alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
II 

109TH CONGRESS 

1ST SESSION S. 493 

To amend title II of the Higher Education Act of 1965 to increase teacher 

familiarity with the educational needs of gifted and talented students, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2005 

Mr. GRASSLEY (for himself, Mr. COCHRAN, Mr. LOTT, and Mr. BUNNING) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL

To amend title II of the Higher Education Act of 1965 

to increase teacher familiarity with the educational needs 

of gifted and talented students, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AMENDMENT TO TITLE II OF THE HIGHER EDU4 CATION ACT OF 1965. 

5 (a) STATE GRANTS.—Section 202(d) of the Higher 

6 Education Act of 1965 (20 U.S.C. 1022(d)) is amended 

7 by adding at the end the following: 

8 ‘‘(8) GIFTED AND TALENTED STUDENTS.—In9 corporating the learning needs of gifted and talented 
2

•S 493 IS

1 students into the activity described in paragraph (1), 

2 (2), or (3) in order to ensure that new teachers pos3 sess basic knowledge and skills necessary to meet 

4 the educational needs of gifted and talented stu5 dents. 

6 ‘‘(9) NEW-TEACHER MENTORING ON THE

7 NEEDS OF GIFTED AND TALENTED STUDENTS.—Es8 tablishing or expanding new-teacher mentoring and 

9 assessment programs (including induction and eval10 uation programs) that are a part of the licensure 

11 process that includes the development of a portfolio 

12 produced by the new teacher, under the supervision 

13 and guidance of a veteran teacher mentor, which is 

14 designed to demonstrate that the new teacher pos15 sesses basic knowledge of the classroom indicators of 

16 giftedness, is able to identify student learning dif17 ferences among gifted students, and is able to pro18 vide instruction to accommodate such differences.’’. 

19 (b) PARTNERSHIP GRANTS.—Section 203(e) of the 

20 Higher Education Act of 1965 (20 U.S.C. 1023(e)) is 

21 amended— 

22 (1) in paragraph (1), by striking ‘‘and limited 

23 English proficient individuals’’ and inserting ‘‘, lim24 ited English proficient individuals, and gifted and 

25 talented students’’; and 
3

•S 493 IS

1 (2) by adding at the end the following: 

2 ‘‘(5) GIFTED AND TALENTED STUDENTS.—In3 creasing the knowledge and skills of preservice 

4 teachers participating in activities under subsection 

5 (d) in the educational and related needs of gifted 

6 and talented students by, among other strategies, in7 fusing teacher coursework with units on the charac8 teristics of high-ability learners, using assessments 

9 to identify preexisting knowledge and skills among 

10 students, and developing teaching strategies that are 

11 driven by the learner’s progress.’’.

Æ
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               SEP-30-1997
<CASH>                                             520
<SECURITIES>                                         0
<RECEIVABLES>                                    8,056
<ALLOWANCES>                                       105
<INVENTORY>                                      4,159
<CURRENT-ASSETS>                                18,219
<PP&E>                                          47,036
<DEPRECIATION>                                  25,182
<TOTAL-ASSETS>                                  42,581
<CURRENT-LIABILITIES>                           16,977
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            41
<OTHER-SE>                                      11,022
<TOTAL-LIABILITY-AND-EQUITY>                    42,581
<SALES>                                         16,637
<TOTAL-REVENUES>                                16,637
<CGS>                                           14,365
<TOTAL-COSTS>                                   14,365
<OTHER-EXPENSES>                                 1,883
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 403
<INCOME-PRETAX>                                    389
<INCOME-TAX>                                     (141)
<INCOME-CONTINUING>                                248
<DISCONTINUED>                                       0    
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       248
<EPS-PRIMARY>                                      .06
<EPS-DILUTED>                                        0
<FN>
<F1>Net Assets of Discontinued Operations - 5,463
</FN>
        

</TABLE>
[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Page 23856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11798]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER06-615-000; ER07-1257-000; ER08-1178-000; EL08-88-000]


California Independent System Operator Corporation; Notice of 
FERC Staff Attendance

May 14, 2009.
    The Federal Energy Regulatory Commission (Commission) hereby gives 
notice that on May 15, 2009, members of its staff will attend a 
California Independent System Operator (CAISO) stakeholder conference 
call on Exceptional Dispatch. The agenda and other documents for the 
teleconference are available on the CAISO's Web site, http://www.caiso.com.
    Sponsored by the CAISO, the teleconference is open to all market 
participants, and Commission staff's attendance is part of the 
Commission's ongoing outreach efforts. The teleconference may discuss 
matters at issue in the above captioned dockets.
    For further information, contact Saeed Farrokhpay at 
<a href="/cdn-cgi/l/email-protection#8af9ebefefeea4ecebf8f8e5e1e2faebf3caeceff8e9a4ede5fc"><span class="__cf_email__" data-cfemail="5023313535347e363122223f3b3820312910363522337e373f26">[email protected]</span></a>; (916) 294-0322 or Maury Kruth at 
<a href="/cdn-cgi/l/email-protection#4d202c383f3463263f3839250d2b283f2e632a223b"><span class="__cf_email__" data-cfemail="1875796d6a6136736a6d6c70587e7d6a7b367f776e">[email protected]</span></a>, (916) 294-0275.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-11798 Filed 5-20-09; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Exhibit10.1
                                                                     -----------
                            Memorandum of Employment

<TABLE>
<CAPTION>

<S>                                           <C>

Employee:                                     Daniel J. Haslinger

Employer:                                     N-VIRO International Corporation

Effective Date:                               August 16, 2004

Salary:                                       $1,500.00 per month to be paid twice a month.

Fringe Benefits:                              Employee waives all N-VIRO salaried employee fringe benefits.

Expenses:                                     Employee shall be reimbursed up to $500.00 per month for reasonable expenses
                                              incurred in the Toledo area as part of employee's duties.

Duties:                                       Management of the N-VIRO Toledo Bayview Wastewater Treatment Facility.  Employee
                                              shall report to Phillip Levin, CEO.  Employee's duties shall also include
                                              management of N-VIRO material disposition from the Facility.

Title:                                        Manager

Term:                                         This employment agreement is terminable "at will" by either party without cause
                                              and without notice.

Bonus:                                        In the event that this employment agreement is in effect as of July 20, 2005, then
                                              the employee shall be entitled to the bonus incentive compensation described in
                                              attached Exhibit A.

</TABLE>



     /s/  Phillip  Levin
     -------------------
     N-VIRO  International  Corporation
     By:  Phillip  Levin,  Chairman  and  CEO

     /s/  Daniel  Haslinger
     ----------------------
     Daniel  J.  Haslinger

<PAGE>
                                    Exhibit A


     Bonus:     In  the  event  that  this  employment  agreement (or a modified
version)  is in effect as of July 20, 2005, then employee shall be entitled to a
bonus equal to 10% of the cost savings incurred in Facility product distribution
costs  for  the  period of August 1, 2004 thru July 31, 2005, as compared to the
previous  period  of  August  1,  2003 thru July 31, 2004.  Product distribution
costs  shall  be  calculated  by  adding product distribution trucking costs and
deducting  associated  product  revenue,  as  calculated  by  N-VIRO's  CFO.

<PAGE>
<TABLE> <S> <C>


<ARTICLE> 5
<CIK> 0000820526
<NAME> LUND INTERNATIONAL HOLDINGS, INC.
<MULTIPLIER> 1,000
       
<S>                            <C>
<PERIOD-TYPE>                  3-MOS
<FISCAL-YEAR-END>                                DEC-31-1998
<PERIOD-START>                                   JAN-01-1998
<PERIOD-END>                                     MAR-31-1998
<CASH>                                                 1,227
<SECURITIES>                                               0
<RECEIVABLES>                                         23,225
<ALLOWANCES>                                           1,918
<INVENTORY>                                           18,155
<CURRENT-ASSETS>                                      46,821
<PP&E>                                                20,669
<DEPRECIATION>                                         4,668
<TOTAL-ASSETS>                                       138,099
<CURRENT-LIABILITIES>                                 16,275
<BONDS>                                                3,630
<PREFERRED-MANDATORY>                                     15
<PREFERRED>                                                0
<COMMON>                                                 527
<OTHER-SE>                                            61,728
<TOTAL-LIABILITY-AND-EQUITY>                         138,099
<SALES>                                               27,185
<TOTAL-REVENUES>                                      27,185
<CGS>                                                 19,221
<TOTAL-COSTS>                                         26,401
<OTHER-EXPENSES>                                           0
<LOSS-PROVISION>                                          93
<INTEREST-EXPENSE>                                    (1,348)
<INCOME-PRETAX>                                         (507)
<INCOME-TAX>                                            (246)
<INCOME-CONTINUING>                                        0
<DISCONTINUED>                                             0
<EXTRAORDINARY>                                            0
<CHANGES>                                                  0
<NET-INCOME>                                            (261)
<EPS-PRIMARY>                                          (0.05)
<EPS-DILUTED>                                          (0.05)
        


</TABLE>
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

STEPHEN WETHERINGTON

, Appellant,

v.

CITY OF CORAL SPRINGS

, Appellee.

No. 4D2023

- 0086

[ December 7, 2023 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit,

Broward County; John B. Bowman, Judge; L.T. Case No. CACE18

- 015777.

William Robert Amlong and Jennifer E

. Daley of The Amlong Firm, Fort

Lauderdale, for appellant.

Chris J. Stearns and Jonathan H. Railey of Johnson, Anselmo,

Murdoch, Burke, Piper & Hochm an, P.A., Fort Lauderdale, for appellee.

P ER C URIAM

.

Affirmed

.

G ROSS

, G ERBER and C ONNER

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

The Board of Directors
   NPS Pharmaceuticals, Inc.:

We consent to incorporation by reference in the registration statements (Nos. 33-79622, 333-17521, 333-94269, 333-124821,
333-126817 and 333-126823) on Forms S-8 of NPS Pharmaceuticals, Inc. of our reports dated March 16, 2009, with respect to
the consolidated balance sheets of NPS Pharmaceuticals, Inc. and subsidiaries as of December 31, 2008 and 2007, and the
related consolidated statements of operations, stockholders' deficit and comprehensive loss, and cash flows for each of the years in the
three-year period ended December 31, 2008, and the effectiveness of internal control over financial reporting as of
December 31, 2008, which reports appear in the December 31, 2008 annual report on Form 10-K of NPS
Pharmaceuticals, Inc.

Our report on the consolidated financial statements, refers to the Company's change in
method of accounting for fair value and advanced payments for research and development activities in 2008 due to the
adoption of Statement of Financial Accounting Standards No. 157, Fair Value Measurements, Statement of Financial
Accounting Standards No. 159, The Fair Value Option for Financial Assets and Financial Liabilities—Including an amendment of
FASB Statements No. 115 and EITF Issue No. 07-3, Advance Payments for Research and Development Activities.

/s/ KPMG LLP

Princeton, New Jersey 
   March 16, 2009

---
**Exhibit31.2**

 

**CERTIFICATIONS**

 

RULE 13a-14 THE SECURITIES EXCHANGE ACT OF 1934

 

I,Mark Voll, certify that:

 

1.     I have reviewed this Form 10-K of Monolithic SystemTechnology, Inc. for the year ended December 31, 2003;

 

2.     Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisreport;

 

3.     Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this report;

 

4.     The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:

 

(a)Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

(b)Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and

 

(c)Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscalquarter (the registrant’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and

 

5.     The registrant’s other certifying officer and I havedisclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalentfunctions):

 

(a)All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

(b)Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.

 

Date:March 12, 2004

 

 
| /s/ Mark Voll                                            |   |
|----------------------------------------------------------|--------|
| Mark Voll                                                |
| *Vice President of Finance and  Chief Financial Officer* |

 

----
#### In the Matter of Edward A. Maron et al., Appellants, v Sheldon Silver, as Speaker of the State Assembly, et al., Respondents, et al., Respondent.

Submitted January 5, 2009;

decided June 30, 2009

Motion for leave to appeal denied as unnecessary.

Chief Judge Lippman taking no part.
#### Evin Josue MARQUEZ-CASTILLO, Petitioner v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

No. 08-60737

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

May 15, 2009.

Jesus A. Macias, Houston, TX, for Petitioner.

*385Küey L. Kane, Mary Jane Candaux, Justin Constantine, Thomas Ward Hussey, Director, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Sharon A. Hudson, U.S. Citizenship & Immigration Services, Houston, TX, for Respondent.

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.

PER CURIAM: *

Evin Josué Marquez-Castillo, a native and citizen of Honduras, petitions this court for review of the Board of Immigration Appeals’ affirmance of the immigration judge’s denial of his request for asylum and withholding of removal. Marquez has also requested a stay of removal pending this court’s consideration of his petition for review.

Marquez argues that he is entitled to asylum and withholding of removal because he is a member of a social group, i.e., young people who refuse to pick sides between or join rival gangs in Honduras. He further argues that he has a well-founded fear of persecution because the gangs threatened him based on his refusal to choose sides in the gang conflict.

As to Marquez’s asylum claim, because harassment and threats do not qualify as persecution and because Marquez has not shown that any of the gangs’ actions amounted to persecution, he has not shown that he was subject to persecution.1 As a result, Marquez also has not shown that his fear of being beaten or killed on his return to Honduras was objectively reasonable, and thus he has not established a well-founded fear of future persecution.2

As to Marquez’s withholding of removal request, because Marquez has failed to prove that he was entitled to asylum, a fortiori he has not shown that he meets the more stringent standard for proving that he is entitled to withholding of removal.3

Marquez’s petition for review is DENIED, and his motion for a stay pending this court’s consideration of his petition for review is DENIED as moot.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

1

. *See Chen v. Gonzales,*470 F.3d 1131, 1135 (5th Cir.2006); *Eduard v. Ashcroft,*379 F.3d 182, 188 (5th Cir.2004).

2

. *See Chen,*470 F.3d at 1135.

3

. *See Efe v. Ashcroft,*293 F.3d 899, 906 (5th Cir.2002).
Exhibit 99.1
                                  ------------



                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES - OXLEY ACT OF 2002


         In  connection  with the  quarterly  report of November 30, 2002,  (the
"Company") on Form 10-Q for the quarter ended  November 30, 2002,  Hyrum A. Mead
hereby  certifies,  pursuant to 18 U.S.C.  Section 1350, as adopted  pursuant to
Section  906 of the  Sarbanes  - Oxley  Act of  2002,  that  to the  best of his
knowledge:

         1.   The  quarterly  report fully  complies  with the  requirements  of
              Section 13(a) of the Securities Exchange Act of 1934; and

         2.   The information contained in the quarterly report fairly presents,
              in all material respects,  the financial  condition and results of
              operations of the Company.


      January 13, 2003                         /s/  Hyrum A. Mead
                                               --------------------
                                               President (principal
                                               executive officer)
#### The People of the State of New York, Respondent, v Kenneth Stepter, Appellant.

Submitted June 14, 2010;

decided June 24, 2010

*735Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
EXHIBIT 32
 
 
 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350
 AS ADOPTED PURSUANT TO SECTION 906 OF THE
 SARBANES-OXLEY ACT OF 2002
 
 
 The undersigned executive officers of Hometown Bancorp, Inc. (the “Registrant”) hereby certify that this Annual Report on Form 10-K for the year ended December 31, 2009 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Report fairly presents, in all material respects, the consolidated financial condition and results of operations of the Registrant.
   By:

/s/ Thomas F. GibneyName:
Thomas F. GibneyTitle:
President, Chief Executive Officer andDirector
 
 
 By:

/s/ Stephen W. DederickName:
Stephen W. DederickTitle:
Chief Financial Officer and Vice President
 
 
 Date: March 31, 2010
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-60,218-02

EX PARTE CHRISTOPHER GEORGE ARNONE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W02-01999-I(B) IN THE CRIMINAL DISTRICT COURT NO. 2 

 FROM DALLAS COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of injury to a child

and sentenced to fifteen years’ imprisonment. The Fifth Court of Appeals affirmed his conviction. 

Arnone v. State, No. 05-03-01165-CR (Tex. App.—Dallas Jan. 28, 2004)(not designated for

publication). 

Applicant contends that the revocation of his deferred adjudication supervisionwas improper

because it was based on the failure of polygraph tests which led to his dismissal from sex offender
2

treatment. See Leonard v. State, 385 S.W.3d 570 (Tex. Crim. App. 2012).

The trial court has determined that the sole basis for the adjudication of Applicant’s guilt was

his dismissal from sex offender treatment which was based on failing two polygraph tests and

therefore Applicant is entitled to relief. 

Relief is granted. The adjudication of guilt in Cause No. F02-01999-Iin the Criminal District

Court No. 2 of Dallas County is set aside, and Applicant is remanded to the custody of the Sheriff

of Dallas. The trial court shall issue any necessary bench warrant within 10 days after the mandate

of this Court issues.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: October 7, 2015

Do not publish