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By the Committee on Education; and Senators Baker, Fasano,
Diaz de la Portilla, Garcia, Posey, Sebesta, Villalobos,
Peaden, Haridopolos, Clary, Wise, Webster, Dockery, Bennett,
Alexander and Atwater
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1 A bill to be entitled
2 An act relating to educational choice programs;
3 creating s. 1002.395, F.S.; establishing the
4 K-12 GI Bill Program to provide educational
5 options for dependents of an active-duty member
6 of the Florida National Guard who is serving in
7 Operation Enduring Freedom or Operation Iraqi
8 Freedom; providing that a student may attend a
9 public school in the school district other than
10 the one to which assigned; providing that a
11 student may receive a K-12 GI Bill to attend a
12 public school in an adjacent school district or
13 to attend a private school; providing K-12 GI
14 Bill eligibility requirements; providing school
15 district obligations; providing private school
16 eligibility requirements; providing obligations
17 of families choosing the private school option;
18 providing for the amount, funding, and payment
19 of a K-12 GI Bill; exempting the state from
20 liability; authorizing the State Board of
21 Education to adopt rules; providing eligibility
22 restrictions; providing obligations of the
23 Department of Education; providing authority
24 and obligations of the Commissioner of
25 Education, including the denial, suspension, or
26 revocation of a private school's participation
27 in the program and procedures and timelines
28 therefor; authorizing the waiver of deadlines;
29 requiring background screening of individuals
30 having direct student contact; amending s.
31 1002.20, F.S., relating to student and parent
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1 rights to educational choice, to conform;
2 providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Section 1002.395, Florida Statutes, is
7 created to read:
8 1002.395 K-12 GI Bill Program.--
9 (1) DEFINITIONS.--For purposes of this section, the
10 term:
11 (a) "Active-duty member" means an active-duty member
12 of the Florida National Guard who is serving in Operation
13 Enduring Freedom or Operation Iraqi Freedom.
14 (b) "Dependent" means a dependent of an active-duty
15 member of the Florida National Guard who is serving in
16 Operation Enduring Freedom or Operation Iraqi Freedom.
17 (2) PURPOSE.--The purpose of this section is to:
18 (a) Recognize, honor, and reward the courage and
19 sacrifices made by an active-duty member of the Florida
20 National Guard who is serving in Operation Enduring Freedom or
21 Operation Iraqi Freedom, and his or her family.
22 (b) Expand educational opportunities for children who
23 are dependents of an active-duty member.
24 (c) Provide a new benefit to an active-duty member by
25 giving such an individual the option to choose his or her
26 children's education.
27 (3) THE K-12 GI BILL PROGRAM.--The K-12 GI Bill
28 Program is established as a benefit to an active-duty member
29 which provides the option for his or her dependents to attend
30 a public school in the school district other than the one to
31 which assigned, to receive a K-12 GI Bill to attend a public
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1 school in an adjacent school district, or to receive a K-12 GI
2 Bill to attend an eligible private school of his or her
3 choice.
4 (4) K-12 GI BILL ELIGIBILITY.--The parent of a student
5 who is a dependent of an active-duty member may request and
6 receive from the state a K-12 GI Bill for the child to enroll
7 in and attend an eligible private school if the parent has
8 notified the school district that the student is a dependent
9 of an active-duty member; has obtained acceptance for
10 admission of the student to a private school that is eligible
11 for the program under subsection (6); and has notified the
12 school district of the request for a K-12 GI Bill at least 60
13 days before the date of the first K-12 GI Bill payment. The
14 parental notification must be through a communication directly
15 to the district or through the Department of Education to the
16 district in a manner that creates a written or electronic
17 record of the notification and the date of receipt of the
18 notification. A dependent child of an active-duty member is
19 not required to have been enrolled and reported by a school
20 district for funding during the preceding October and February
21 Florida Education Finance Program surveys in kindergarten
22 through grade 12 in order to be eligible to receive a
23 scholarship. This section does not apply to a student who is
24 enrolled in a school operating for the purpose of providing
25 educational services to youth in a commitment program of the
26 Department of Juvenile Justice. For purposes of continuity of
27 educational choice, the K-12 GI Bill shall remain in force
28 until the student returns to a public school or graduates from
29 high school. However, at any time, the student's parent may
30 remove the student from the private school and place the
31 student in another private school that is eligible to provide
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1 educational opportunities for students whose families choose
2 to use a K-12 GI Bill under subsection (6) or may place the
3 student in a public school as provided in subsection (5).
4 (5) SCHOOL DISTRICT OBLIGATIONS.--
5 (a) A school district shall timely notify the parent
6 of each student who the school district has knowledge is a
7 dependent of an active-duty member of all options available
8 under this section and shall offer that student's parent an
9 opportunity to enroll the student in another public school
10 within the district. The parent is not required to accept this
11 offer in lieu of requesting a K-12 GI Bill for the student to
12 attend a public school in an adjacent school district or to
13 attend a private school. However, if the parent chooses to
14 enroll the student in another public school within the
15 district, the student may continue attending the public school
16 chosen by the parent until the student graduates from high
17 school. The option set forth in this paragraph may be
18 exercised only on a space-available basis. However, a student
19 who is the dependent of a parent on active-duty shall be given
20 first priority, except that this option is not available if
21 exercising the option would result in a violation of the
22 constitutional class-size requirements. If the parent chooses
23 a public school consistent with the district school board's
24 choice plan under s. 1002.31, the school district shall
25 provide transportation to the public school selected by the
26 parent. The parent is responsible to provide transportation to
27 a chosen public school that is not consistent with the
28 district school board's plan under s. 1002.31.
29 (b) The parent of a student may choose, as an
30 alternative, to enroll the student in and transport the
31 student to a public school in an adjacent school district
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1 which has available space, and that school district shall
2 accept the student and report the student for purposes of the
3 district's funding under the Florida Education Finance
4 Program.
5 (c) For a student in the school district who
6 participates in the K-12 GI Bill Program whose parent requests
7 that the student take the statewide assessments under s.
8 1008.22, the district shall provide locations and times to
9 take all statewide assessments.
10 (d) A school district must notify the Department of
11 Education within 10 days after it receives notification of a
12 parent's intent to apply for a student to receive a K-12 GI
13 Bill.
14 (6) PRIVATE SCHOOL ELIGIBILITY.--To be eligible to
15 provide educational opportunities for students whose families
16 choose to use a K-12 GI Bill, a private school must be a
17 Florida private school, may be sectarian or nonsectarian, and
18 must:
19 (a) Demonstrate fiscal soundness by being in operation
20 for at least 2 school years or file with the Department of
21 Education a surety bond or letter of credit for the amount
22 equal to the K-12 GI Bill funds for each quarter.
23 (b) Notify the Department of Education of its intent
24 to provide educational opportunities for students whose
25 families choose to use a K-12 GI Bill. The notice must specify
26 the grade levels and services that the private school has
27 available for students attending on a K-12 GI Bill.
28 (c) Comply with the antidiscrimination provisions of
29 42 U.S.C. s. 2000d.
30 (d) Meet state and local health and safety laws and
31 codes.
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1 (e) Be academically accountable to the parent for
2 meeting the educational needs of the student.
3 (f) Employ or contract with teachers who hold
4 baccalaureate or higher degrees, have at least 3 years of
5 teaching experience in public or private schools, or have
6 special skills, knowledge, or expertise that qualifies them to
7 provide instruction in subjects taught.
8 (g) Comply with all state laws relating to general
9 regulation of private schools.
10 (h) Adhere to the tenets of its published disciplinary
11 procedures before expelling a student who is attending the
12 school on a K-12 GI Bill.
13 (7) OBLIGATION OF FAMILIES CHOOSING TO USE A K-12 GI
14 BILL.--
15 (a) A parent who applies for a K-12 GI Bill to enable
16 his or her child to attend a private school is exercising his
17 or her parental option to place his or her child in a private
18 school. The parent must select the private school and apply
19 for the admission of his or her child.
20 (b) If the parent chooses the private-school option
21 and the student is accepted by the private school pending the
22 availability of a space for the student, the parent of the
23 student must notify the school district at least 60 days
24 before the date of the first K-12 GI Bill payment and before
25 the student enters the private school in order to be eligible
26 for the K-12 GI Bill when a space becomes available for the
27 student in the private school.
28 (c) Any student attending a private school on a K-12
29 GI Bill must remain in attendance throughout the school year,
30 unless excused by the school for illness or other good cause,
31 and must comply fully with the school's code of conduct.
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1 (d) The parent of each student attending a private
2 school on a K-12 GI Bill must comply fully with the private
3 school's parental-involvement requirements unless excused by
4 the school for illness or other good cause.
5 (e) If the parent requests that the student attending
6 a private school on a K-12 GI Bill take all statewide
7 assessments required pursuant to s. 1008.22, the parent is
8 responsible for transporting the student to the assessment
9 site designated by the school district.
10 (f) Upon receipt of a K-12 GI Bill warrant, the parent
11 to whom the warrant is made must restrictively endorse the
12 warrant to the private school for deposit into the account of
13 the private school.
14 (g) Any failure to comply with this subsection results
15 in forfeiture of the K-12 GI Bill.
16 (8) K-12 GI BILL FUNDING AND PAYMENT.--
17 (a) The amount of a K-12 GI Bill provided to any child
18 for any single school year may not exceed the following annual
19 limits:
20 1. Three thousand six hundred dollars or the amount of
21 tuition and fees, whichever is less, for a K-12 GI Bill
22 awarded to a student enrolled in an eligible private school.
23 2. Five hundred dollars, or the amount of
24 transportation expenses, whichever is less, for a K-12 GI Bill
25 awarded to a student enrolled in a Florida public school that
26 is located outside the school district in which the student
27 resides.
28 (b) If a participating private school requires partial
29 payment of tuition before the start of the academic year to
30 reserve space for students admitted to the school, that
31 partial payment may be paid by the Department of Education
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1 before the first quarterly payment of the year in which the
2 K-12 GI Bill is awarded, up to a maximum of $1,000, and
3 deducted from subsequent K-12 GI Bill payments. If a student
4 decides not to attend the participating private school, the
5 participating private school must return the partial
6 reservation payment to the Department of Education. There is a
7 limit of one reservation payment per student per year.
8 (c) The school district shall report all students who
9 are attending a private school on a K-12 GI Bill. The students
10 attending private schools on K-12 GI Bills shall be reported
11 separately from other students reported for purposes of the
12 Florida Education Finance Program.
13 (d) Following notification on July 1, September 1,
14 December 1, or February 1 of the number of students attending
15 private schools on K-12 GI Bills, the Department of Education
16 shall transfer, from general revenue funds only, the amount of
17 the K-12 GI Bills from the school district's total funding
18 entitlement under the Florida Education Finance Program to a
19 separate account for the K-12 GI Bills for quarterly
20 disbursement to the parents of K-12 GI Bill students. For
21 purposes of this paragraph, the term school district means the
22 school district in which the parent resides at the time of the
23 scholarship request. When a student enters a private school on
24 a K-12 GI Bill, the Department of Education must receive all
25 documentation required for the student's K-12 GI Bill,
26 including the private school's and student's fee schedules, at
27 least 30 days before the first quarterly K-12 GI Bill payment
28 is made for the student. The Department of Education may not
29 make any retroactive payments.
30 (e) Upon proper documentation reviewed and approved by
31 the Department of Education, the Chief Financial Officer shall
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1 make K-12 GI Bill payments in four equal amounts no later than
2 September 1, November 1, February 1, and April 15 of each
3 academic year in which the K-12 GI Bill is in force. The
4 initial payment for attendance at a private school shall be
5 made after Department of Education verification of admission
6 acceptance, and subsequent payments shall be made upon
7 verification of continued enrollment and attendance at the
8 private school. Payment must be by individual warrant made
9 payable to the student's parent and mailed by the Department
10 of Education to the private school of the parent's choice, and
11 the parent shall restrictively endorse the warrant to the
12 private school for deposit into the account of the private
13 school.
14 (9) LIABILITY.--The state is not liable for any loss
15 based on the award or use of a K-12 GI Bill.
16 (10) RULES.--The State Board of Education may adopt
17 rules under ss. 120.536(1) and 120.54 to administer this
18 section. However, the inclusion of eligible private schools
19 within options available to Florida public school students
20 does not expand the regulatory authority of the state, its
21 officers, or any school district to impose any additional
22 regulation of private schools beyond those reasonably
23 necessary to enforce requirements expressly set forth in this
24 section.
25 (11) K-12 GI BILL PROHIBITIONS.--A student is not
26 eligible for a K-12 GI Bill if he or she is:
27 (a) Enrolled in a school operating for the purpose of
28 providing educational services to youth in Department of
29 Juvenile Justice commitment programs.
30 (b) Receiving a scholarship from an eligible nonprofit
31 scholarship-funding organization under s. 220.187.
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1 (c) Receiving an educational scholarship pursuant to
2 this chapter.
3 (d) Participating in a home education program as
4 defined in s. 1002.01(1).
5 (e) Participating in a private tutoring program
6 pursuant to s. 1002.43.
7 (f) Participating in a virtual school, correspondence
8 school, or distance learning program that receives state
9 funding pursuant to the student's participation.
10 (12) DEPARTMENT OF EDUCATION OBLIGATIONS.--The
11 department shall:
12 (a) Annually verify the eligibility of private schools
13 that meet the requirements of subsection (8).
14 (b) Establish a toll-free hotline that provides
15 parents and private schools with information on participation
16 in the K-12 GI Bill Program.
17 (c) Establish a process by which individuals may
18 notify the department of any violation by a parent, private
19 school, or school district of state laws relating to program
20 participation. The department shall conduct an investigation
21 of any written complaint of a violation of this section, or
22 make a referral to the appropriate agency for investigation,
23 if the complaint is signed by the complainant and is legally
24 sufficient. A complaint is legally sufficient if it contains
25 ultimate facts that show that a violation of this section or
26 any rule adopted by the State Board of Education has occurred.
27 In order to determine legal sufficiency, the department may
28 require supporting information or documentation from the
29 complainant.
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1 (d) Require an annual, notarized, sworn compliance
2 statement by participating private schools certifying
3 compliance with state laws and shall retain such records.
4 (e) Cross-check the list of participating students
5 with the public school enrollment lists prior to the first
6 payment to avoid duplication.
7 (f) Identify all nationally norm-referenced tests that
8 are comparable to the norm-referenced test portions of the
9 Florida Comprehensive Assessment Test (FCAT).
10 (g) Select an independent private research
11 organization to which participating private schools must
12 report the scores of participating students on the nationally
13 norm-referenced tests administered by the private school. The
14 independent private research organization must annually report
15 to the department on the year-to-year improvements of the
16 participating students. The independent private research
17 organization must analyze and report student performance data
18 in a manner that protects the rights of students and parents
19 as mandated in 20 U.S.C. s. 1232g, the Family Educational
20 Rights and Privacy Act, and must not disaggregate data to a
21 level that will disclose the academic level of individual
22 students or of individual schools. To the extent possible, the
23 independent private research organization must accumulate
24 historical performance data on students from the department
25 and private schools to describe baseline performance and to
26 conduct longitudinal studies. To minimize costs and reduce
27 time required for third-party analysis and evaluation, the
28 department shall conduct analyses of matched students from
29 public school assessment data and calculate control group
30 learning gains using an agreed-upon methodology outlined in
31 the contract with the third-party evaluator. The sharing of
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1 student data must be in accordance with requirements of 20
2 U.S.C. s. 1232g, the Family Educational Rights and Privacy
3 Act, and shall be for the sole purpose of conducting the
4 evaluation. All parties must preserve the confidentiality of
5 such information as required by law.
6 (13) COMMISSIONER OF EDUCATION AUTHORITY AND
7 OBLIGATIONS.--
8 (a) The Commissioner of Education shall deny, suspend,
9 or revoke a private school's participation in the program if
10 it is determined that the private school has failed to comply
11 with the provisions of this section. However, if the
12 noncompliance is correctable within a reasonable amount of
13 time and if the health, safety, and welfare of the students
14 are not threatened, the commissioner may issue a notice of
15 noncompliance which shall provide the private school with a
16 timeframe within which to provide evidence of compliance prior
17 to taking action to suspend or revoke the private school's
18 participation in the program.
19 (b) The commissioner's determination is subject to the
20 following:
21 1. If the commissioner intends to deny, suspend, or
22 revoke a private school's participation in the program, the
23 department shall notify the private school of such proposed
24 action in writing by certified mail and regular mail to the
25 private school's address of record with the department. The
26 notification shall include the reasons for the proposed action
27 and notice of the timelines and procedures set forth in this
28 paragraph.
29 2. The private school that is adversely affected by
30 the proposed action shall have 15 days after receipt of the
31 notice of proposed action to file with the department's agency
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1 clerk a request for a proceeding pursuant to ss. 120.569 and
2 120.57. If the private school is entitled to a hearing under
3 s. 120.57(1), the department shall forward the request to the
4 Division of Administrative Hearings.
5 3. Upon receipt of a request referred pursuant to this
6 paragraph, the director of the Division of Administrative
7 Hearings shall expedite the hearing and assign an
8 administrative law judge who shall commence a hearing within
9 30 days after the receipt of the formal written request by the
10 division and enter a recommended order within 30 days after
11 the hearing or within 30 days after receipt of the hearing
12 transcript, whichever is later. Each party shall be allowed 10
13 days in which to submit written exceptions to the recommended
14 order. A final order shall be entered by the agency within 30
15 days after the entry of a recommended order. The provisions of
16 this subparagraph may be waived upon stipulation by all
17 parties.
18 (c) The commissioner may immediately suspend payment
19 if it is determined that there is probable cause to believe
20 that there is:
21 1. An imminent threat to the health, safety, and
22 welfare of the students; or
23 2. Fraudulent activity on the part of the private
24 school.
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26 The commissioner's order suspending payment pursuant to this
27 paragraph may be appealed pursuant to the same procedures and
28 timelines as the notice of proposed action set forth in
29 paragraph (b).
30 (d) The parent shall ensure that the student
31 participating in the program takes the norm-referenced
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1 assessment offered by the private school. The parent may also
2 choose to have the student participate in the statewide
3 assessments pursuant to s. 1008.22. If the parent requests
4 that the student take statewide assessments pursuant to s.
5 1008.22, the parent is responsible for transporting the
6 student to the assessment site designated by the school
7 district.
8 (e) Subsequent to each payment, the Department of
9 Financial Services shall randomly review endorsed warrants to
10 confirm compliance with endorsement requirements. The
11 Department of Financial Services shall immediately report
12 inconsistencies or irregularities to the department.
13 (f) In the event of an act of God, which means an act
14 occasioned exclusively by violence of nature without the
15 interference of any human agency, the State Board of Education
16 is authorized to waive any deadlines to effectuate the
17 purposes of the K-12 GI Bill.
18 (g) Each private school shall require each individual
19 with direct student contact with a scholarship student to be
20 of good moral character, to be subject to the level 1
21 background screening as provided under chapter 435, to be
22 denied employment or terminated if required under s. 435.06,
23 and not to be ineligible to teach in a public school because
24 his or her educator certificate is suspended or revoked. For
25 purposes of this paragraph:
26 1. An "individual with direct student contact" means
27 any individual who has unsupervised access to a scholarship
28 student for whom the private school is responsible.
29 2. The costs of fingerprinting and the background
30 check shall not be borne by the state.
31
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1 3. Continued employment of an individual after
2 notification that the individual has failed the level 1
3 background screening shall cause a private school to be
4 ineligible for participation in the scholarship program.
5 4. An individual holding a valid Florida teaching
6 certificate who has been fingerprinted pursuant to s. 1012.32
7 shall not be required to comply with the provisions of this
8 paragraph.
9 (h) The private school shall annually administer or
10 make provision for students participating in the program to
11 take one of the nationally norm-referenced tests identified by
12 the department. Students with disabilities for whom
13 standardized testing is not appropriate are exempt from this
14 requirement. A participating private school must report a
15 student's scores to the parent and to the independent private
16 research organization selected by the department.
17 Section 2. Paragraphs (a) and (b) of subsection (6) of
18 section 1002.20, Florida Statutes, are amended to read:
19 1002.20 K-12 student and parent rights.--Parents of
20 public school students must receive accurate and timely
21 information regarding their child's academic progress and must
22 be informed of ways they can help their child to succeed in
23 school. K-12 students and their parents are afforded numerous
24 statutory rights including, but not limited to, the following:
25 (6) EDUCATIONAL CHOICE.--
26 (a) Public school choices.--Parents of public school
27 students may seek whatever public school choice options that
28 are applicable to their students and are available to students
29 in their school districts. These options may include
30 controlled open enrollment, lab schools, charter schools,
31 charter technical career centers, magnet schools, alternative
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1 schools, special programs, advanced placement, dual
2 enrollment, International Baccalaureate, early admissions,
3 credit by examination or demonstration of competency, the New
4 World School of the Arts, the Florida School for the Deaf and
5 the Blind, and the Florida Virtual School. These options may
6 also include the public school choice options of the
7 Opportunity Scholarship Program, and the McKay Scholarships
8 for Students with Disabilities Program, and the K-12 GI Bill
9 Program.
10 (b) Private school choices.--Parents of public school
11 students may seek private school choice options under certain
12 programs.
13 1. Under the Opportunity Scholarship Program, the
14 parent of a student in a failing public school may request and
15 receive an opportunity scholarship for the student to attend a
16 private school in accordance with the provisions of s.
17 1002.38.
18 2. Under the McKay Scholarships for Students with
19 Disabilities Program, the parent of a public school student
20 with a disability who is dissatisfied with the student's
21 progress may request and receive a McKay Scholarship for the
22 student to attend a private school in accordance with the
23 provisions of s. 1002.39.
24 3. Under the K-12 GI Bill Program, the parent of a
25 public school student who is a dependent of an active-duty
26 member as defined in s. 1002.395(1) may request and receive a
27 K-12 GI Bill for the student to attend a private school in
28 accordance with s. 1002.395.
29 4.3. Under the corporate income tax credit scholarship
30 program, the parent of a student who qualifies for free or
31 reduced-price school lunch may seek a scholarship from an
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1 eligible nonprofit scholarship-funding organization in
2 accordance with the provisions of s. 220.187.
3 Section 3. This act shall take effect upon becoming a
4 law.
5
6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 Senate Bill 876
8
9 The committee substitute makes the following changes:
10 - Provides for scholarships to dependents of active-duty
members of the Florida National Guard who are serving in
11 Operation Enduring Freedom or Operation Iraqi Freedom.
12 - Provides that a student does not have to attend a
public school during the preceding school year to be
13 eligible for the scholarship.
14 - Provides a method to pay for the scholarships.
15 - Provides oversight responsibilities for the Department
of Education and the Commissioner of Education.
16
- Provides additional requirements for participating
17 private schools, including Level 1 background checks and
student assessments.
18
- Provides for an independent research organization to
19 report on the academic improvement of scholarship
students.
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