the legislators who will influence the future of higher education in Nevada. NFA’s bottom lines will include:

• Protection of academic freedom and shared governance.
• Retention of the Board of Regents as the statewide governing body and a centralized administrative structure for our universities and community colleges. This would not preclude separate institutional boards of trustees reporting to the Board of Regents or other measures for more effective oversight.
• Safeguards to ensure that no single governor and no single legislature can appoint or control a majority of any governing board.
• Professionalization of the Board of Regents through minimum qualifications, mandatory training, and a removal mechanism for malfeasance.

We recognize that not all our members will support our endorsement of Question 1. Regardless of the outcome, we encourage all our members to actively engage in efforts to reform higher education governance in our state.

As always, we welcome your feedback on this important issue.