Full Text of HB4306 101st General Assembly
HB4306eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 27A-5 as follows:
| 6 | | (105 ILCS 5/27A-5)
| 7 | | (Text of Section before amendment by P.A. 101-50 ) | 8 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 9 | | (a) A charter school shall be a public, nonsectarian, | 10 | | nonreligious, non-home
based, and non-profit school. A charter | 11 | | school shall be organized and operated
as a nonprofit | 12 | | corporation or other discrete, legal, nonprofit entity
| 13 | | authorized under the laws of the State of Illinois.
| 14 | | (b) A charter school may be established under this Article | 15 | | by creating a new
school or by converting an existing public | 16 | | school or attendance center to
charter
school status.
Beginning | 17 | | on April 16, 2003 (the effective date of Public Act 93-3), in | 18 | | all new
applications to establish
a charter
school in a city | 19 | | having a population exceeding 500,000, operation of the
charter
| 20 | | school shall be limited to one campus. The changes made to this | 21 | | Section by Public Act 93-3 do not apply to charter schools | 22 | | existing or approved on or before April 16, 2003 (the
effective | 23 | | date of Public Act 93-3). |
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| 1 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 2 | | a cyber school where students engage in online curriculum and | 3 | | instruction via the Internet and electronic communication with | 4 | | their teachers at remote locations and with students | 5 | | participating at different times. | 6 | | From April 1, 2013 through December 31, 2016, there is a | 7 | | moratorium on the establishment of charter schools with | 8 | | virtual-schooling components in school districts other than a | 9 | | school district organized under Article 34 of this Code. This | 10 | | moratorium does not apply to a charter school with | 11 | | virtual-schooling components existing or approved prior to | 12 | | April 1, 2013 or to the renewal of the charter of a charter | 13 | | school with virtual-schooling components already approved | 14 | | prior to April 1, 2013.
| 15 | | (c) A charter school shall be administered and governed by | 16 | | its board of
directors or other governing body
in the manner | 17 | | provided in its charter. The governing body of a charter school
| 18 | | shall be subject to the Freedom of Information Act and the Open | 19 | | Meetings Act. No later than January 1, 2021 ( one year after the | 20 | | effective date of Public Act 101-291) this amendatory Act of | 21 | | the 101st General Assembly , a charter school's board of | 22 | | directors or other governing body must include at least one | 23 | | parent or guardian of a pupil currently enrolled in the charter | 24 | | school who may be selected through the charter school or a | 25 | | charter network election, appointment by the charter school's | 26 | | board of directors or other governing body, or by the charter |
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| 1 | | school's Parent Teacher Organization or its equivalent. | 2 | | (c-5) No later than January 1, 2021 ( one year after the | 3 | | effective date of Public Act 101-291) this amendatory Act of | 4 | | the 101st General Assembly or within the first year of his or | 5 | | her first term, every voting member of a charter school's board | 6 | | of directors or other governing body shall complete a minimum | 7 | | of 4 hours of professional development leadership training to | 8 | | ensure that each member has sufficient familiarity with the | 9 | | board's or governing body's role and responsibilities, | 10 | | including financial oversight and accountability of the | 11 | | school, evaluating the principal's and school's performance, | 12 | | adherence to the Freedom of Information Act and the Open | 13 | | Meetings Act Acts , and compliance with education and labor law. | 14 | | In each subsequent year of his or her term, a voting member of | 15 | | a charter school's board of directors or other governing body | 16 | | shall complete a minimum of 2 hours of professional development | 17 | | training in these same areas. The training under this | 18 | | subsection may be provided or certified by a statewide charter | 19 | | school membership association or may be provided or certified | 20 | | by other qualified providers approved by the State Board of | 21 | | Education.
| 22 | | (d) For purposes of this subsection (d), "non-curricular | 23 | | health and safety requirement" means any health and safety | 24 | | requirement created by statute or rule to provide, maintain, | 25 | | preserve, or safeguard safe or healthful conditions for | 26 | | students and school personnel or to eliminate, reduce, or |
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| 1 | | prevent threats to the health and safety of students and school | 2 | | personnel. "Non-curricular health and safety requirement" does | 3 | | not include any course of study or specialized instructional | 4 | | requirement for which the State Board has established goals and | 5 | | learning standards or which is designed primarily to impart | 6 | | knowledge and skills for students to master and apply as an | 7 | | outcome of their education. | 8 | | A charter school shall comply with all non-curricular | 9 | | health and safety
requirements applicable to public schools | 10 | | under the laws of the State of
Illinois. On or before September | 11 | | 1, 2015, the State Board shall promulgate and post on its | 12 | | Internet website a list of non-curricular health and safety | 13 | | requirements that a charter school must meet. The list shall be | 14 | | updated annually no later than September 1. Any charter | 15 | | contract between a charter school and its authorizer must | 16 | | contain a provision that requires the charter school to follow | 17 | | the list of all non-curricular health and safety requirements | 18 | | promulgated by the State Board and any non-curricular health | 19 | | and safety requirements added by the State Board to such list | 20 | | during the term of the charter. Nothing in this subsection (d) | 21 | | precludes an authorizer from including non-curricular health | 22 | | and safety requirements in a charter school contract that are | 23 | | not contained in the list promulgated by the State Board, | 24 | | including non-curricular health and safety requirements of the | 25 | | authorizing local school board.
| 26 | | (e) Except as otherwise provided in the School Code, a |
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| 1 | | charter school shall
not charge tuition; provided that a | 2 | | charter school may charge reasonable fees
for textbooks, | 3 | | instructional materials, and student activities.
| 4 | | (f) A charter school shall be responsible for the | 5 | | management and operation
of its fiscal affairs , including,
but | 6 | | not limited to, the preparation of its budget. An audit of each | 7 | | charter
school's finances shall be conducted annually by an | 8 | | outside, independent
contractor retained by the charter | 9 | | school. The contractor shall not be an employee of the charter | 10 | | school or affiliated with the charter school or its authorizer | 11 | | in any way, other than to audit the charter school's finances. | 12 | | To ensure financial accountability for the use of public funds, | 13 | | on or before December 1 of every year of operation, each | 14 | | charter school shall submit to its authorizer and the State | 15 | | Board a copy of its audit and a copy of the Form 990 the charter | 16 | | school filed that year with the federal Internal Revenue | 17 | | Service. In addition, if deemed necessary for proper financial | 18 | | oversight of the charter school, an authorizer may require | 19 | | quarterly financial statements from each charter school.
| 20 | | (g) A charter school shall comply with all provisions of | 21 | | this Article, the Illinois Educational Labor Relations Act, all | 22 | | federal and State laws and rules applicable to public schools | 23 | | that pertain to special education and the instruction of | 24 | | English learners, and
its charter. A charter
school is exempt | 25 | | from all other State laws and regulations in this Code
| 26 | | governing public
schools and local school board policies; |
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| 1 | | however, a charter school is not exempt from the following:
| 2 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 3 | | criminal
history records checks and checks of the Statewide | 4 | | Sex Offender Database and Statewide Murderer and Violent | 5 | | Offender Against Youth Database of applicants for | 6 | | employment;
| 7 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 8 | | 34-84a of this Code regarding discipline of
students;
| 9 | | (3) the Local Governmental and Governmental Employees | 10 | | Tort Immunity Act;
| 11 | | (4) Section 108.75 of the General Not For Profit | 12 | | Corporation Act of 1986
regarding indemnification of | 13 | | officers, directors, employees, and agents;
| 14 | | (5) the Abused and Neglected Child Reporting Act;
| 15 | | (5.5) subsection (b) of Section 10-23.12 and | 16 | | subsection (b) of Section 34-18.6 of this Code; | 17 | | (6) the Illinois School Student Records Act;
| 18 | | (7) Section 10-17a of this Code regarding school report | 19 | | cards;
| 20 | | (8) the P-20 Longitudinal Education Data System Act; | 21 | | (9) Section 27-23.7 of this Code regarding bullying | 22 | | prevention; | 23 | | (10) Section 2-3.162 of this Code regarding student | 24 | | discipline reporting; | 25 | | (11) Sections 22-80 and 27-8.1 of this Code; | 26 | | (12) Sections 10-20.60 and 34-18.53 of this Code; |
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| 1 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 2 | | (14) Section 26-18 of this Code; | 3 | | (15) Section 22-30 of this Code; and | 4 | | (16) Sections 24-12 and 34-85 of this Code. | 5 | | The change made by Public Act 96-104 to this subsection (g) | 6 | | is declaratory of existing law. | 7 | | (h) A charter school may negotiate and contract with a | 8 | | school district, the
governing body of a State college or | 9 | | university or public community college, or
any other public or | 10 | | for-profit or nonprofit private entity for: (i) the use
of a | 11 | | school building and grounds or any other real property or | 12 | | facilities that
the charter school desires to use or convert | 13 | | for use as a charter school site,
(ii) the operation and | 14 | | maintenance thereof, and
(iii) the provision of any service, | 15 | | activity, or undertaking that the charter
school is required to | 16 | | perform in order to carry out the terms of its charter.
| 17 | | However, a charter school
that is established on
or
after April | 18 | | 16, 2003 (the effective date of Public Act 93-3) and that | 19 | | operates
in a city having a population exceeding
500,000 may | 20 | | not contract with a for-profit entity to
manage or operate the | 21 | | school during the period that commences on April 16, 2003 (the
| 22 | | effective date of Public Act 93-3) and
concludes at the end of | 23 | | the 2004-2005 school year.
Except as provided in subsection (i) | 24 | | of this Section, a school district may
charge a charter school | 25 | | reasonable rent for the use of the district's
buildings, | 26 | | grounds, and facilities. Any services for which a charter |
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| 1 | | school
contracts
with a school district shall be provided by | 2 | | the district at cost. Any services
for which a charter school | 3 | | contracts with a local school board or with the
governing body | 4 | | of a State college or university or public community college
| 5 | | shall be provided by the public entity at cost.
| 6 | | (i) In no event shall a charter school that is established | 7 | | by converting an
existing school or attendance center to | 8 | | charter school status be required to
pay rent for space
that is | 9 | | deemed available, as negotiated and provided in the charter | 10 | | agreement,
in school district
facilities. However, all other | 11 | | costs for the operation and maintenance of
school district | 12 | | facilities that are used by the charter school shall be subject
| 13 | | to negotiation between
the charter school and the local school | 14 | | board and shall be set forth in the
charter.
| 15 | | (j) A charter school may limit student enrollment by age or | 16 | | grade level.
| 17 | | (k) If the charter school is approved by the State Board or | 18 | | Commission, then the charter school is its own local education | 19 | | agency. | 20 | | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | 21 | | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | 22 | | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81, | 23 | | eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; | 24 | | 101-543, eff. 8-23-19; revised 9-19-19.) | 25 | | (Text of Section after amendment by P.A. 101-50 )
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| 1 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 2 | | (a) A charter school shall be a public, nonsectarian, | 3 | | nonreligious, non-home
based, and non-profit school. A charter | 4 | | school shall be organized and operated
as a nonprofit | 5 | | corporation or other discrete, legal, nonprofit entity
| 6 | | authorized under the laws of the State of Illinois.
| 7 | | (b) A charter school may be established under this Article | 8 | | by creating a new
school or by converting an existing public | 9 | | school or attendance center to
charter
school status.
Beginning | 10 | | on April 16, 2003 (the effective date of Public Act 93-3), in | 11 | | all new
applications to establish
a charter
school in a city | 12 | | having a population exceeding 500,000, operation of the
charter
| 13 | | school shall be limited to one campus. The changes made to this | 14 | | Section by Public Act 93-3 do not apply to charter schools | 15 | | existing or approved on or before April 16, 2003 (the
effective | 16 | | date of Public Act 93-3). | 17 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 18 | | a cyber school where students engage in online curriculum and | 19 | | instruction via the Internet and electronic communication with | 20 | | their teachers at remote locations and with students | 21 | | participating at different times. | 22 | | From April 1, 2013 through December 31, 2016, there is a | 23 | | moratorium on the establishment of charter schools with | 24 | | virtual-schooling components in school districts other than a | 25 | | school district organized under Article 34 of this Code. This | 26 | | moratorium does not apply to a charter school with |
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| 1 | | virtual-schooling components existing or approved prior to | 2 | | April 1, 2013 or to the renewal of the charter of a charter | 3 | | school with virtual-schooling components already approved | 4 | | prior to April 1, 2013.
| 5 | | (c) A charter school shall be administered and governed by | 6 | | its board of
directors or other governing body
in the manner | 7 | | provided in its charter. The governing body of a charter school
| 8 | | shall be subject to the Freedom of Information Act and the Open | 9 | | Meetings Act. No later than January 1, 2021 ( one year after the | 10 | | effective date of Public Act 101-291) this amendatory Act of | 11 | | the 101st General Assembly , a charter school's board of | 12 | | directors or other governing body must include at least one | 13 | | parent or guardian of a pupil currently enrolled in the charter | 14 | | school who may be selected through the charter school or a | 15 | | charter network election, appointment by the charter school's | 16 | | board of directors or other governing body, or by the charter | 17 | | school's Parent Teacher Organization or its equivalent. | 18 | | (c-5) No later than January 1, 2021 ( one year after the | 19 | | effective date of Public Act 101-291) this amendatory Act of | 20 | | the 101st General Assembly or within the first year of his or | 21 | | her first term, every voting member of a charter school's board | 22 | | of directors or other governing body shall complete a minimum | 23 | | of 4 hours of professional development leadership training to | 24 | | ensure that each member has sufficient familiarity with the | 25 | | board's or governing body's role and responsibilities, | 26 | | including financial oversight and accountability of the |
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| 1 | | school, evaluating the principal's and school's performance, | 2 | | adherence to the Freedom of Information Act and the Open | 3 | | Meetings Act Acts , and compliance with education and labor law. | 4 | | In each subsequent year of his or her term, a voting member of | 5 | | a charter school's board of directors or other governing body | 6 | | shall complete a minimum of 2 hours of professional development | 7 | | training in these same areas. The training under this | 8 | | subsection may be provided or certified by a statewide charter | 9 | | school membership association or may be provided or certified | 10 | | by other qualified providers approved by the State Board of | 11 | | Education.
| 12 | | (d) For purposes of this subsection (d), "non-curricular | 13 | | health and safety requirement" means any health and safety | 14 | | requirement created by statute or rule to provide, maintain, | 15 | | preserve, or safeguard safe or healthful conditions for | 16 | | students and school personnel or to eliminate, reduce, or | 17 | | prevent threats to the health and safety of students and school | 18 | | personnel. "Non-curricular health and safety requirement" does | 19 | | not include any course of study or specialized instructional | 20 | | requirement for which the State Board has established goals and | 21 | | learning standards or which is designed primarily to impart | 22 | | knowledge and skills for students to master and apply as an | 23 | | outcome of their education. | 24 | | A charter school shall comply with all non-curricular | 25 | | health and safety
requirements applicable to public schools | 26 | | under the laws of the State of
Illinois. On or before September |
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| 1 | | 1, 2015, the State Board shall promulgate and post on its | 2 | | Internet website a list of non-curricular health and safety | 3 | | requirements that a charter school must meet. The list shall be | 4 | | updated annually no later than September 1. Any charter | 5 | | contract between a charter school and its authorizer must | 6 | | contain a provision that requires the charter school to follow | 7 | | the list of all non-curricular health and safety requirements | 8 | | promulgated by the State Board and any non-curricular health | 9 | | and safety requirements added by the State Board to such list | 10 | | during the term of the charter. Nothing in this subsection (d) | 11 | | precludes an authorizer from including non-curricular health | 12 | | and safety requirements in a charter school contract that are | 13 | | not contained in the list promulgated by the State Board, | 14 | | including non-curricular health and safety requirements of the | 15 | | authorizing local school board.
| 16 | | (e) Except as otherwise provided in the School Code, a | 17 | | charter school shall
not charge tuition; provided that a | 18 | | charter school may charge reasonable fees
for textbooks, | 19 | | instructional materials, and student activities.
| 20 | | (f) A charter school shall be responsible for the | 21 | | management and operation
of its fiscal affairs , including,
but | 22 | | not limited to, the preparation of its budget. An audit of each | 23 | | charter
school's finances shall be conducted annually by an | 24 | | outside, independent
contractor retained by the charter | 25 | | school. The contractor shall not be an employee of the charter | 26 | | school or affiliated with the charter school or its authorizer |
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| 1 | | in any way, other than to audit the charter school's finances. | 2 | | To ensure financial accountability for the use of public funds, | 3 | | on or before December 1 of every year of operation, each | 4 | | charter school shall submit to its authorizer and the State | 5 | | Board a copy of its audit and a copy of the Form 990 the charter | 6 | | school filed that year with the federal Internal Revenue | 7 | | Service. In addition, if deemed necessary for proper financial | 8 | | oversight of the charter school, an authorizer may require | 9 | | quarterly financial statements from each charter school.
| 10 | | (g) A charter school shall comply with all provisions of | 11 | | this Article, the Illinois Educational Labor Relations Act, all | 12 | | federal and State laws and rules applicable to public schools | 13 | | that pertain to special education and the instruction of | 14 | | English learners, and
its charter. A charter
school is exempt | 15 | | from all other State laws and regulations in this Code
| 16 | | governing public
schools and local school board policies; | 17 | | however, a charter school is not exempt from the following:
| 18 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 19 | | criminal
history records checks and checks of the Statewide | 20 | | Sex Offender Database and Statewide Murderer and Violent | 21 | | Offender Against Youth Database of applicants for | 22 | | employment;
| 23 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 24 | | 34-84a of this Code regarding discipline of
students;
| 25 | | (3) the Local Governmental and Governmental Employees | 26 | | Tort Immunity Act;
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| 1 | | (4) Section 108.75 of the General Not For Profit | 2 | | Corporation Act of 1986
regarding indemnification of | 3 | | officers, directors, employees, and agents;
| 4 | | (5) the Abused and Neglected Child Reporting Act;
| 5 | | (5.5) subsection (b) of Section 10-23.12 and | 6 | | subsection (b) of Section 34-18.6 of this Code; | 7 | | (6) the Illinois School Student Records Act;
| 8 | | (7) Section 10-17a of this Code regarding school report | 9 | | cards;
| 10 | | (8) the P-20 Longitudinal Education Data System Act; | 11 | | (9) Section 27-23.7 of this Code regarding bullying | 12 | | prevention; | 13 | | (10) Section 2-3.162 of this Code regarding student | 14 | | discipline reporting; | 15 | | (11) Sections 22-80 and 27-8.1 of this Code; | 16 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 17 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 18 | | (14) Section 26-18 of this Code; | 19 | | (15) Section 22-30 of this Code; and | 20 | | (16) Sections 24-12 and 34-85 of this Code ; and . | 21 | | (17) (16) The Seizure Smart School Act. | 22 | | The change made by Public Act 96-104 to this subsection (g) | 23 | | is declaratory of existing law. | 24 | | (h) A charter school may negotiate and contract with a | 25 | | school district, the
governing body of a State college or | 26 | | university or public community college, or
any other public or |
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| 1 | | for-profit or nonprofit private entity for: (i) the use
of a | 2 | | school building and grounds or any other real property or | 3 | | facilities that
the charter school desires to use or convert | 4 | | for use as a charter school site,
(ii) the operation and | 5 | | maintenance thereof, and
(iii) the provision of any service, | 6 | | activity, or undertaking that the charter
school is required to | 7 | | perform in order to carry out the terms of its charter.
| 8 | | However, a charter school
that is established on
or
after April | 9 | | 16, 2003 (the effective date of Public Act 93-3) and that | 10 | | operates
in a city having a population exceeding
500,000 may | 11 | | not contract with a for-profit entity to
manage or operate the | 12 | | school during the period that commences on April 16, 2003 (the
| 13 | | effective date of Public Act 93-3) and
concludes at the end of | 14 | | the 2004-2005 school year.
Except as provided in subsection (i) | 15 | | of this Section, a school district may
charge a charter school | 16 | | reasonable rent for the use of the district's
buildings, | 17 | | grounds, and facilities. Any services for which a charter | 18 | | school
contracts
with a school district shall be provided by | 19 | | the district at cost. Any services
for which a charter school | 20 | | contracts with a local school board or with the
governing body | 21 | | of a State college or university or public community college
| 22 | | shall be provided by the public entity at cost.
| 23 | | (i) In no event shall a charter school that is established | 24 | | by converting an
existing school or attendance center to | 25 | | charter school status be required to
pay rent for space
that is | 26 | | deemed available, as negotiated and provided in the charter |
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| 1 | | agreement,
in school district
facilities. However, all other | 2 | | costs for the operation and maintenance of
school district | 3 | | facilities that are used by the charter school shall be subject
| 4 | | to negotiation between
the charter school and the local school | 5 | | board and shall be set forth in the
charter.
| 6 | | (j) A charter school may limit student enrollment by age or | 7 | | grade level.
| 8 | | (k) If the charter school is approved by the State Board or | 9 | | Commission, then the charter school is its own local education | 10 | | agency. | 11 | | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | 12 | | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | 13 | | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | 14 | | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | 15 | | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised | 16 | | 9-19-19.) | 17 | | Section 95. No acceleration or delay. Where this Act makes | 18 | | changes in a statute that is represented in this Act by text | 19 | | that is not yet or no longer in effect (for example, a Section | 20 | | represented by multiple versions), the use of that text does | 21 | | not accelerate or delay the taking effect of (i) the changes | 22 | | made by this Act or (ii) provisions derived from any other | 23 | | Public Act.
| 24 | | Section 99. Effective date. This Act takes effect July 1, | 25 | | 2020.
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