In the end, a parent may challenge the districts decision and request a due process hearing when there is a disagreement. IEPs. Education Law & Advocacy Training. An MDR is a meeting the school calls if it wants to suspend or expel your child for more than 10 school days. 2. Remind the team that the meeting is on tape. Under 300.530(e), a manifestation determination must occur within 10 days of any decision to change the childs placement because of a violation of a code of student conduct. If no, continue to 11. It was certainly impulsive, but she had not demonstrated this behavior before, She also had not had a history of this type of behaviors. In summary, the mandate . The school nurse was called. They are found in the final regulations for Part B of IDEA from 300.530 through 300.536. If you want to see how it works, schedule a demonstration today! a manifestation determination review (MDR) must be conducted. They list 14 symptoms or "manifestations" of ADHD. "'AdeZV ZSAG@&zigLQod=&Dzh9}F8bKD-ym^r
|FG+8G0yG8 [&9xgs?# w%kYtp Minneapolis, MN 55437 | Phone (952) 838-9000 | MN Toll-Free (800) 537-2237 Keith saw the door open and wiggled his hand free from his teacher. this manifestation determination must occur within 10 school days of any decision to change the placement of a child with a disability due to a violation of the code of conduct. Glossaries (71 Fed. He has been identified as a student with an Emotional Disturbance. Consequences for problem behaviors should not discriminate against a child based on his disability. Request the discipline referral packet (or the equivalent document) that is being sent to the discipline hearing office. Damages Use information from the psych report that established eligibility. This website is funded in part by federal, state and local grants, along with private donations. Transition ADD/ADHD Flyers A client calls. A Manifestation Determination is conducted when considering the exclusion of a student with a disability that constitutes a change of placement. He has served as general counsel to a number of public and private corporations, including Telos, The Financial News Network (now CNBC), United Press International, and The Learning Channel. If the group finds that the childs misconduct had a direct and substantial relationship to his or her disability, then the group must also reach a manifestation determination of yes. Such a determination carries with it two immediate considerations: Thus, if a childs misconduct has been found to have a direct and substantial relationship to his or her disability, the IEP team will need to immediately conduct a FBA of the child, unless one has already been conducted. Homeless Children Who decides whos a relevant member of the Team? Manifestation Determination Example 1. Is there is a Functional Behavior Assessment (FBA)? This protection is called Manifestation Determination and is activated when an eligible student has been removed from their educational placement for more than 10 school days. << /Length 5 0 R /Filter /FlateDecode >> Chuck is a freshman in high school. Yellow Pages for Kids Unless the behavior involved one of the special circumstancesweapons, drugs, or serious bodily injurythe child would be returned to the placement from which he or she was removed as part of the disciplinary action. Bullying FAQs If not, you may have a winning case on these grounds. Sammy apologizes for bringing the baggie to school. }PdH@ - @5E67N3"nKF\*]8!vDh:A&I,Dq#!H@BLi1ZN*"63?%(+ 'me2', Use well regarded reference material from a reputable university or perhaps a teachers organization. A manifestation would not have triggered in this situation because the student had not been removed from their current placement for more than 10 days. Get the eligibility file. The Individuals with Disabilities Education Act (IDEA) and its implementing regulations narrowed the standard for IEP teams to apply in making manifestation determinations. Purple 2 Video Phone: 512-271-9391. [vhVg[A=tG?u6@>(C@B<>1U@eBHxK/F"`eBS 1f@13^xQRlG3>T-f'x e|AUI/HDO p_'8{gvzasW&9". Are they pertinent? As a result of the determination, an IEP meeting was initiated, and the BIP was amended along with the Chucks educational placement. 9. Go to the meeting with a tape recorder. Education Law & Advocacy Training Make sure you know the correct date and time of the review. 7. Best School Websites. Sign Language Video Phone: 1-866-362-2851. If he does not side with you, you can discredit or marginalize his "expertise." Your request for a waiver should allow you time to prepare, not delay the review indefinitely. They are far more reluctant to go on the record individually in a negative way, particularly on tape with a lawyer. The IEP team decides whether your child's behavior is a "manifestation" of a disability. Functional behavioral assessment (FBA)Has the child had one? 34 CFR . The process is lengthy and can be time consuming. Obtain quotes from reputable sources (e.g. After reviewing this information, there is likely a form provided by the state to complete that assists in documenting the determination process. The manifestation determination I should find that the school did not implement the IEP correctly which in this case could have very well be, then the school must take immediate . Reading and understanding the different opinions on diverse topics expand knowledge and thought. . The IEP Team must determine the IAES. Dyslexia Handbook - Texas Education Agency. the childs behavior was not the direct result of the LEAs failure to implement the IEP. It would also be a good idea to have a brief description of the service provided. The requirement to conduct a manifestation determination under Section 504 requires school districts to conduct an . The team considered Sammys IEP which had goals regarding following Multi-Step Directions and Task Initiations. When the use of physical restraint or time-out is necessary, the state has outlined specific requirements and procedures (see TEC 37.0021 and TAC 89.1053 for further guidance). Sept. 14 - Hill AFB UT 300.530 Authority of school personnel. (Manifestation Determination Review) Educational services during removal . Student Bookstore If necessary, agree to do a timeline waiver with both the parents and the school. On Monday, a delivery driver came to the school and propped the door open. Knowing why a child misbehaves is directly helpful to the IEP Team in developing a BIP that will reduce or eliminate the misbehavior. Their purpose is to determine: (i) If the conduct in question was caused by, or had a direct and substantial relationship to, the childs disability; or, (ii) If the conduct in question was the direct result of the LEAs failure to implement the IEP. Keith was able to make it across the street into a group of houses before his teacher could catch him. More information on Significant Disproportionality analysis and SPP 4A and 4B measurements is available by clicking the embedded links here. Yet, schools continue to suspend and expel students with disabilities for behavior caused by their disabilities. To Order As the Senate HELP committee described in its Report [to Accompany S. 1248]: In the second category, if a school chooses to discipline a child for a violation of the school code for a period beyond 10 consecutive school days, then the school can apply the same disciplinary procedures that it would apply to a child without a disability, as long as the school has determined that the violation in question was not a manifestation of the childs disability. Form E - District-wide Assessments - Revised 7/30/21. Note: As with all articles on Wrightslaw, the opinions and views expressed by an author other than either Pete or Pam Wright, do not necessarily represent the personal views of Pete and Pam. The St. Mary's University School of Law in San Antonio, TX presents the Special Education Advocacy Summit, a two and one-half day legal advocacy training program on February 2 - February 5, 2023 . Get a delay if necessary to allow time to prepare. info@prntexas.org. gH4-.3K+$dEN1pvsgMLaz)h?OQ+Xi}PCGHrIVp/nfF7Q;Zs)VUK"8^;z&)s&%P"~:cK$SpU]YSb+cIbR&L~73s^RUh'l!qT\Ij~jXAYS-k:e=@YZi5_S3[''k;d]$?L7Pu=dW p/UGUm,2/9ikI~t9LP0>ur0S~uF]Y!;9QGj^CMi>f\9m9.6In\b"ApKK Sometimes the psychologist will say something like, "yes but I really don't think this is ADHD". Using the how to guide above, we won a case for a child with ADHD. Chuck has had a Behavior Intervention Plan since he was in Fourth Grade. FAQs 10 days or less . The Individuals with Disabilities Act outlines discipline procedures to be used at specific times and for specific violations. AAA. If yes, you have a winner. Bill Brownley is a successful attorney with extensive experience in all forms of negotiation and trial work. Diabetes, Epilepsy, etc Mar. Greater than 10 days, but not . . Restraints / Seclusion and Abuse }S3PPbMU"en7K7^g|^+ok3@^tgg`aDhL:W-/;f9=RY% 1=_l6N=OhQ?^Q{2!"fK`mSyCr$S
=9/F+*9Zl&]+#Sug]4 q}PZ~0`>~o/xrs'B?rXr{G~;6q7; !nRuS7Y4CdRCL4C,:4x9nz If not, the student can be removed; however, the district is still obligated to offer a. Consider this excerpt from the U.S. House of Representatives Conference Report 108-779. Free Flyers Online Intake available 24/7: intake.DRTx.org. Greenville (Texas) Independent School District, OCR Southern Div. If this is the case, can a pattern of behavior and suspensions be identified that would constitute a change of placement? Reading and understanding the different opinions on diverse topics expand knowledge and thought. State DOEs Some parents do not have copies of these documents. The Independent Futures that Work! Episodic, such as It is difficult for the school to prove the child pre-planned his actions. All Rights Reserved. Download Add to Cart Quantity: PaTTAN EAST. Parents often repeat what the school has told them, It is not a big deal. Yes, it is a big deal. A manifestation determination of no means either that: In either case of no, school personnel have the authority to apply the relevant disciplinary procedures to the child with disabilities in the same manner and for the same duration as the procedures would be applied to a child without disabilities, exceptand this is very importantfor whatever special education and related services the school system is required to provide the child with disabilities under 300.530(d). Ask if they have questions. google_ad_slot = "8236931758"; Get a copy of each and review them. The soundtracks included in the Midas Manifestation system will help your mind to use the chakras in the proper way. Contact Us. info@prntexas.org. F$ Was it determined that the disciplinary incident was a manifestation of the student's disability? As bus #11 arrives at school, students tell the bus driver that Sammy has a bag of weed. The School Resource Officer (SRO) responds very quickly and searches Sammys backpack and finds the drugs.. days, regardless of the manifestation determination. An existing BIP must be reviewed and amended if necessary. If the childs behavior was a manifestation of the disability or the failure of the LEA to implement the IEP appropriately, prepare to complete the following: Return the student to the placement from which they were removed, Initiate a Functional Behavior Assessment and subsequently write a Behavior Intervention Plan for the student. MANIFESTATION DETERMINATION FLOW CHART *A student is removed from current educational setting for 10 or more days= *A student has been subjected to a series of removals equaling 10 or more days and that . //-->, Wrightslaw: Special Education Law, 2nd Edition, Wrightslaw In American History class, Chuck thought a table mate was laughing at him and he yelled in the students face. Press Room If the psychologist fumbles responses and fails to answer, more than likely his opinion is incorrect. 2. Apr. Free Newsletters The student's behavior was not a manifestation of his /her disability. 46721), What about placement? Know your state's Special Education Regulations. This makes great fodder for a DP, if you should have to go that far. If so, the students conduct is likely a manifestation of the students disability. Distribute your handouts that list the behavioral manifestations of the disability. I will explain why later. You want to know everything the school is reporting. SpedTrack has a. Full Schedule, Home Ask the school psychologist, You agree that the DSM IVs are the accepted means of defining and diagnosing this disability, dont you?. In addition to conducting an FBA (if necessary), the IEP team must also write a BIP for the student, unless one already exists. Disclaimer: Disability Rights Texas strives to update its materials on an annual basis, and this handout is based upon the law at the time it was written. The relationship between the childs behavior and disability, however, is not the only factor to be considered in a manifestation determination. He has taught in a residential treatment center and public schools around the Kansas City Area. Form G Distance Learning Plan - Revised 7/12/21. The first thing you want to do is gather data. Manifestation determination review (MDR) means a process to review all relevant information and the relationship between a student's disability and the behavior subject to the disciplinary action. Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, MA 02148-4906. He sprinted toward the door and his teacher quickly followed. Match the child's behavior to the symptoms on the list. 06-12-1356 (2013) 113 LRP 27897 This publication provides legal . Child Find - Referral to Special Education - Request for Evaluation, Classroom Setting - Least Restrictive Environment, IEP Implementation - Accommodations - Progress, Admission, Review, and Dismissal Committee Membership Legal Framework, Parent's Guide to the Admission, Review and Dismissal Process page 6, Admission, Review, and Dismissal (ARD) Process Navigate Life Texas, (IEP) Development - Texas Education Agency pages 5-6, Admission, Review, and Dismissal Committee Meeting, Parent's Guide to the Admission, Review and Dismissal Process , Essentials of Admission, Review and Dismissal (ARD) Committee Meetings for Parents, Parent's Guide to the Admission, Review and Dismissal Process ARD Committee Decision, page 11, Special Education Dispute Resolution Handbook, Special Education Acronym Quick Reference Guide (Printable Poster), Referral for Possible Special Education Services, Referral for possible Special Education Services, Least Restrictive Environment (LRE) Question & Answer Document, Special Education Complaints Process Texas Education Agency, The Dyslexia Handbook 2021 Update: Important Changes for Families to Understand, Appendix A: Questions and Answers- Updated March 18, 2022, Dyslexia, Dysgraphia, and Dyscalculia in the Individualized Education Program, Dyslexia and Related Disorders - Texas Education Agency, TEXAS EDUCATION CODE (STATE LAW)38.003: SCREENING AND TREATMENT FOR DYSLEXIA AND RELATED DISORDERS, Parent's Rights: an Overview of Special Education, TEXAS EDUCATION CODE (STATE LAW)38.003:SCREENING AND TREATMENT FOR DYSLEXIA AND RELATED DISORDERS, Texas Education Agency - 19 TAC Chapter 74, Protecting Students With Disabilities - US Department of Education, Texas Education Agency - 19 TAC Chapter 74 74.28(a-g), Question and Answer Document Review of Existing Evaluation Data and Reevaluation, page 5, Special Education Dispute Resolution Processes, Special Education Dispute Resolution System Handbook, Supplementary Aids and Services, Special Education, Related Services, STAAR Alternate 2 Participation Requirements, Supplementary Aids and Services, Special Education, Related Service, Accelerated Instruction and Intensive Programs of Instruction for students in Special Education Programs, Secondary Transition Guidance Texas Education Agency, Texas Transition and Employment Guide Texas Education Agency, Governors Committee on People With Disabilities, Contact your School Administrator and/or Special Education Director regarding the status of your request. If you discredit the psychologist to the others on the team, you are far more likely to win. To schools, paper has power. This review is called a Manifestation Determination Review (MDR). Contact Us | It will have witness reports and other important information. Get the DSM IVs for ADHD. Based on the analysis of these documents. RSA PTI, School, Family, and Community Engagement Initiative, School, Family, and Community Engagement Initiative. See 34 CFR 300.530(d). Each answer leads to specific outcomes. The school leader may attempt to cut you off or end the discussion. In this example, each member agreed with us except the psychologist. It is your last best chance to keep the issue out of the school disciplinary officer's hands. Read everything you can about the disability and what the manifestations are. To Order 3. Do they match? Additional Behavioral and MDR Considerations. Topics from A-Z Advocacy ResourcesDirectories Avoid this situation by maintaining a behavior log for students with a BIP who often display problematic behaviors in the educational environment. Assistive Technology . The First Step. The LEA, parent, and relevant members of the childs IEP Team. 6. The girl's parents were called, who rushed her to the emergency room for medical treatment. However, the student's placement may be changed through the regular IEP review process.) A school is considered to have knowledge that a child has a disability if before the behavior that caused the disciplinary action occurred: A school is not considered to have knowledge under IDEA if the parent has refused to allow an evaluation of the child, if the parent has refused services under IDEA to allow an evaluation of the child, or if the child has been evaluated and determined to not be a child with a disability under IDEA. Chuck has had 4 instances of behaviors that have resulted in OSS, Yelling at a peer and using inappropriate language (1 day OSS), Slapping a peer on the back of the head (2 days OSS), Pushing a peer to the ground (4 days OSS). The IEP Team must determine the IAES. It may include other relevant information in the childs file, including placement appropriateness, supplementary aids and services, and if the behavior intervention strategies were appropriate and consistent with the IEP. Keep in mind, there are specific laws within various states that may require different types of disciplinary procedures for these types of offenses. No the school district does not have to consider if this behavior is a manifestation of her disability because of the special circumstances regarding. FERPA The Special Ed Advocate: It's Free! A client calls. Tip: Start the polling with someone you know to be sympathetic. See 34 CFR 300.153. At specific times, and for certain violations of the student code of conduct, IDEAs discipline procedures require school systems to conduct what is known as a manifestation determination review. The purpose of this review is to determine whether or not the childs behavior that led to the disciplinary infraction is linked to his or her disability. The forms to the right are available in electronic format. It is the disability shown on the child's eligibility documents, the evaluation results, and in the IEP. (71 Fed. Fed Court Complaints Special: $14.95, Special Here, first, a little review, by way of a little Q&A. Students with disabilities who have been suspended or removed from their current placements to some type of alternative placement and students with disabilities assigned to Juvenile Justice Alternative Education Programs (JJAEPs)must take the state or district-wide assessment (unless the IEP provides that the student not take a district-wide assessment for reasons other than the disciplinary removal). H owever, at any point the parents and school district can agree to change a child's placement for disciplinary reasons. Get the eligibility file. provision of services during periods of disciplinary removal; notification regarding a discipline-related change of placement; "manifestation determination;" and. State regulations are intended to ensure that all students are treated with dignity and respect, as well as educated in a safe environment. Contact the Campus Administrator, case management, or diagnostician in writing to discuss specific nature of your request. 1. Do these descriptions line up with the other expert information you have? Match the childs behavior to the symptoms on the list. It is difficult for the school to prove the child pre-planned his actions. About the DVD Video His BIP states that when Chuck becomes frustrated, he will raise up two fingers and will be allowed to go to his safe space in Ms. Harriss, the school psychologist, room. No, but school must follow any existing BIP : N/A . Remind the team that the childs fate rests in their hands. MANIFESTATION DETERMINATION REVIEW CHECKLIST 1. What is a Manifestation Determination Review (MDR)? Are they pertinent? Toll Free 1.800.866.4726 If such a finding is made, the regulations require the LEA to take immediate steps to remedy those deficiencies [300.530(e)(3)]. Review the behavior in question from the school reports. (71 Fed. If you can, suggest that the psychologist read the 14 symptoms for the team. Chuck left the room in tears and headed to Ms. Harriss room. Response to Intervention(RTI) A manifestation determination must also consider if the childs conduct was the direct result of the LEAs failure to implement the IEP [300.530(e)(1(ii)]. IEPs Have prior behaviors caused the student to accrue more than 10 nonconsecutive days of suspension? Section 504 1. SPD-300 Discipline case flowchart for collaborations and communications in special education flowchart: carries manifestation determination the misconduct was. Some parents do not have copies of these documents. Reg. Do not rush to the conclusion because you know what the conclusion should be. The Texas Education Agency does not . 46719). Read the child's Present Levels of Academic Achievement and Functional Performance. It may be likely that your state has one as well. . 1. The team determined that a FAPE for Chuck is most appropriately served at a Special Day School, paid for by the sending school district. Manifestation determination is a test employed when a student who receives special education services is considered for suspension, expulsion or any alternative placement due to some behavioral concern. Using the "how to" guide above, we won a case for a child with ADHD. Read the childs Present Levels of Academic Achievement and Functional Performance. PE and Adapted PE Manifestation Determination Flowchart. The manifestation determination must occur within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct. If the psychologist fumbles responses and fails to answer, more than likely his opinion is incorrect. PaTTAN CENTRAL . Ensure everyone has copies of your prepared handouts. Chart A: Individualized Educational Program Team Considerations for a Student Requiring a Manifestation Determination When a child with a disability (IEP) is removed from his/her current educational placement for 10 + days (34 CFR 300.536) The LEA, the parent, and relevant members of the IEP team must follow the requirements of 34 CFR 2. stream Does the school really want to end that examination? LEAs must report discipline data through the Public Education Information Management System (PEIMS). The conduct must be determined to be a manifestation of the student's disability if the school district, the parent(s), and relevant members of the student's IEP team determines that one of the two above conditions was met. The MDR results in the Team saying yes, this is a manifestation of Chucks disability, but they have concerns about his safety and the safety of others. About the Book //120x600, created 1/28/08 %PDF-1.3 Progress Monitoring And Seth's mother, Lynn, was called to come pick Seth up immediately. Free Newsletter Manifestation Determination: Is the conduct: (1) a direct result of the district's failure to implement the IEP? The Local Educational Authority (LEA), parent, and relevant members of the IEP team must review information within 10 school days of the violation that disrupted the students current placement. If the school did not do so, tell the judge that an MDR If yes, continue to 10. b. Texas law states that within three days of a teacher removing a student, the school principal will convene a conference including the principal or other appropriate administrator, the student's parent/guardian, the teacher, and the student. American Indian Who is involved in conducting a manifestation determination? We won our case. Use the descriptions of the claimed behavior from school personnel. Copyright 1998-2023, Peter W. D. Wright and Pamela Darr An MDR is used to decide if the behavior was caused by a disability. To Order Call Education Attorney Molly Watson if you need to challenge the IEP team's manifestation determination of your child: 530-273-2740. Preparation and documentation in the handouts we used provided a basis on which the team could make a winning judgment. Copyright 1998-2023, Peter W. D. Wright and Pamela Darr The student's behavior was a manifestation of his/her disability. What happens if that determination is yesor no? MANIFESTATION DETERMINATION FLOW CHART REVIEW LEA POLICIES Suspension The student is removed from the school and no educational services are provided. It appeared he had it in for the kid.. Doing Your Homework Obtain quotes from reputable sources (e.g. Juvenile Justice Prepare copies of the DSM list as handouts for the team. [300.530(e)(1)-(2)]. Site Map, Understanding Your Child's Student Discounts A client calls. Meaning, the days in ISS the student does not access their services count toward the 10+ days that can trigger a manifestation determination hearing. Whats the time frame for conducting a manifestation determination? google_ad_width = 120; Harassment Sept. 30 - Dallas, TX Discrimination VA Special Education, Advocate's Bookstore .lrYXk$j"Z5
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qM[ '*E.@.By^?R]-]9GCB}+R 0-cl tVRl&C V"FB/a)"9*j#\$ )LNOuO5'kfHcoR`cZPI+MH[IZ),;uS0gDlI7( GJYYt/qw%L}zQEk1()M*sv}YIj*+/ &b9/H+D^&[4Yp-9[I&H893^XEXDfp<3y^kL] E)761v4Mslv. DSM IV) about the disability and the manifestations. Did you know that SpedTrack has built-in compliance tools that help you track various parts of the special education process (such as a manifestation determination)? was a manifestation of the childs disability, or. Ask the psychologist to explain, in detail, why he does not think this is ADHD. Manifestation determination can be a difficult concept to understand. Apr. Below it a flowchart discussing her behavior towards a bus driver. (2) Does the . I am usually not a fan of taping, but in this case it is useful. Mediation This is about keeping your child in school. The reauthorized Individuals with Disabilities Education Act (IDEA), which was signed into law on December 3, 2004, contains several changes affecting the discipline of students with disabilities. Behavior Assessment ( FBA ) has the child 's eligibility documents, the students conduct is likely manifestation! Brownley is a manifestation of her disability because of the student & # x27 ; s Special Education.... Local grants, along with the other expert information you have well as educated in a safe environment by disabilities... Witness reports and other important information Newsletters the student is removed from the school leader may attempt cut. Procedures for these types of offenses for medical treatment all students are treated with dignity and respect as. Circumstances regarding you discredit the psychologist to complete that assists in documenting the determination, an IEP was. Suspensions be identified that would constitute a change of placement Who rushed her to the school to prove the had... Wants to suspend or expel your child for more than 10 school days are. For the school to prove the child 's Present Levels of Academic and... 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A copy of each and review them with the Chucks educational placement explain, in detail, he... Achievement and Functional Performance disability that constitutes a change of placement it may be likely your! Teacher quickly followed contact Us | it will have witness reports and other important information Special Ed:... At specific times and for specific violations decides whos a relevant member of Special... Eligibility documents, the student & # x27 ; s behavior was not manifestation... To have a brief description of the claimed behavior from school personnel taught in safe. Not side with you, you may have a winning judgment of his /her.... Student & # x27 ; s parents were called, Who rushed her to the symptoms on child! Different opinions on diverse topics expand knowledge and thought the equivalent document ) that is being sent to the on. Behavior towards a bus driver that Sammy has a bag of weed the BIP was along. And suspensions be identified that would constitute a change of placement ; manifestation. Public schools around the Kansas City Area the chakras in the IEP team in developing a that! Regarding a discipline-related change of placement which manifestation determination flowchart texas goals regarding following Multi-Step Directions and Task Initiations ieps prior... This review is called a manifestation determination review ( MDR ) left the room in tears headed... If you should have to consider if this behavior is a manifestation of manifestation determination flowchart texas /her disability a delay if,. Family, and in the end, a parent may challenge the districts decision and request a process... Make sure you know what the conclusion because you know what the school has told them, it is case., case management, or diagnostician in writing to discuss specific nature of request... From reputable sources ( e.g is funded in Part by federal, state and local grants, with... 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