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Effects of the Passage of ABX4 2 on California-Adopted Instructional Materials

Introduction. On July 28, 2009, the Governor signed into law Assembly Bill 2 of the 2009-10 Fourth Extraordinary Session (ABX4 2). Until at least the year 2013: The State Board of Education is not to adopt K-8 instructional materials; LEAs are not required to purchase the most recent instructiona

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Effects of the Passage of ABX4 2 on California-Adopted Instructional Materials

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    1. Effects of the Passage of ABX4 2 on California-Adopted Instructional Materials

    2. Introduction On July 28, 2009, the Governor signed into law Assembly Bill 2 of the 2009-10 Fourth Extraordinary Session (ABX4 2). Until at least the year 2013: The State Board of Education is not to adopt K-8 instructional materials; LEAs are not required to purchase the most recent instructional materials for their K-8 students. LEAs have significant spending flexibility On July 28, 2009, the Governor signed into law Assembly Bill 2 of the 2009-10 Fourth Extraordinary Session (ABX4 2). This education trailer bill significantly altered the course of the development, adoption, and acquisition of instructional materials for kindergarten through grade eight (K-8) students in the State of California. Until at least the year 2013 the State Board of Education will not adopt K-8 instructional materials, and local educational agencies (or “LEAs”) are not required to purchase instructional materials from the most recent adoptions. Additionally, LEAs will have significant spending flexibility. I’ll cover each of these issues in this presentation.On July 28, 2009, the Governor signed into law Assembly Bill 2 of the 2009-10 Fourth Extraordinary Session (ABX4 2). This education trailer bill significantly altered the course of the development, adoption, and acquisition of instructional materials for kindergarten through grade eight (K-8) students in the State of California. Until at least the year 2013 the State Board of Education will not adopt K-8 instructional materials, and local educational agencies (or “LEAs”) are not required to purchase instructional materials from the most recent adoptions. Additionally, LEAs will have significant spending flexibility. I’ll cover each of these issues in this presentation.

    3. Suspension of Instructional Materials Adoptions California Education Code Section 60200.7: Notwithstanding Sections 60200 and 60200.1, the state board shall not adopt instructional materials or follow the procedures adopted pursuant to sections 60200 and 60200.1 until the 2013-14 school year. ABX4 2 created new California Education Code which states the following: 60200.7. Notwithstanding Sections 60200 and 60200.1, the state board shall not adopt instructional materials or follow the procedures adopted pursuant to Sections 60200 and 60200.1 until the 2013-14 school year. This law has the immediate effect of stopping state adoptions that would have taken place before this date, but it also pushes all scheduled adoption dates out to an as-of-yet undefined future. ABX4 2 created new California Education Code which states the following: 60200.7. Notwithstanding Sections 60200 and 60200.1, the state board shall not adopt instructional materials or follow the procedures adopted pursuant to Sections 60200 and 60200.1 until the 2013-14 school year. This law has the immediate effect of stopping state adoptions that would have taken place before this date, but it also pushes all scheduled adoption dates out to an as-of-yet undefined future.

    4. Suspension of the IMFRP “24 Month Rule” California Education Code Section 60200.7: (a) Notwithstanding subdivision (i) of Section 60200, Section 60422, or any other provision of law, for the 2008-09 to the 2012-13 fiscal years, inclusive, the governing board of a school district is not required to provide pupils with instructional materials by a specified period of time following adoption of those materials by the state board. The Instructional Materials Funding Realignment Program (IMFRP) law previously required LEAs to implement new instructional materials no more than 24 months following their adoption by the State Board of Education. ABX4 2 amended this law as follows: (a) Notwithstanding subdivision (i) of Section 60200, Section 60422, or any other provision of law, for the 2008-09 to the 2012-13 fiscal years, inclusive, the governing board of a school district is not required to provide pupils with instructional materials by a specified period of time following adoption of those materials by the state board. One immediate effect is that LEA waiver requests to the SBE for a 12 month extension to the 24 month timeline are no longer needed. Prior to this law, these requests were increasing exponentially at each SBE meeting. Continued-The Instructional Materials Funding Realignment Program (IMFRP) law previously required LEAs to implement new instructional materials no more than 24 months following their adoption by the State Board of Education. ABX4 2 amended this law as follows: (a) Notwithstanding subdivision (i) of Section 60200, Section 60422, or any other provision of law, for the 2008-09 to the 2012-13 fiscal years, inclusive, the governing board of a school district is not required to provide pupils with instructional materials by a specified period of time following adoption of those materials by the state board. One immediate effect is that LEA waiver requests to the SBE for a 12 month extension to the 24 month timeline are no longer needed. Prior to this law, these requests were increasing exponentially at each SBE meeting. Continued-

    5. “24 Month Rule” Cont. The two most common questions: The SBE adopted new instructional materials in Mathematics in 2007 and RLA/ELD in 2008. Must LEAs implement these new materials prior to July 1, 2013? No. When must LEAs implement SBE-adopted instructional materials? The law is unclear on this issue. At present, it’s sufficient to say that it is not before July 1, 2013. The two most common questions are these: The SBE adopted new instructional materials in Mathematics in 2007 and RLA/ELD in 2008. Do LEAs need to implement these new materials prior to July 1, 2013? No. When must LEAs implement SBE-adopted instructional materials? The law is unclear on this issue. At present, it’s sufficient to say that it is not before July 1, 2013. The two most common questions are these: The SBE adopted new instructional materials in Mathematics in 2007 and RLA/ELD in 2008. Do LEAs need to implement these new materials prior to July 1, 2013? No. When must LEAs implement SBE-adopted instructional materials? The law is unclear on this issue. At present, it’s sufficient to say that it is not before July 1, 2013.

    6. “Any Educational Purpose” Funds from 39 categorical programs may be used “for any educational purpose.” The IMFRP is included in these new flexibility provisions. The flexibility provisions apply to fiscal years 2008-09 through 2012-13. IMFRP carryover from fiscal year 2007-08 may also be included. ABX4 2 amended California Education Code Section 42605 to identify 39 categorical programs whose funds may be used “for any educational purpose.” The IMFRP is included in these new flexibility provisions. The flexibility provisions apply to fiscal years 2008-09 through 2012-13 IMFRP carryover from fiscal year 2007-08 may also be included. Previously, SBX3 4 excluded these funds, but ABX4 2 removed this exclusion. Therefore, LEAs may transfer any remaining instructional materials fund balances existing as of June 30, 2008. Continued-ABX4 2 amended California Education Code Section 42605 to identify 39 categorical programs whose funds may be used “for any educational purpose.” The IMFRP is included in these new flexibility provisions. The flexibility provisions apply to fiscal years 2008-09 through 2012-13 IMFRP carryover from fiscal year 2007-08 may also be included. Previously, SBX3 4 excluded these funds, but ABX4 2 removed this exclusion. Therefore, LEAs may transfer any remaining instructional materials fund balances existing as of June 30, 2008. Continued-

    7. Stipulations to “Any Educational Purpose”. Stipulations for instructional materials acquisitions (EC Section 42605(e)(2)): LEAs must maintain sufficiency of instructional materials for all students In purchasing instructional materials to meet sufficiency, LEAs can only use IMFRP—or any of funds from the 39 categorical programs which have been included in the flexibility provisions—to purchase: “materials adopted by the state board for kindergarten and grades 1 to 8, inclusive, and for grades 9 to 12, inclusive, the materials purchased shall be aligned with state standards as defined by Section 60605, and shall also meet the reporting and sufficiency requirements contained in Section 60119.” EC Section 42605(a) also references stipulations--including for instructional materials acquisitions as found in EC Section 42605(e)(2): LEAs must maintain sufficiency of instructional materials for all students. In purchasing instructional materials to meet sufficiency, LEAs can only use IMFRP—or any of funds from the 39 categorical programs which have been included in the flexibility provisions—to purchase: “materials adopted by the state board for kindergarten and grades 1 to 8, inclusive, and for grades 9 to 12, inclusive, the materials purchased shall be aligned with state standards as defined by Section 60605, and shall also meet the reporting and sufficiency requirements contained in Section 60119.” EC Section 42605(a) also references stipulations--including for instructional materials acquisitions as found in EC Section 42605(e)(2): LEAs must maintain sufficiency of instructional materials for all students. In purchasing instructional materials to meet sufficiency, LEAs can only use IMFRP—or any of funds from the 39 categorical programs which have been included in the flexibility provisions—to purchase: “materials adopted by the state board for kindergarten and grades 1 to 8, inclusive, and for grades 9 to 12, inclusive, the materials purchased shall be aligned with state standards as defined by Section 60605, and shall also meet the reporting and sufficiency requirements contained in Section 60119.”

    8. Williams Requirements The Williams sufficiency requirements are still in place. Districts must still insure that every student has standards-aligned instructional materials in the four core subjects. Compliance visits for Williams will continue as usual. The Audit Guide no longer includes a check for instructional materials purchases. Textbooks or instructional materials from the prior SBE adoption lists meet the sufficiency requirement. The Williams sufficiency requirements are still in place. Districts must still insure that every student has standards-aligned instructional materials in the four core subjects (state-adopted in grades K–8 and locally adopted for grades 9-12). Compliance visits for Williams will continue as usual. The Audit Guide no longer includes a check for instructional materials purchases due to the fact that once sufficiency of instructional materials is achieved the funds may be used “for any educational purpose.” Textbooks or instructional materials from the prior SBE adoption lists meet the sufficiency requirement; for example, mathematics textbooks or instructional materials from the 2001 SBE adoption list and RLA/ELD textbooks or instructional materials from the 2002 SBE adoption list meet Williams sufficiency requirements. Continued-The Williams sufficiency requirements are still in place. Districts must still insure that every student has standards-aligned instructional materials in the four core subjects (state-adopted in grades K–8 and locally adopted for grades 9-12). Compliance visits for Williams will continue as usual. The Audit Guide no longer includes a check for instructional materials purchases due to the fact that once sufficiency of instructional materials is achieved the funds may be used “for any educational purpose.” Textbooks or instructional materials from the prior SBE adoption lists meet the sufficiency requirement; for example, mathematics textbooks or instructional materials from the 2001 SBE adoption list and RLA/ELD textbooks or instructional materials from the 2002 SBE adoption list meet Williams sufficiency requirements. Continued-

    9. Williams Requirements, Cont. EC Section 60422.1 reiterates that nothing relieves the local board from conducting the annual public hearing required by EC Section 60119. No longer an exemption for <1% statewide revenue limit. Additional information, including FAQs regarding these public hearings, is available at (http://www.cde.ca.gov/ci/cr/cf/imfrpfaq1.asp). EC Section 60422.1, added by ABX4 2, reiterates that nothing relieves the local board from conducting the annual public hearing required by EC Section 60119. Previously the law stated that if the statewide revenue limit dropped below an annual 1% increase that LEAS did not have to hold a sufficiency hearing. However, EC Section 60119 has been amended. Regardless of the revenue limit, the governing board of a school district must hold an annual public hearing in order to determine whether every student has sufficient and appropriate textbooks or instructional materials in mathematics, science, history-social science, and RLA/ELD. Additional information, including FAQs regarding these public hearings, is available on our Web site.EC Section 60422.1, added by ABX4 2, reiterates that nothing relieves the local board from conducting the annual public hearing required by EC Section 60119. Previously the law stated that if the statewide revenue limit dropped below an annual 1% increase that LEAS did not have to hold a sufficiency hearing. However, EC Section 60119 has been amended. Regardless of the revenue limit, the governing board of a school district must hold an annual public hearing in order to determine whether every student has sufficient and appropriate textbooks or instructional materials in mathematics, science, history-social science, and RLA/ELD. Additional information, including FAQs regarding these public hearings, is available on our Web site.

    10. Implementation of Instructional Materials LEAs must implement instructional materials by grade level throughout the LEA. LEAs may not implement instructional materials from one adoption at one school and instructional materials from another adoption, or publisher, at another school. Throughout an LEA, students must use the same instructional materials. EC Section 42605(e)(2)(B) states: “…all pupils within the local education agency who are enrolled in the same course shall have identical textbooks and instructional materials, as specified in Section 1240.3.” LEAs must implement instructional materials by grade level throughout the LEA. LEAs may not implement instructional materials from one adoption at one school and instructional materials from another adoption, or publisher, at another school. Throughout an LEA, students must use the same instructional materials. EC Section 42605(e)(2)(B) states: “…all pupils within the local education agency who are enrolled in the same course shall have identical textbooks and instructional materials, as specified in Section 1240.3.” Continued- LEAs must implement instructional materials by grade level throughout the LEA. LEAs may not implement instructional materials from one adoption at one school and instructional materials from another adoption, or publisher, at another school. Throughout an LEA, students must use the same instructional materials. EC Section 42605(e)(2)(B) states: “…all pupils within the local education agency who are enrolled in the same course shall have identical textbooks and instructional materials, as specified in Section 1240.3.” Continued-

    11. Implementation of Instructional Materials, Cont. While EC Section 1240.3 stipulates that those instructional materials must be “…from the same adoption, consistent with Sections 60119 and 60422”, it allows for the implementation of these materials separated by grade level, stating: “This section does not require a local educational agency to purchase all of the instructional materials included in an adoption if the materials that are purchased are made available to all the pupils for whom they are intended in all of the schools within the local educational agency.” While EC Section 1240.3 stipulates that those instructional materials must be “…from the same adoption, consistent with Sections 60119 and 60422”, it allows for the implementation of these materials separated by grade level, stating: “This section does not require a local educational agency to purchase all of the instructional materials included in an adoption if the materials that are purchased are made available to all the pupils for whom they are intended in all of the schools within the local educational agency.” While EC Section 1240.3 stipulates that those instructional materials must be “…from the same adoption, consistent with Sections 60119 and 60422”, it allows for the implementation of these materials separated by grade level, stating: “This section does not require a local educational agency to purchase all of the instructional materials included in an adoption if the materials that are purchased are made available to all the pupils for whom they are intended in all of the schools within the local educational agency.”

    12. Follow-Up Adoption The enactment of ABX4 2 suspended not only instructional materials primary adoptions but also the 2010 Follow-Up Adoption. Foreign Language Reading/Language Arts/English Language Development Mathematics Science The enactment of ABX4 2 suspended not only instructional materials primary adoptions but also the 2010 Follow-Up Adoption which would have appended newly approved instructional materials to existing adoptions: Foreign Language Follow-Up Adoption – eliminated is the anticipated adoption of instructional materials in Mandarin Chinese and Japanese. It also prevents the possible addition of three K–5 and K–8 Spanish language programs. RLA/ELD – eliminated is the possibility of adding six new K–6 or K–8 basic (core) programs and three Intervention programs. Based upon a publisher survey, among the anticipated programs were two primary language programs (Program Type 3) and three Intervention programs, including one for English learners (Program Type 5). Mathematics – eliminated is the opportunity to add three new K–8 basic programs, two intervention programs, and two algebra readiness programs. Science – eliminated is the anticipated addition of three K–8 basic programs. The enactment of ABX4 2 suspended not only instructional materials primary adoptions but also the 2010 Follow-Up Adoption which would have appended newly approved instructional materials to existing adoptions: Foreign Language Follow-Up Adoption – eliminated is the anticipated adoption of instructional materials in Mandarin Chinese and Japanese. It also prevents the possible addition of three K–5 and K–8 Spanish language programs. RLA/ELD – eliminated is the possibility of adding six new K–6 or K–8 basic (core) programs and three Intervention programs. Based upon a publisher survey, among the anticipated programs were two primary language programs (Program Type 3) and three Intervention programs, including one for English learners (Program Type 5). Mathematics – eliminated is the opportunity to add three new K–8 basic programs, two intervention programs, and two algebra readiness programs. Science – eliminated is the anticipated addition of three K–8 basic programs.

    13. Suspension of Curriculum Frameworks ABX4 2 suspended until the 2013-14 school year the process and procedures not only for adopting instructional materials but also for framework revisions. The history-social science, science, health, and mathematics curriculum frameworks were under development in 2009. ABX4 2 suspended until the 2013-14 school year the process and procedures not only for adopting instructional materials but also for framework revisions. The history-social science, science, health, and mathematics curriculum frameworks were under development in 2009. ABX4 2 suspended until the 2013-14 school year the process and procedures not only for adopting instructional materials but also for framework revisions. The history-social science, science, health, and mathematics curriculum frameworks were under development in 2009.

    14. Suspension of Curriculum Frameworks, Cont. History-Social Science Framework – The Curriculum Development and Supplemental Materials Commission (Curriculum Commission) approved the draft update of the History-Social Science Framework for California Public Schools for field review. The draft framework is posted on the CDE Web page: (http://www.cde.ca.gov/ci/hs/cf/) History-Social Science Framework – The Curriculum Development and Supplemental Materials Commission (or, “Curriculum Commission”) approved the draft update of the History-Social Science Framework for California Public Schools for field review. The draft framework is posted on the CDE Web site. However, the actual field review and online survey will not occur at this time. This draft included new instructional guidance in the areas of civic education, geography, world history, religion and the teaching of history-social science, and addressed the needs of students with special needs by including a chapter on universal access. The current History-Social Science Framework, adopted in 2005, is based on the 2001 edition and contains no guidance on universal access. History-Social Science Framework – The Curriculum Development and Supplemental Materials Commission (or, “Curriculum Commission”) approved the draft update of the History-Social Science Framework for California Public Schools for field review. The draft framework is posted on the CDE Web site. However, the actual field review and online survey will not occur at this time. This draft included new instructional guidance in the areas of civic education, geography, world history, religion and the teaching of history-social science, and addressed the needs of students with special needs by including a chapter on universal access. The current History-Social Science Framework, adopted in 2005, is based on the 2001 edition and contains no guidance on universal access.

    15. Suspension of Curriculum Frameworks, Cont. Science Framework - The SBE had approved guidelines for updating the Science Framework and appointed the CFCC. The current framework and criteria contradict each other. The investigation and experimentation standards are not included in the course descriptions. The guidance on English learners and students with special needs amounts to one page in a 310 page document. Science Framework - The SBE had approved guidelines for updating the Science Framework and appointed the CFCC. The committee held one meeting. The current Science Framework was adopted in 2002, and its criteria were approved by the SBE in 2004. However, the framework and criteria contradict each other on how much hands-on science instruction should occur in the classroom. In addition, the investigation and experimentation standards are not included in the course descriptions. Lastly, the guidance on English learners and students with special needs amounts to one page in a 310 page document. Science Framework - The SBE had approved guidelines for updating the Science Framework and appointed the CFCC. The committee held one meeting. The current Science Framework was adopted in 2002, and its criteria were approved by the SBE in 2004. However, the framework and criteria contradict each other on how much hands-on science instruction should occur in the classroom. In addition, the investigation and experimentation standards are not included in the course descriptions. Lastly, the guidance on English learners and students with special needs amounts to one page in a 310 page document.

    16. Suspension of Curriculum Frameworks, Cont. Health Framework - The SBE had approved a timeline and plan for revising the Health Framework. The current framework does not reflect new health education standards adopted in 2008. Health Framework - The SBE had approved a timeline and plan for revising the Health Framework. The current framework was adopted in 2002 with most content written in 1994 and does not reflect new health education standards adopted in 2008. Health Framework - The SBE had approved a timeline and plan for revising the Health Framework. The current framework was adopted in 2002 with most content written in 1994 and does not reflect new health education standards adopted in 2008.

    17. Suspension of Curriculum Frameworks, Cont. Mathematics Framework - The SBE had approved a timeline and plan for revising the Mathematics Framework. The current framework gives little guidance on integrating mathematical reasoning standards with the other mathematics standards. In addition, the Mathematics Framework contains only one paragraph addressing English learners. Mathematics Framework - The SBE had approved a timeline and plan for revising the Mathematics Framework. The current framework was adopted in 2005. However, it gives little guidance on integrating mathematical reasoning standards with the other mathematics standards. In addition, the Mathematics Framework contains only one paragraph addressing English learners and advises school districts to address the needs of English learners by focusing “on the development of English language skills and later to provide compensatory and supplemental instruction in mathematics.” Mathematics Framework - The SBE had approved a timeline and plan for revising the Mathematics Framework. The current framework was adopted in 2005. However, it gives little guidance on integrating mathematical reasoning standards with the other mathematics standards. In addition, the Mathematics Framework contains only one paragraph addressing English learners and advises school districts to address the needs of English learners by focusing “on the development of English language skills and later to provide compensatory and supplemental instruction in mathematics.”

    18. Suspension of Curriculum Frameworks, Cont. Existing frameworks do not include recent statutory requirements regarding the inclusion of the following: Environmental Principles and Concepts (Public Resources Code Section 71301) Financial preparedness/fiscal literacy (EC Section 51284) Mexican Repatriation Program (SCR 58, Chapter 128 of the Statutes of 2007) Civil rights, human rights violations, slavery and the Holocaust (EC Section 51226.3) Equal rights and opportunities and nondiscrimination (EC sections 200–221) Comprehensive sexual health education and instruction on HIV/AIDS prevention (EC sections 51930–51939) Nutrition education (EC section 51210.4) Existing frameworks do not include recent statutory requirements regarding the inclusion of the following: Environmental Principles and Concepts Financial preparedness/fiscal literacy Mexican Repatriation Program Civil rights, human rights violations, slavery and the Holocaust Equal rights and opportunities and nondiscrimination Comprehensive sexual health education and instruction on HIV/AIDS prevention Nutrition education Existing frameworks do not include recent statutory requirements regarding the inclusion of the following: Environmental Principles and Concepts Financial preparedness/fiscal literacy Mexican Repatriation Program Civil rights, human rights violations, slavery and the Holocaust Equal rights and opportunities and nondiscrimination Comprehensive sexual health education and instruction on HIV/AIDS prevention Nutrition education

    19. Division Projects Unaffected by Change in Law Education and the Environment Initiative Social Content Review (EC sections 60040-60045 and 60048 ) Price List Learning Resources Display Centers (LRDCs) Technical Assistance The Education and the Environment Initiative is authorized by EC Section 60041 and Public Resources Code Section 71301–71305. This project is funded by the CalEPA. Social Content Review - Publishers submit instructional materials to the CDE for consideration of being identified as having passed social content review. The CDE contracts out to COEs for this service, and publishers pay a fee. Price List - While the online price list of SBE-adopted instructional materials is mandated by EC Section 60200 and hence relieved by the Section 60200.7, the CDE will continue to post and maintain this price list as a courtesy to LEAs who have come to rely on the information and may yet wish to review and purchase instructional materials previously adopted. LRDCs - The CDE maintains MOUs with the LRDCs who make available to the public and LEAs recently adopted instructional materials. The CDE regularly provides the LRDCs with important information regarding instructional materials which they in turn provide to LEAs and the public. Technical Assistance – we continue to provide technical assistance to LEAs, publishers, the public, and to CLRN or the “Technical Assistance to the California Learning Resources Network”. CLRN is a project of the Statewide Education Technology Services (SETS), which uses the Stanislaus County Office of Education as its contractor. Recently, the Governor initiated an electronic instructional materials initiative. CLRN consulted the CDE on this issue. This project is anticipated to expand in the near future. The Education and the Environment Initiative is authorized by EC Section 60041 and Public Resources Code Section 71301–71305. This project is funded by the CalEPA. Social Content Review - Publishers submit instructional materials to the CDE for consideration of being identified as having passed social content review. The CDE contracts out to COEs for this service, and publishers pay a fee. Price List - While the online price list of SBE-adopted instructional materials is mandated by EC Section 60200 and hence relieved by the Section 60200.7, the CDE will continue to post and maintain this price list as a courtesy to LEAs who have come to rely on the information and may yet wish to review and purchase instructional materials previously adopted. LRDCs - The CDE maintains MOUs with the LRDCs who make available to the public and LEAs recently adopted instructional materials. The CDE regularly provides the LRDCs with important information regarding instructional materials which they in turn provide to LEAs and the public. Technical Assistance – we continue to provide technical assistance to LEAs, publishers, the public, and to CLRN or the “Technical Assistance to the California Learning Resources Network”. CLRN is a project of the Statewide Education Technology Services (SETS), which uses the Stanislaus County Office of Education as its contractor. Recently, the Governor initiated an electronic instructional materials initiative. CLRN consulted the CDE on this issue. This project is anticipated to expand in the near future.

    20. NOTICE: The guidance in this presentation is not binding on local educational agencies or other entities. Except for the statutes, regulations, and court decisions that are referenced herein, this information is exemplary, and compliance with it is not mandatory. (See California Education Code Section 33308.5.)

    21. For more information, please visit the CDE Web site, or contact the Curriculum Frameworks & Instructional Resources Division: at 916-319-0881

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