Procedural Safeguards

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SPECIAL EDUCATION.101
WHAT EVERY SPECIAL EDUCATION TEACHER SHOULD KNOW
Tupelo Public School District
Special Education Department
2014-2015
Procedural Safeguards
Written Prior Notice
IEP
OT / PT
Language / Speech
Significant Cognitive Disability
Alternate Assessment
Reevaluations
Teacher Narrative
Manifestation Determination
Class Rolls & Update Forms
LSC
District Forms
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Procedural Safeguards
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*Procedural Safeguards represents the rights of parents and students with disabilities. The
Procedural Safeguards should be presented AND explained to the parent/guardian, according to
IDEA, at least once each year.
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The special education teacher should not simply offer the document & ask the parents to review
this at their leisure without a thorough explanation. A “*cheat sheet” is available for teachers
to expedite the discussion in a thorough but timely manner.
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Parents MUST receive a copy at the Initial Eligibility meeting AND at Reevaluation meetings.
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Parents can request a copy at any time.
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Parents can decline to take a copy when offered.
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Copies can be made at the SPED Office.
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Parents are asked to sign *Documentation of Procedural Safeguards each time a copy is given.
Notes:________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Written Prior Notice
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The *Notice of Committee Meeting (Attachment T), or WPN, should be given to a parent/
guardian at least 7 days prior to a meeting. The *Parent Invitation Response Form (5B) should
be sent along with the WPN.
All of the blanks on the WPN should be filled. Each section of the form should have at least one
check (√). Page 2 of the WPN should be signed & dated by the teacher.
Individuals who are invited & expected to attend the meeting should be listed by name on page
2 of the WPN.
The Response Form should indicate the purpose of the meeting at the top of the page(circle all
that apply):
1. Parent Invitation to Eligibility Determination Conference
2. Notice of Committee Meeting for
a) Review/Revision of IEP
b) Determine Behavior Plan/Intervention & Manifestation Review
c) Reevaluation
3. Parent Invitation to Follow-Up Eligibility Determination Conference
Each time a notice is sent home, a copy of the WPN & Response Form should be kept in the
student’s file for documentation purposes. The original is sent home.
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Multiple attempts should be made to contact the parent/guardian; at least 3 attempts should be
made before the meeting is held without the parent. MDE suggests a variety of attempts as
best practice, such as WPN, phone call, home visit. Each attempt should be documented with
outcome.
If a meeting is scheduled by telephone, the phone conversation should be documented and the
following should occur:
1. The parent should receive the WPN at the meeting; a copy is kept in the student’s file
2. The parent should sign the Response Form (5B); it is kept in the student’s file
3. The parent should sign a *Written Prior Notice Waiver; it is kept in the student’s file
Notes:________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
IEP
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The *Standards-Based IEP should be used for all new IEPs starting 2014. A standards-based IEP
is a document framed by the State standards & contains goals that are aligned with, and chosen
to facilitate, the student’s achievement of State grade-level academic standards.
The traditional IEP of the past discussed the student’s strengths & weaknesses (PLP), reviewed
existing formal & informal evaluation data in the student’s areas of need, and listed goals &
objectives focused on developmental or functional skills. These goals & objectives were
typically written based on the curriculum at the student’s functional level without links to gradelevel curriculum standards.
The SBIEP discusses the student’s present level of academic achievement/functional
performance (PLAAFP) within the context of grade-level standards. The SBIEP identifies current
skills that will allow or support student access to grade-level curriculum. The SBIEP also
determines, according to data, what skills the student needs to acquire in order to be successful
in grade-level curriculum. The goals/objectives should identify necessary accommodations or
modifications; they may also focus on pre-requisite skills. The SBIEP is designed to close the gap
between the functional & grade-level curriculum.
When writing the IEP, data for consideration should include informal classroom assessments,
statewide assessments, performance evaluations, criterion-based evaluations, curriculum-based
assessments, work samples, report cards, progress from previous IEP, discipline referrals,
attendance, parent input, student input (age 14 and up), & medical reports.
Data from the initial evaluation should only be listed in the PLAAPF of the initial IEP.
Reevaluation data should only be listed in the upcoming IEP, but other data should be included
as well.
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The PLAAFP should describe
o the skills the student demonstrates
o how the student performs compared to expectations in the general education
curriculum (how wide is the gap).
o prerequisite skills the student needs to learn this year in order to close the gap.
o how the student performs in the classroom/school environment.
o effective accommodations that support this student.
o the student’s interest and preferences that are motivators.
o how the student’s disability affects performance in the gen ed curriculum…for preK
students, how the disability affects the child’s participation in age-appropriate
activities).
o identify what you will measure to assess progress and collect baseline data
(measureable/observable data).
o It should pass THE STRANGER TEST!!!
WRITE THIS…
John’s weakness in applying strategies, such as making
inferences and making complex predictions, affect his
progress in comprehending 6th grade literature…
Kate’s weak communication skills, such as expressing her
wants, directly affect her ability to engage in meaningful
conversation with her peers.
Bob displays limited automatic recall of math facts 0-10 and
requires manipulatives for addition and subtraction.
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NOT THIS…
John’s learning disability affects his progress in the general
curriculum
Kate’s developmental delays negatively affect her performance
in the classroom…
Bob does not add or subtract single digit numbers.
IEP annual goals should describe what at student can reasonable expect to accomplish in one
school year. Annual goals should answer the question, ‘What should the student be doing?”
Annual goals are related to needs that directly result from the student’s disability and affect
progress or involvement in the gen ed curriculum.
If the student has many needs, the IEP team should select the need that has the greatest impact
on the student’s progress and develop a goal to address that need, then choose a content
standard that is most important for that student’s success.
The IEP annual goal is NOT the content standard…it should not be copied word for word. The
STIO should realistically describe the skills necessary to achieve that goal.
Every IEP goal and objective should be SMART:
o S – Specific (based on the student’s PLAAFP)
o M – Measurable (progress is objectively determined at frequent data points)
o A – Achievable (realistic, related to critical needs)
o R – Results-oriented (developed with standards’ outcome in mind)
o T – Time-bound (clearly defined beginning and ending dates)
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WRITE THIS…
rd
Given
 3 grade text, John will read a passage of text orally at
110-130 wpm with less than 10 errors.
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Provided
with anger management training, Kate will be able
toremove herself from the conditions that cause her to lose
control of her emotions so that she does not have behavior
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referrals.
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Using
 the grade-level rules of grammar, Bob will write a
paragraph
of at least 5 unified sentences that has a topic
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sentence and details across 8 of 10 trials.
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NOT THIS…
John will improve his reading skills.
Kate will decrease her temper tantrums.
Bob will write a good paragraph.
IEP goals should include an observable, measurable verb. The method of measurement can be
described in age/grade level performance (3rd grade reading level, 48 mos. AE) or rate (3/4
times, 15 min/class, 80%). A list of observable, measurable terms is provided at the end of this
document.
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Goal progress should be updated every nine weeks on the IEP. Copies of the updated goal
sheets should be sent home at the frequency marked on the IEP (4 ½ weeks, 6 weeks, 9 weeks).
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Special Considerations: the IEP committee must address the 6 areas of special considerations
when developing, reviewing, and/or revising the IEP.
These special considerations are
Communication, Assistive Technology, Services for the Blind or Visually Impaired, Services for
the Deaf or Hearing Impaired, Behavior Intervention, and Limited English Proficiency (LEP).
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Some Special Considerations will be inherent to the student’s disability. For example, a student
with Autism may require special considerations for Behavior, Communication, and maybe even
Assistive Technology. A student with an Emotional Disability or OHI-ADHD may require special
considerations for Behavior. Whatever the area of consideration, data should be available to
back it up.
A student with Developmental Delay may require special considerations for
Communication or Behavior.
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Related Services are developmental, corrective, and other supportive services that are required
to assist a student with a disability to benefit from special education and includes the following
services: speech-language pathology and audiology, interpreting, psychological, physical, and
occupational therapy, recreation (including therapeutic recreation), counseling (including
rehabilitation), orientation and mobility, social work, health and school nurse, parent
counseling/training, medical services for diagnostic/evaluation purposes.
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The description of the related service should indicate the location, amount of time, and
frequency of the service.
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Participation in State-wide Assessments & Significant Cognitive Disability. If a student is over
the age of 18 OR determined to have SCD and is under 8 years of age, then the student is not
required to participate in state-wide assessments.
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To determine if the student is SCD, the student must demonstrate 3 criteria: significant cognitive
& adaptive deficits, backed by data, that prevent participation in the general curriculum even
with accommodations/modifications; extensive direct instruction in both academic & functional
skills across multiple settings; the inability of the student to complete the general curriculum is
not the result of excessive absences nor the result of visual, auditory, or physical disabilities, nor
is it due to emotional-behavioral, SLD, or social, cultural, economic differences.
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The SCD determination can change from year to year. It can be made at any age & any time
during the year.
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Accommodations are instructional or test adaptations. They make it possible for students to
show what they know without being hindered by their disability. Accommodations do not alter
the content of the assignment, give the student an unfair advantage, or change what a test
measures. Accommodations can be provided for instructional methods/materials, assignments
& assessments, environment, schedule, and communication.
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Modifications are instructional or test adaptations that allow the student to show what they
know, but they do change or reduce the target skill in some way. Therefore, the task complexity
and performance expectation is altered. Modifications may include completion of part of the
program/course, curriculum expectations below grade level, alternate curriculum goals, and
alternate assessments.
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Accommodations and modifications are determined by the IEP committee, not one person.
They should be used in conjunction with differentiated instruction to allow for the greatest
possibility of academic success.
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Transition. The Individual Transition Plan should be addressed on the IEP that is in place when
the student turns 14.
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The Transition Plan should 1) address activities that are designed to help the student transition
from school to post-school activities. These activities can include post-secondary education,
vocational training, integrated employment, continuing/adult basic ed, adult services,
independent living, or community participation 2) be based on the student’s needs, strengths,
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preferences, interests
3) include instruction, related services, community experiences,
employment objectives, living objectives, daily living skills, and vocational evaluation.
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Exit Options. Exit Options for graduation should be reviewed with the parent and student when
transition is addressed or by 9th grade.
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Least Restrictive Environment. LRE refers to the setting in which a student with a disability can
receive an appropriate education designed to meet his/her educational needs, alongside peers
without disabilities, to the maximum extent that is appropriate. The LRE should be a reflection
of the IEP committee’s decision. For older students, the LRE can change between semesters.
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The LRE must be addressed & described. The description should include the basis for the
decision (student needs, performance, behaviors, necessary accommodations, etc.), as well as
the amount of time that is not spent with non-disabled peers.
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Transportation. If the student rides the special education bus, Transportation should be listed
as a Related Service. If a student will receive Transportation, the Director of Transportation
must be invited to the IEP meeting.
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Signatures. The initial IEP must have the parent / guardian signature in the box marked Written
Parental Permission for Initial Placement. This box is at the bottom of the LRE page. This
permission cannot be received over the phone. The form should not be sent home for signature
return.
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Committee member signatures. Actual signatures are not required for the IEP committee
participants; however, it is a good idea. If the names are pre-printed, the sped teacher should
consider having the members initial their names.
Notes:____________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
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OT / PT
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A student must have a prescription from a physician for OT or PT services.
An evaluation will be completed by the therapist to determine if therapy is necessary for
academic benefit.
If it is determined that the student should receive OT and/or PT from the school, goals will be
added to the IEP and the service, location, and frequency will be added to the IEP as a Related
Service.
A new prescription must be provided every school year.
Notes:____________________________________________________________________________
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__________________________________________________________________________________
Language / Speech
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Language / Speech therapy is offered to students who demonstrate difficulties in these areas
based on their performance on standardized assessments.
Language refers to expressive, receptive, or pragmatic language skills. Speech refers to
articulation, voice, or fluency skills.
Eligibility for L/S can appear a number of ways: L/S-Subcategory (only), L/S- Subcategory (with a
primary eligibility). Because language needs are inherent for the following primary disability
categories, a secondary language ruling is not required: Hearing Impairment, Autism, Traumatic
Brain Injury, Specific Learning Disability (Oral Expression or Listening Comprehension), or
Developmental Delay (if Communication is an area of delay). The IEP committee can decide if
language therapy will be provided as a related service.
If a child has a DD Ruling and the reevaluation is due, the SLP must complete formal testing as
part of the comprehensive reevaluation in language and articulation, if warranted.
If the student has a L/S-Artic ruling at time of reevaluation, formal testing is not needed. You
must make a statement that articulation goals have not been met; list the sounds not mastered
and the reason the service needs to continue.
If the student continues to have failing grades in ELA and cannot be dismissed from
Language/Speech services, the IEP committee can determine that language goals will be
provided by the Sped teacher in the classroom. The SLP will serve as a “consultant” and provide
language strategies and/or skills to the Sped teacher with the Sped teacher writing the goals and
marking the progress on the IEP. The SLP can no longer count that child on her class roll, as she
is not providing direct services. The Sped teacher will need to indicate on the new IEP on the
Related Services page under “Supports for Personnel” Document basis for the decision: that the
“SLP will consult with the Sped teacher regarding language strategies. These services will be
provided in the Sped classroom by the Sped teacher.” Duration/Frequency: every 9 weeks.
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Intellectual Disability IS NOT an area with automatic language related service—a secondary
eligibility of L/S-Language is required.
If the student receives any language or speech related service, the SLP must be invited to all IEP
meetings.
Notes:____________________________________________________________________________
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__________________________________________________________________________________
Alternate Assessment
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Alternate Assessments are for students with SCD in grades 3-12 who will not participate in
statewide assessments.
ELA and Math assessments are given once a year and are computer based. The Science
assessment (MAAESF) is portfolio based. Teachers will gather “evidence” for baseline,
secondary, and final, and the work is uploaded.
For students listed as 56 or 58 in MSIS, meaning they are not assigned to a grade, use the
following to determine their “grade level” of testing:
o
o
o
o
o
o
o
o
o
Age 8
Age 9
Age 10
Age 11
Age 12
Age 13
Age 14
Age 15
Age 16
Age as of September 1 of Current Year:
3rd grade
ELA / Math
th
4 grade
ELA / Math
5th grade
ELA / Math, MAAESF
th
6 grade
ELA / Math
7th grade
ELA / Math
8th grade
ELA / Math, MAAESF
th
9 grade
Math
10th grade
ELA
11th grade
MAAESF
Notes:____________________________________________________________________________
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Reevaluations
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Reevaluations are completed every three years. They are completed to determine if the current
eligibility is the most appropriate. Reevaluations can be completed with or without additional
testing.
To complete a reevaluation, the following should occur:
o Send parent WPN & Response form to schedule a meeting for Review/Revision of IEP
and Discussion of Reevaluation.
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o
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Discuss with the IEP committee & parent the decision to complete a reevaluation
without additional testing (Short Reeval) or with additional testing (Long Reeval).
o Present the parent with Procedural Safeguards.
o Have the parent sign the *Permission for Re-Evaluation form. The parent can disagree
with the committee’s recommendation about testing.
o Sign the IEP as a Review.
o When the reevaluation is completed, send another WPN & Response form to schedule
Review/Revision of IEP and Discussion of Reevaluation.
o Review the results of the reevaluation, get committee signatures on the determination,
and make the necessary changes to the IEP (eligibility date, eligibility category), and sign
the IEP.
A reevaluation without additional testing (Short Reeval) does not need a parent signature since
permission for testing is not requested. A checklist (*Reeval no additional testing) is available
on Haiku, along with all of the necessary documents. The *2-page reevaluation report is
completed and signed at the reeval meeting.
A reevaluation with additional testing (Long Reeval) must have parent signature for permission
to test. A checklist (*Reeval with Additional Testing) is available on Haiku, along with the
necessary documents. The 2-page reevaluation report is not completed since a summary report
with the results of the comprehensive assessment is compiled.
A student with Developmental Delay (DD) eligibility must have a long reeval before the 10th
birthday.
Notes:____________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Teacher Narrative
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The *Teacher Narrative (TN) is completed for every initial evaluation and reevaluation. Every
part of the TN should be addressed; nothing should be blank.
The TN is not complete without benchmarks. Benchmarks should be completed for Reading,
Writing, & Math with strengths & weaknesses (+/-) beginning at the current grade level. Lower
grade level benchmarks should be completed until a mastery level is reached. The TN and
benchmarks for PreK—8th grade can be found on Haiku.
Notes:____________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
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Manifestation Determination
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*Manifestation Determination Review (MDR) is a meeting held to determine whether the
behavior that led to a suspension was a direct manifestation of the child’s disability or a direct
result of the school’s failure to implement the IEP properly.
MDR is conducted when a student with disability
o is suspended for more than 10 days at once
o suspended more than 10 days total per school year
o is removed to an alternative educational setting
MDR must be done no later than ten (10) school days after the date on which the decision to
take that action is made
MDR is conducted by the IEP committee and other qualified personnel. This review may occur
when the committee meets to discuss the child’s behavioral intervention plan. The IEP
committee and other qualified personnel will determine that the behavior of the child was not a
manifestation of the child’s disability only after the consideration of the following:
o evaluation and diagnostic results, or other relevant information supplied by the
parent(s) of the child;
o observations of the child; and
o the child’s IEP and placement.
Based on the consideration of the information, the IEP committee and other qualified personnel
will then determine the following:
o Was the behavior caused by the student’s disability?
o Was the behavior directly and substantially related to the student’s disability?
o Was the behavior the direct result of the school district no implementing the child’s IEP?
The determination may be “not a manifestation” only if all questions are answered “no”.
Once the determination is made, the IEP committee and other qualified personnel will
determine the relevant disciplinary procedures to follow.
Class Rolls & Update Forms
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Class roll update forms are completed every time the teacher:
o Gets a new student (new transfer, new eligibility)
o Has an IEP meeting (R/R, reevaluation)
o Loses a student (ineligibility, change of placement, withdrawal, grade promotion)
Notes:________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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LSC
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The Local Survey Committee (LSC) is involved in determining a student’s educational needs.
Members of the LSC include administrators, counselors, special education and regular education
teachers, SLPs, nurses, psychometrists, school psychologists, or other relevant school staff.
The LSC chairperson must have a working knowledge of the special education process. The LSC
chair is responsible for sending out notices, scheduling meetings, and documenting the minutes
of meetings.
Notes:________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
District Forms
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Additional forms and information found on Haiku include:
o Hearing / Vision Screening
o Report of Physical Observation
o Release of Information
o Parent Interview
o Teacher Classroom Report
o Permission for Evaluation
o Permission for Reevaluation
o Determination of Eligibility
o OT / PT Referral
o SBIEP Guide / PowerPoint
o Refusal of Services
o 9 week Progress of IEP Goals—Documentation
o Dynamic Learning Maps (DLM)
o Subject Area Alternative Assessment (SAAA)
o PARCC Assessment Accommodations Manual
o Transition
o Behavior Interventions and Positive Behavior Support
Notes:____________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
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