SB 106-17: Educational Foundation Program Act (Tabled)
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  SB 106-17: Educational Foundation Program Act (Tabled)
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Author Topic: SB 106-17: Educational Foundation Program Act (Tabled)  (Read 2622 times)
Joseph Cao
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« Reply #25 on: December 29, 2021, 12:00:20 PM »

Abstain.
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Joseph Cao
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« Reply #26 on: December 30, 2021, 11:59:33 AM »

By a vote of 10-6-1-1, the required threshold is not reached, cloture fails, and debate resumes.
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Joseph Cao
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« Reply #27 on: December 30, 2021, 12:01:02 PM »

Anyway, Spark, just for starters I would like a full accounting of what each clause in Section 3 does and how the entire section works.
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Spark
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« Reply #28 on: December 30, 2021, 08:39:22 PM »

Anyway, Spark, just for starters I would like a full accounting of what each clause in Section 3 does and how the entire section works.

Section 3. Costs & Funding

1. DETERMINING COST OF FOUNDATION PROGRAM.

a. In determining the cost of the Foundation Program, the Legislature, based on the recommendation of the State Board of Education, shall proceed to find the following allowable costs for each local board of education: Teachers' salaries, fringe benefits, classroom instructional support, student growth, and other current expense. The rate per employee set by the Legislature for teachers' retirement and employees' health insurance shall be in effect for the entire fiscal year and shall not be increased by the Teachers' Retirement System or the Public Education Employees' Health Insurance Board, except by further action of the Legislature.

This section works to grant teachers additional fringe benefits, and determine the costs for the local boards of education. It grants greater autonomy and local control to regions and municipalities.

b. The Foundation Program allowance for salaries of teachers shall be determined as follows: In recommending to the Governor and the Legislature the State Minimum Salary Schedule the Board of Education shall give due consideration to degree level, certification, and public education experience. Any teacher, including, but not limited to, a vocational education teacher, currently under contract in excess of 187 days shall not have the term or salary of his or her contract reduced as a result of this article.

This section figures out the requisite salaries for teachers based on their credentials. I'm trying to institute a system of merit for compensation. It also keeps the calendar requirements for the school year in line.

b. The Foundation Program allowance for fringe benefits shall be determined by multiplying a uniform percentage times the amount of teachers' salaries allowed in paragraph a. above or by multiplying a fixed rate depending on the type of fringe benefit. The fringe benefits allowances shall include amounts for the employer's contribution for teachers' retirement, health insurance, Social Security, Medicare, unemployment compensation, personal leave, and sick leave. The fringe benefits allowance may include allowances for other fringe benefits as may be approved by the State Legislature. The State Legislature shall seek the input and advice of appropriate agencies and individuals in setting allowances. The Teachers' Retirement System and the Public Education Employees' Health Insurance Board shall recommend to the Legislature, on or before the first legislative day of each regular session of the Legislature, the rate for the following fiscal year. The Legislature shall set the rate in the annual appropriation bill.

This part provides a formula for the rate that determines fringe benefits.

c. The Foundation Program allowance for classroom instructional support shall be determined by multiplying a uniform amount times the number of teacher units allowed in Section 16-13-232. The uniform amount shall include allowances for library enhancement, classroom materials and supplies, professional development, and technology. The library enhancement appropriation shall be for K-12 Public School Library/Media Centers and is an absolute appropriation. Other expenditures may include book binding, repair, CD Roms, computer software, computer equipment, cataloging, audio-visual materials, newspapers, magazines, recordings, and video tapes. The uniform amount may include allowances for other classroom instructional support as may be approved by the State Board of Education. The Foundation Program allowance for classroom instructional support shall also include an allowance for textbooks which shall be determined on a per pupil basis. The number of pupils shall be determined by the number of pupils in average daily membership during the first 20 scholastic days after Labor Day of the preceding school year. The Board of Education shall recommend to the Governor the amount for each cost factor included in classroom instructional support on or before December 1 of the current fiscal year for the ensuing fiscal year.
This section allows for additional instructional materials if necessary if required by the teacher. The teacher should request this funding through the local board of education.

d. The Foundation Program allowance for other current expense shall be determined by multiplying a uniform amount by the number of earned units. The uniform amount shall be recommended by the  Board of Education to the Governor on or before December 1 of the current fiscal year for the ensuing fiscal year.

Again, this is how expenses are figured out.

e. The Foundation Program allowance for student growth shall be determined by multiplying the combined allowances in paragraphs a. through d. of subdivision (2) on a per student basis by the net year over year growth of average daily membership for non-virtual students for the two preceding school years. This allowance, for fiscal year 2022, shall be funded net of the amount received by the school system under the preexisting Current Units allotment and 100% thereafter. The net student growth attributable to full-time virtual students shall be funded at a rate determined by the State Department of Education based on the average cost to districts of educating a full-time virtual student beginning in fiscal year 2022.

This specifies how the foundation program will provide an allowance for the cost each student's materials.

f. The State Board of Education may cause, from time to time, a study of allowances for teachers' salaries, fringe benefits, classroom instructional support, student growth, and other current expense of local boards of education to be conducted and, based on the results of the study, may propose any necessary changes to the Governor and Legislature.

This clause allows the expenditure allowances to be adjusted if necessary.

g. The total cost of the Foundation Program for any local board of education shall be the total allowed for teachers' salaries, for fringe benefits, for classroom instructional support, for student growth, and for other current expense. The allowances herein to the local boards of education shall be expended subject to all applicable laws, rules, and regulations; however, the total funds calculated in the total cost of the Foundation Program for teachers' salaries shall be expended for salaries within the instructional program.

Lastly, this final clause mentions how the foundation program will compensate for teachers' salaries.
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Southern Senator North Carolina Yankee
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« Reply #29 on: February 12, 2022, 09:32:27 PM »

Section 3, would run afoul of the provisions of the recent Budget Process Act as it from my quick read delegates the cost determination to non-playable entities (read the Comptroller/GM), and doesn't explicitly authorize a specific amount.

This would not stop the bill from being passed, what it would do is necessitate a later authorization (with a specific amount) and then of course appropriations (inclusion in the budget passed for a given FY) for any money to go anywhere with regards to this program.
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« Reply #30 on: February 14, 2022, 02:12:57 AM »

https://talkelections.org/FORUM/index.php?topic=479274.0

Senate rules on the other hand are now a different matter. I actually forgot about this last night mainly because I was thinking in a budget frame of mind as opposed to a Senate rules frame of mind.
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WD
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« Reply #31 on: February 23, 2022, 04:20:34 PM »

With Spark having resigned, his sponsorship is automatically withdrawn, and this bill will be taken off the floor in 48 hours if no Senators offers to be a sponsor.
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Joseph Cao
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« Reply #32 on: February 24, 2022, 02:20:18 AM »

Requesting to sponsor.
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WD
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« Reply #33 on: February 24, 2022, 02:20:53 AM »

24 hours to object to Cao’s sponsorship motion
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West_Midlander
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« Reply #34 on: March 22, 2022, 08:32:53 AM »

Amendment. Any improvements upon this are welcome.

Additions are in bold, removed portions are struckthrough.

Quote
AN ACT
To provide for the next generation of Atlasians

Be it enacted in the Senate of the Republic of Atlasia assembled,

Quote
Educational Foundation Program Act (EFPA)

Section 1. Establishment

1. In addition to all other appropriations and apportionments of public school money now provided by law and made available for public schools there shall be apportioned and paid to local boards of education from the Foundation Program Fund, the amounts to be determined as hereinafter provided and in accordance with regulations.

This Foundation Program Fund shall be used principally:

(1) To aid in providing at least a 180 full instructional day minimum school term, or the hourly equivalent thereof, except as otherwise provided in paragraph c. of subdivision (1) of subsection (b); and,

(2) To assist in the promotion of educational opportunity for all children in the public schools.

(b) The following requirements and procedures, supplemented when necessary by regulations of the regional Board of Education, shall govern the apportionment of the fund:

Section 2. REQUIREMENTS FOR PARTICIPATING IN FUND

a. In order for a local board of education to share in the apportionment of the Foundation Program Fund and to receive the maximum benefits therefrom, the board shall meet the following conditions:

i. The appropriate local governing body must insure that the local board of education within its jurisdiction is receiving an amount of local tax receipts equivalent to ten mills of school tax as computed from the most current assessed valuation of property which comprises the school tax district or districts of the local board of education. The Superintendent of Education shall determine compliance with this provision of the law in accordance with rules or procedures adopted by the regional Board of Education. In determining compliance for a county board of education, tax revenues provided to the county board of education from the county, from whatever tax source derived, shall be considered. In determining compliance for a city board of education, tax revenues provided to the city board of education by the county and the city, from whatever tax source derived, shall be considered.

ii. In the expenditure of all funds available for the Foundation Program as herein defined, the local board of education shall as nearly as practicable provide the same length of term in all schools.

iii. The local board of education shall provide a school term of at least 180 full instructional days, or the hourly equivalent of no less than 1080 instructional hours. The local academic school calendar shall be annually established by the local board of education, within the parameters of subparagraph
iv. In case the local board of education fails to operate any schools the minimum 180 full instructional day term, or the hourly equivalent thereof, or the minimum term as defined by the Board of Education, the Foundation Program allowances of the local board of education shall be computed only for the actual period the schools are in session that school year.

v. In extreme circumstances involving natural occurrences, health-related occurrences, or other extenuating circumstances that result in the cancellation of an instructional day, a local board of education may submit a plan for the approval of the Superintendent of Education to replace cancelled instructional days by adjusting the school calendar to extend the hours of actual teaching time on specified instructional days.

At any time that a Governor declares a state of emergency for any part of the region, any affected school system that is closed as a result and loses student days or employee days, or both, may appeal to the State Superintendent of Education for relief in fulfilling the local school calendar with respect to student days or employee days, or both, with no loss of income to employees.

vi. The local board of education, in providing the minimum required number of instructional days or hours, shall have greater flexibility in establishing the school calendar by adjusting the days or extending the hours of actual teaching or instructional time provided on specified instructional days for the schools under the jurisdiction of the local board. The academic school calendar, established by the local board of education, shall include the minimum required number of instructional days or hours.

vii. The local board of education shall expend funds for teachers' salaries in accordance with a salary schedule adopted by the local board of education and approved by the State Superintendent of Education. The salary schedule shall be at least 100 percent of those salary amounts specified in the State Minimum Salary Schedule by cell.

The local board of education shall allocate state and local Foundation Program funds to each school in an equitable manner, based on the needs of the students and the schools, as reflected in the current year's actual student populations, including at-risk students, students receiving special education services, and students enrolled in vocational/technical educational programs. The local board of education shall report annually to the Board of Education on how all state and local funds for public education, including Foundation Program funds and capital outlay funds, have been allocated to each of its schools or area vocational centers.

e. The local board of education shall submit to the State Superintendent of Education, under the regulations of the State Board of Education, the following:

1. A proposed building program which sets out in detail the location of all present and proposed buildings; which indicates proposed educational centers and grades to be taught at these centers and which provides schools for all children of the local board of education.

2. Except for those city boards of education not maintaining a transportation system, a proposed transportation program showing the proposed routing of buses and the condition of all roads to be used for transportation.

3. A proposed professional development program which sets out in detail the professional development needs of employees of the local board of education.

4. A proposed technology program which sets out in detail the proposed expenditures of technology funds.

5. A proposed program for the provision of services to students with disabilities and gifted students in compliance with applicable state and federal laws.

6. A proposed program for the provision of vocational educational services in compliance with applicable state and federal laws.

7. A proposed program for the provision of educational services to at-risk students in compliance with applicable state and federal laws. The proposed program for at-risk students shall include the provision that all funds allocated shall be spent for at-risk students.

8. The local board of education shall meet such other standards as may be set up by the State Board of Education to promote improved educational opportunity and provide better schools.

Section 3. Costs & Funding

1. $100,000,000 shall be allocated to the Foundation for its operations and distribution of those funds to local boards of education to be spent over the next ten years. This money shall be drawn from federal income taxes.

2. The Foundation shall create a website to garner private donations to aid in the operation of this Foundation and to aid local boards of education.

3. Should this Foundation run out of funds, the Foundation will cease operations until the federal government approves additional funding. Funding should be spent conservatively to allow the Foundation to operate for ten years without additional governmental funding.


1. DETERMINING COST OF FOUNDATION PROGRAM.

a. In determining the cost of the Foundation Program, the Legislature, based on the recommendation of the State Board of Education, shall proceed to find the following allowable costs for each local board of education: Teachers' salaries, fringe benefits, classroom instructional support, student growth, and other current expense. The rate per employee set by the Legislature for teachers' retirement and employees' health insurance shall be in effect for the entire fiscal year and shall not be increased by the Teachers' Retirement System or the Public Education Employees' Health Insurance Board, except by further action of the Legislature.

b. The Foundation Program allowance for salaries of teachers shall be determined as follows: In recommending to the Governor and the Legislature the State Minimum Salary Schedule the Board of Education shall give due consideration to degree level, certification, and public education experience. Any teacher, including, but not limited to, a vocational education teacher, currently under contract in excess of 187 days shall not have the term or salary of his or her contract reduced as a result of this article.

b. The Foundation Program allowance for fringe benefits shall be determined by multiplying a uniform percentage times the amount of teachers' salaries allowed in paragraph a. above or by multiplying a fixed rate depending on the type of fringe benefit. The fringe benefits allowances shall include amounts for the employer's contribution for teachers' retirement, health insurance, Social Security, Medicare, unemployment compensation, personal leave, and sick leave. The fringe benefits allowance may include allowances for other fringe benefits as may be approved by the State Legislature. The State Legislature shall seek the input and advice of appropriate agencies and individuals in setting allowances. The Teachers' Retirement System and the Public Education Employees' Health Insurance Board shall recommend to the Legislature, on or before the first legislative day of each regular session of the Legislature, the rate for the following fiscal year. The Legislature shall set the rate in the annual appropriation bill.

c. The Foundation Program allowance for classroom instructional support shall be determined by multiplying a uniform amount times the number of teacher units allowed in Section 16-13-232. The uniform amount shall include allowances for library enhancement, classroom materials and supplies, professional development, and technology. The library enhancement appropriation shall be for K-12 Public School Library/Media Centers and is an absolute appropriation. Other expenditures may include book binding, repair, CD Roms, computer software, computer equipment, cataloging, audio-visual materials, newspapers, magazines, recordings, and video tapes. The uniform amount may include allowances for other classroom instructional support as may be approved by the State Board of Education. The Foundation Program allowance for classroom instructional support shall also include an allowance for textbooks which shall be determined on a per pupil basis. The number of pupils shall be determined by the number of pupils in average daily membership during the first 20 scholastic days after Labor Day of the preceding school year. The Board of Education shall recommend to the Governor the amount for each cost factor included in classroom instructional support on or before December 1 of the current fiscal year for the ensuing fiscal year.

d. The Foundation Program allowance for other current expense shall be determined by multiplying a uniform amount by the number of earned units. The uniform amount shall be recommended by the  Board of Education to the Governor on or before December 1 of the current fiscal year for the ensuing fiscal year.

e. The Foundation Program allowance for student growth shall be determined by multiplying the combined allowances in paragraphs a. through d. of subdivision (2) on a per student basis by the net year over year growth of average daily membership for non-virtual students for the two preceding school years. This allowance, for fiscal year 2022, shall be funded net of the amount received by the school system under the preexisting Current Units allotment and 100% thereafter. The net student growth attributable to full-time virtual students shall be funded at a rate determined by the State Department of Education based on the average cost to districts of educating a full-time virtual student beginning in fiscal year 2022.

f. The State Board of Education may cause, from time to time, a study of allowances for teachers' salaries, fringe benefits, classroom instructional support, student growth, and other current expense of local boards of education to be conducted and, based on the results of the study, may propose any necessary changes to the Governor and Legislature.

g. The total cost of the Foundation Program for any local board of education shall be the total allowed for teachers' salaries, for fringe benefits, for classroom instructional support, for student growth, and for other current expense. The allowances herein to the local boards of education shall be expended subject to all applicable laws, rules, and regulations; however, the total funds calculated in the total cost of the Foundation Program for teachers' salaries shall be expended for salaries within the instructional program.

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WD
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« Reply #35 on: March 22, 2022, 11:51:14 AM »

24 hours to object
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WD
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« Reply #36 on: March 23, 2022, 08:34:34 PM »

Amendment is adopted
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beesley
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« Reply #37 on: March 23, 2022, 08:50:30 PM »

Just because a bill is long does not make it specific. The bill is full of vague terminology with no precedent in law, and so its interpretation may be far from intended.
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« Reply #38 on: March 23, 2022, 08:51:47 PM »
« Edited: March 23, 2022, 08:55:45 PM by more masculine and chiseled than most 30 year olds I know »

I applaud the gentleman's actions in helping refine this bill. I present further refinements, which will support the Atlasian school system in its efforts to remain a pioneering force. Atlasian students must be provided with the resources needed to succeed, including a slight increase in instruction time, which will allow students to remain competitive in a global economy and relieve the pressure on teachers.


Quote
AN ACT
To provide for the next generation of Atlasians

Be it enacted in the Senate of the Republic of Atlasia assembled,

Quote
Educational Foundation Program Act (EFPA)

Section 1. Establishment

1. In addition to all other appropriations and apportionments of public school money now provided by law and made available for public schools there shall be apportioned and paid to local boards of education from the Foundation Program Fund, the amounts to be determined as hereinafter provided and in accordance with regulations.

This Foundation Program Fund shall be used principally:

(1) To aid in providing at least a 180 198 full instructional day minimum school term, or the hourly equivalent thereof, except as otherwise provided in paragraph c. of subdivision (1) of subsection (b); and,

(2) To assist in the promotion of educational opportunity for all children in public schools.

(b) The following requirements and procedures, supplemented when necessary by regulations of the regional Board of Education, shall govern the apportionment of the fund:

Section 2. REQUIREMENTS FOR PARTICIPATING IN FUND

a. In order for a local board of education to share in the apportionment of the Foundation Program Fund and to receive the maximum benefits therefrom, the board shall meet the following conditions:

i. The appropriate local governing body must insure that the local board of education within its jurisdiction is receiving an amount of local tax receipts equivalent to ten twenty mills of school tax as computed from the most current assessed valuation of property which comprises the school tax district or districts of the local board of education. The Superintendent of Education shall determine compliance with this provision of the law in accordance with rules or procedures adopted by the regional Board of Education. In determining compliance for a county board of education, tax revenues provided to the county board of education from the county, from whatever tax source derived, shall be considered. In determining compliance for a city board of education, tax revenues provided to the city board of education by the county and the city, from whatever tax source derived, shall be considered.

ii. In the expenditure of all funds available for the Foundation Program as herein defined, the local board of education shall as nearly as practicable provide the same length of term in all schools.

iii. The local board of education shall provide a school term of at least 180 198 full instructional days, or the hourly equivalent of no less than 1080 1188 instructional hours. The local academic school calendar shall be annually established by the local board of education, within the parameters of subparagraph
iv. In case the local board of education fails to operate any schools the minimum 180 198 full instructional day term, or the hourly equivalent thereof, or the minimum term as defined by the Board of Education, the Foundation Program allowances of the local board of education shall be computed only for the actual period the schools are in session that school year.

v. In extreme circumstances involving natural occurrences, health-related occurrences, or other extenuating circumstances that result in the cancellation of an instructional day, a local board of education may submit a plan for the approval of the Superintendent of Education to replace cancelled instructional days by adjusting the school calendar to extend the hours of actual teaching time on specified instructional days.

At any time that a Governor declares a state of emergency for any part of the region, any affected school system that is closed as a result and loses student days or employee days, or both, may appeal to the State Superintendent of Education for relief in fulfilling the local school calendar with respect to student days or employee days, or both, with no loss of income to employees.

vi. The local board of education, in providing the minimum required number of instructional days or hours, shall have greater flexibility in establishing the school calendar by adjusting the days or extending the hours of actual teaching or instructional time provided on specified instructional days for the schools under the jurisdiction of the local board. The academic school calendar, established by the local board of education, shall include the minimum required number of instructional days or hours.

vii. The local board of education shall expend funds for teachers' salaries in accordance with a salary schedule adopted by the local board of education and approved by the State Superintendent of Education. The salary schedule shall be at least 100 125 percent of those salary amounts specified in the State Minimum Salary Schedule by cell.

The local board of education shall allocate state and local Foundation Program funds to each school in an equitable manner, based on the needs of the students and the schools, as reflected in the current year's actual student populations, including at-risk students, students receiving special education services, and students enrolled in vocational/technical educational programs. The local board of education shall report annually to the Board of Education on how all state and local funds for public education, including Foundation Program funds and capital outlay funds, have been allocated to each of its schools or area vocational centers.

e. The local board of education shall submit to the State Superintendent of Education, under the regulations of the State Board of Education, the following:

1. A proposed building program which sets out in detail the location of all present and proposed buildings; which indicates proposed educational centers and grades to be taught at these centers and which provides schools for all children of the local board of education.

2. Except for those city boards of education not maintaining a transportation system, a proposed transportation program showing the proposed routing of buses and the condition of all roads to be used for transportation.

3. A proposed professional development program which sets out in detail the professional development needs of employees of the local board of education.

4. A proposed technology program which sets out in detail the proposed expenditures of technology funds.

5. A proposed program for the provision of services to students with disabilities and gifted students in compliance with applicable state and federal laws.

6. A proposed program for the provision of vocational educational services in compliance with applicable state and federal laws.

7. A proposed program for the provision of educational services to at-risk students in compliance with applicable state and federal laws. The proposed program for at-risk students shall include the provision that all funds allocated shall be spent for at-risk students.

8. The local board of education shall meet such other standards as may be set up by the State Board of Education to promote improved educational opportunity and provide better schools.

Section 3. Costs & Funding

1. $10,000,000,000 shall be allocated to the Foundation for its operations and distribution of those funds to local boards of education to be spent over the next fifteen ten years. This money shall be drawn from federal income taxes.

2. The Foundation shall create a website to garner private donations to aid in the operation of this Foundation and to aid local boards of education.

3. Should this Foundation run out of funds, the Foundation's spending shall be supplemented by means of a newly-created Atlasian Schools Emergency Slush Fund, which is to support operations until such time as further funding is allocated by the Atlasian Government.  will cease operations until the federal government approves additional funding. Funding should be spent liberally to prioritize the well-being of Atlasia's children. conservatively to allow the Foundation to operate for ten years without additional governmental funding.


4. $1,000,000,000 shall be allocated to the Atlasian Schools Emergency Slush Fund, to be held with a domestic banking institution in liquid form.

5. The total anticipated spending of this bill is $11,000,000,000.


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WD
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« Reply #39 on: March 24, 2022, 02:25:23 AM »

24 hours to object
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West_Midlander
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« Reply #40 on: March 24, 2022, 05:59:12 AM »

I object.
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Deep Dixieland Senator, Muad'dib (OSR MSR)
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« Reply #41 on: March 24, 2022, 06:20:45 AM »


Don't you mean 24 seconds? Wink
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West_Midlander
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« Reply #42 on: March 26, 2022, 04:42:09 AM »

The PPT is actively spewing election misinformation on the AFE board but he can't open a vote on this amendment?

I encourage all Senators to oppose this amendment which seeks to tank this legislation by making this program into a slush fund.
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WD
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« Reply #43 on: March 26, 2022, 11:52:49 AM »

A vote is now open on the amendment. Please vote Aye, Nay, or Abstain.
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West_Midlander
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« Reply #44 on: March 26, 2022, 11:56:11 AM »

Nay
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« Reply #45 on: March 26, 2022, 01:39:20 PM »

Aye. We must fund our schools for the children.
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Saint Milei
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« Reply #46 on: March 26, 2022, 02:00:47 PM »

Nay
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WD
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« Reply #47 on: March 26, 2022, 02:02:11 PM »

Aye
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beesley
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« Reply #48 on: March 27, 2022, 04:05:23 AM »

Aye
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« Reply #49 on: March 27, 2022, 11:45:06 AM »

Nay
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