Rhode Island 2023 Regular Session

Rhode Island House Bill H6272 Compare Versions

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55 2023 -- H 6272
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO EDUCATION -- EDUCATION ACCOUNTABILITY ACT
1616 Introduced By: Representatives Caldwell, and Dawson
1717 Date Introduced: April 07, 2023
1818 Referred To: House Education
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Sections 16-97.1-1 and 16-97.1-2 of the General Laws in Chapter 16-97.1 1
2323 entitled "Education Accountability Act" are hereby amended to read as follows: 2
2424 16-97.1-1. Performances of local education agencies and individual public schools — 3
2525 Evaluation system — Assessment instruments — Reports. 4
2626 (a) The board of education (the “board”) shall adopt a system for evaluating, on an annual 5
2727 basis, the performance of both local education agencies (“LEAs”) and individual public schools. 6
2828 The system shall: 7
2929 (1) Include instruments designed to assess the extent to which schools and LEAs succeed 8
3030 in improving or fail to improve student performance, as defined by: 9
3131 (i) Student acquisition of the skills, competencies, and knowledge called for by the 10
3232 academic standards and embodied in the curriculum frameworks established in the areas of 11
3333 mathematics, English language arts, science and technology, history and social studies, world 12
3434 languages, and the arts; and 13
3535 (ii) Other gauges of student learning judged by the board to be relevant and meaningful to 14
3636 students, parents, teachers, administrators, and taxpayers. 15
3737 (2) Be designed both to measure outcomes and results regarding student performance, and 16
3838 to improve the effectiveness of curriculum and instruction. 17
3939 (3) In its design and application, strike a balance among considerations of accuracy, 18
4040 fairness, expense, and administration. 19
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4444 (4) Employ a variety of assessment instruments on either a comprehensive or statistically 1
4545 valid sampling basis. Such instruments shall: 2
4646 (i) Be criterion-referenced, assessing whether students are meeting the academic standards 3
4747 described in this chapter; 4
4848 (ii) As much as is practicable, especially in the case of students whose performance is 5
4949 difficult to assess using conventional methods, include consideration of work samples, projects, 6
5050 and portfolios, and shall facilitate authentic and direct gauges of student performance; 7
5151 (iii) Provide the means to compare student performance among the various school systems 8
5252 and communities in the state, and between students in other states and in other nations, especially 9
5353 those nations that compete with the state for employment and economic opportunities; 10
5454 (iv) Be designed to avoid gender, cultural, ethnic, or racial stereotypes; and 11
5555 (v) Recognize sensitivity to different learning styles and impediments to learning, which 12
5656 may include issues related, but not limited, to cultural, financial, emotional, health, and social 13
5757 factors. 14
5858 (5) Take into account, on a nondiscriminatory basis, the cultural and language diversity of 15
5959 students in the state and the particular circumstances of students with special needs. 16
6060 (6) Comply with federal requirements for accommodating children with special needs. 17
6161 (7) Allow all potential English-proficient students from language groups in which English 18
6262 language learner programs are offered opportunities for assessment of their performance in the 19
6363 language that best allows them to demonstrate educational achievement and mastery of academic 20
6464 standards and curriculum frameworks. 21
6565 (8) Identify individual schools and LEAs that need comprehensive support and 22
6666 improvement. 23
6767 (b) The board shall take all appropriate action to bring about and continue the state’s 24
6868 participation in the assessment activities of the National Assessment of Educational Progress and 25
6969 in the development of standards and assessments by the New Standards Program. 26
7070 (c) In addition, comprehensive diagnostic assessment of individual students shall be 27
7171 conducted at least in the fourth, eighth, and tenth or eleventh grades. The diagnostic assessments 28
7272 shall identify academic achievement levels of all students in order to inform teachers, parents, 29
7373 administrators, and the students themselves, as to individual academic performance. 30
7474 (d) The board shall develop procedures for updating, improving, or refining the assessment 31
7575 system. 32
7676 (e) The commissioner of elementary and secondary education (the “commissioner”) is 33
7777 authorized and directed to gather information, including the information specified herein and such 34
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8181 other information as the board shall require, for the purposes of evaluating individual public 1
8282 schools, school districts, and the efficacy and equity of state and federally mandated programs. All 2
8383 information gathered pursuant to this section shall be filed in the manner and form prescribed by 3
8484 the department of education (the “department”). 4
8585 (f) The board shall establish and maintain a data system to collect information from school 5
8686 districts for the purpose of assessing the effectiveness of district evaluation systems in ensuring 6
8787 effective teaching and administrative leadership in the public schools. The information shall be 7
8888 made available in the aggregate to the public; provided, however, that the following information 8
8989 shall be considered personnel information and shall not be subject to disclosure: 9
9090 (1) Any data or information that school districts, the department, or both, create, send, or 10
9191 receive in connection with an educator assessment that is evaluative in nature and that may be 11
9292 linked to an individual educator, including information concerning: 12
9393 (i) An educator’s formative assessment or evaluation; 13
9494 (ii) An educator’s summative evaluation or performance rating; or 14
9595 (iii) The student learning, growth, and achievement data that may be used as part of an 15
9696 individual educator’s evaluation. 16
9797 (g) Each school district shall maintain individual records on every student and employee. 17
9898 Each student record shall contain a unique and confidential identification number, basic 18
9999 demographic information, program and course information, and such other information as the 19
100100 department shall determine necessary. The records shall conform to parameters established by the 20
101101 department. 21
102102 (h) For the purposes of improving the performance of school districts, individual public 22
103103 schools, and the efficacy and equity of state and federal programs, each district shall file with the 23
104104 commissioner once in each three-year (3) period a comprehensive, three-year (3) district 24
105105 improvement plan. The plan shall: 25
106106 (1) Be developed and submitted in a manner and form prescribed by the department of 26
107107 education. 27
108108 (2) To the extent feasible, be designed to fulfill all planning requirements of state and 28
109109 federal education laws. 29
110110 (3) Include, but not be limited to: 30
111111 (i) An analysis of student and subgroup achievement gaps in core subjects; 31
112112 (ii) Identification of specific improvement objectives; 32
113113 (iii) A description of the strategic initiatives the district will undertake to achieve its 33
114114 improvement objectives; and 34
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118118 (iv) Performance benchmarks and processes for evaluating the effect of district 1
119119 improvement initiatives. 2
120120 (4) Describe the professional development activities that will support each district 3
121121 improvement initiative and the teacher induction and mentoring activities that will be undertaken 4
122122 to support successful implementation of the district’s improvement efforts. 5
123123 (i) On an annual basis, not later than September 1 December 31 of each year, each district 6
124124 shall prepare and have available for state review an annual action plan. The district annual action 7
125125 plan shall: 8
126126 (1) Enumerate the specific activities, persons responsible, and timelines for action to be 9
127127 taken as part of the strategic initiatives set forth in the district’s three-year (3) improvement plan; 10
128128 and 11
129129 (2) Identify the staff and financial resources allocated to support these activities. 12
130130 (j) Annually, the principal of each school shall: 13
131131 (1) In consultation with the school improvement team, adopt student performance goals for 14
132132 the schools consistent with the school performance goals established by the department of 15
133133 education pursuant to state and federal law and regulations; 16
134134 (2) Consistent with any educational policies established for the district, assess the needs of 17
135135 the school in light of those goals; 18
136136 (3) Formulate a school plan to advance such goals and improve student performance. The 19
137137 school’s plan to support improved student performance shall: 20
138138 (i) Include, but not be limited to, the same components required for the district 21
139139 improvement plan; 22
140140 (ii) Conform to department and district specifications to ensure that such school 23
141141 improvement plans meet state and federal law requirements; and 24
142142 (iii) Be submitted to the superintendent who shall review and approve the plan, after 25
143143 consultation with the school committee, not later than July 1 of the year in which the plan is to be 26
144144 implemented, according to a plan development and review schedule established by the district 27
145145 superintendent; and 28
146146 (4)(i) Prepare and have available for district and state review by July 1 annually, a report, 29
147147 based on SurveyWorks or other data collection, that shall provide aggregated graduating student 30
148148 data on race, ethnicity, and gender for the following: 31
149149 (A) The total number of students graduating; 32
150150 (B) The total number of students graduating who are applying for admission to a college, 33
151151 university, or vocational training program; 34
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155155 (C) The total number of students completing a free application for federal student aid 1
156156 (“FAFSA”) form; and 2
157157 (D) The total number of students who are eligible to fill out and submit a FAFSA form. 3
158158 (ii) The department shall include, in SurveyWorks or an equivalent data collection tool, 4
159159 inquiries to collect the data and information referenced in subsection (j)(4)(i) of this section. 5
160160 (k) The three-year (3) comprehensive district plan, annual district action plan, and annual 6
161161 school improvement plan shall replace any district and school plans previously required under the 7
162162 general laws or regulation, that, in the professional opinion of the commissioner, would be most 8
163163 effectively presented as part of the coordinated district or school plan for improving student 9
164164 achievement. The department shall identify any additional reports or plans called for by any general 10
165165 law or regulation that can be incorporated into this single filing in order to reduce paperwork and 11
166166 eliminate duplication. 12
167167 (l) Each school district in which more than twenty percent (20%) of the students do not 13
168168 meet grade-level expectations of at least proficient or its equivalent on the Rhode Island 14
169169 comprehensive assessment system exam (“RICAS”) shall submit a RICAS state assessment 15
170170 success plan, as defined by to the department. The plan shall describe the school district’s strategies 16
171171 for helping each student to master the skills, competencies, and knowledge required for the 17
172172 competency determination. In recognition of the department’s mission as a district support agency, 18
173173 then at the request of the district or in response to reporting data provided under this subsection, 19
174174 the department shall: 20
175175 (1) Determine the elements that shall be required to be included in such plan. These 21
176176 elements may include, but are not limited to, the following: 22
177177 (i) A plan to assess each student’s strengths, weaknesses, and needs; 23
178178 (ii) A plan to use summer school, after school, and other additional support to provide each 24
179179 child with the assistance needed; and 25
180180 (iii) A plan for involving the parents of students. 26
181181 (2) Examine each district’s plan and determine if it has a reasonable prospect of 27
182182 significantly reducing the school district’s failure rates. 28
183183 (3) Coordinate oversight of the RICAS success plans with existing education review and 29
184184 oversight functions and with the RICAS grant program. 30
185185 (m) Each school district shall file a report with the department every year by a date and in 31
186186 a format determined by the board. The report shall include, but not be limited to, the following: 32
187187 (1) An outline of the curriculum The status of the implementation of high quality 33
188188 curriculum adoption and graduation requirements of the district; 34
189189
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192192 (2) Pupil/teacher ratios and class size policy and practice; 1
193193 (3) Teacher and administrator evaluation procedures; 2
194194 (4) Statistics, and policies, and procedures relative to truancy and dropouts; 3
195195 (5) Statistics, and policies, and procedures relative to expulsions and in-school and out-of-4
196196 school suspensions; 5
197197 (6) Percent of school-age children attending public schools: 6
198198 (7) Racial composition of teaching and administrative staff; 7
199199 (8) Enrollment and average daily attendance; and 8
200200 (9) The annual budgets and expenditures for both the district and the individual schools in 9
201201 the district. 10
202202 (n) Each school district shall file a description of the following instructional procedures 11
203203 and programs with the department every year and/or RIDE shall, where appropriate, provide the 12
204204 information: 13
205205 (1) Art and music programs; 14
206206 (2) Technology education, and/or computer science; 15
207207 (3) Programs for gifted and talented students; 16
208208 (4) Adult education programs; 17
209209 (5) Library and media facilities; 18
210210 (6) Condition of instructional materials, including textbooks, workbooks, audio-visual 19
211211 materials, and laboratory materials; 20
212212 (7) Types and condition of computers and computer software; 21
213213 (8) Basic skills remediation programs; 22
214214 (9) Drug, tobacco, and alcohol abuse programs; 23
215215 (10) Multi-cultural education training for students and teachers; 24
216216 (11) Global education; and 25
217217 (12) Nutrition and wellness programs. 26
218218 (o) Each school district and charter school shall file an annual report for the current school 27
219219 year regarding implementation with the department on or before every November December 1 in a 28
220220 format determined by the board. The report shall include, but not be limited to, the following: 29
221221 (1) The number of children receiving services within each disability category; 30
222222 (2) The number of children, by grade level, within each disability category and the costs of 31
223223 services provided by each such category for such children receiving their education in a publicly 32
224224 operated day school program; 33
225225 (3) The number of children, by grade level, within each disability category and the costs of 34
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229229 services provided by each category for these children receiving their education in a private day 1
230230 setting; 2
231231 (4) The number of children, by grade level, within each such disability category and the 3
232232 costs of services provided by each such category for such children receiving their education in a 4
233233 private residential setting; 5
234234 (5) The number of children who remain in the regular education program full-time; the 6
235235 number of children who are removed from the regular classroom for up to twenty-five percent 7
236236 (25%) of the day; the number of children who are removed from the regular classroom between 8
237237 twenty-five percent (25%) and sixty percent (60%) of the day; 9
238238 (6) The number of children who are placed in substantially separate classrooms on a regular 10
239239 education school site; 11
240240 (7) The number of children, ages three (3) and four (4) who are educated in integrated and 12
241241 separate classrooms; and the assignment, by sex, national origin, economic status, and race, of 13
242242 children by age level, to special education classes and the distribution of children residing in the 14
243243 district, by sex, national origin, economic status, and race of children by age level; and 15
244244 (8) The number of children, by grade level, receiving special education services who have 16
245245 limited English proficiency. 17
246246 (1) The number of children, by grade level, receiving special education services who have 18
247247 been classified as English language learners; and 19
248248 (2) Other data collections required by federal reporting guidelines related to students 20
249249 receiving special education services. 21
250250 (p) Each school district and charter school shall furnish in a timely manner such additional 22
251251 information as the department shall request. 23
252252 (q) Each school district required to provide an English language learners program shall file 24
253253 the following information with the department annually on or before November 1, with the first 25
254254 submission on or before November 1, 2024: 26
255255 (1) The type of English language learners programs provided; 27
256256 (2) With regard to limited English proficient students classified as English language 28
257257 learners: 29
258258 (i) The number enrolled in each type of English language learners program; 30
259259 (ii) The number enrolled in English as a second language who are not enrolled in another 31
260260 English language learners program; 32
261261 (iii) The results of basic skills, curriculum assessment, achievement, and on state content 33
262262 assessments as well as state language proficiency testing assessments, whether administered in 34
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266266 English or in the native language; 1
267267 (iv) The absentee, suspension, and expulsion, dropout, and promotion rates; and 2
268268 (v) The number of years each limited English proficient English language learner student 3
269269 has been enrolled in an English language learners program; 4
270270 (3) The number of students each year who have enrolled in institutions of higher education 5
271271 and were formerly enrolled in an English language learners program; 6
272272 (4) The academic progress in regular education of students who have completed an English 7
273273 language learners program; 8
274274 (5) For each limited English proficient English language learner student receiving special 9
275275 education, the number of years in the school district prior to special education evaluation and the 10
276276 movement in special education programs by program placement; 11
277277 (6) The number of limited English proficient English language learner students enrolled in 12
278278 programs of occupational or vocational education; 13
279279 (7) The name, national origin, native language, certificates held, language proficiency, 14
280280 grade levels, and subjects taught by each teacher of an English language learners program, bilingual 15
281281 aides or paraprofessionals, bilingual guidance or adjustment counselors, and and/or bilingual 16
282282 school psychologists; 17
283283 (8) The per-pupil expenditures for each full-time equivalent student enrolled in an English 18
284284 language learners program; 19
285285 (9) The sources and amounts of all funds expended on students enrolled in English 20
286286 language learners programs, broken down by local, state, and federal sources, and whether any such 21
287287 funds expended supplanted, rather than supplemented, the local school district obligation; 22
288288 (10) The participation of parents through parent advisory councils; 23
289289 (11) Whether there were any complaints filed with any federal or state court or 24
290290 administrative agency, since the program’s inception, concerning the compliance with federal or 25
291291 state minimum legal requirements, the disposition of the complaint, and the monitoring and 26
292292 evaluation of any such agreement or court order relative to the complaint; and 27
293293 (12) This information shall be filed in the form of the total for the school district as well as 28
294294 categorized by school, grade, and language. 29
295295 (r) The commissioner annually shall analyze and publish data reported by school districts 30
296296 under this section regarding English language learners programs and limited English proficient 31
297297 English language learner students. Publication shall include, but need not be limited to, availability 32
298298 on the department’s website. The commissioner shall submit annually a report to the committees 33
299299 of jurisdiction for education in the house of representatives and senate on this data on a statewide 34
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303303 and school district basis including, but not limited to, by language group and type of English 1
304304 language learners programs. 2
305305 (s) For the purposes of this chapter, “local education agencies” shall include all of the 3
306306 following within the state of Rhode Island: 4
307307 (1) Public school districts; 5
308308 (2) Regional school districts; 6
309309 (3) State-operated schools; 7
310310 (4) Regional collaborative schools; and 8
311311 (5) Charter schools and mayoral academies. 9
312312 16-97.1-2. Additional duties of the department of education related to school and 10
313313 district accountability. 11
314314 (a) In order to support the commissioner and the board of education (the “board”) in 12
315315 fulfilling their duties, the department shall use existing budgetary resources and existing personnel 13
316316 in its implementation of improvement plans pursuant to this section. The department shall: 14
317317 (1) Provide a mechanism to review and report on the efforts of schools, charter schools, 15
318318 and school districts, including regional school districts, to improve the academic achievement of 16
319319 their students; 17
320320 (2) Inform and assist the board in fulfilling their broader responsibilities to promote high 18
321321 levels of achievement in the schools and districts of the state; 19
322322 (3) Be, for purposes of school and district accountability, under the direction and 20
323323 supervision of one individual who shall be appointed by the commissioner. This individual shall be 21
324324 responsible for: 22
325325 (i) The direction and supervision of the targeted assistance and intervention efforts of the 23
326326 department under this chapter; 24
327327 (ii) Such assistance efforts as the commissioner deems necessary to correct deficiencies 25
328328 identified by the department; 26
329329 (iii) Compliance with the accountability provisions of federal law; and 27
330330 (iv) Ensuring that the education reviewing and assistance functions of the department are 28
331331 aligned to promote collaboration and communication across the education reviewing and assistance 29
332332 functions; 30
333333 (4) Ensure that school and district review teams include experienced practitioners in the 31
334334 field of education, except that no member shall have been previously or currently employed by: 32
335335 (i) The school, district, or charter school being reviewed; or 33
336336 (ii) A district, charter school, or education collaborative serving a common student 34
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340340 population with the school, district, or charter school being reviewed; 1
341341 (5) Act as an education reviewing body, objectively reviewing the results of educational 2
342342 measurement and tests conducted by or for the department in implementing the laws under this 3
343343 chapter. In executing this subsection, the department shall: 4
344344 (i) Perform no fewer than five (5) school district education reviews annually beginning in 5
345345 academic year 2024-2025, sixty percent (60%) of which shall be in districts whose students achieve 6
346346 at low levels either in absolute terms or relative to districts that educate similar student populations. 7
347347 The remainder of the education reviews shall be divided equally among districts whose students 8
348348 achieve at high levels relative to districts that educate similar student populations and randomly 9
349349 selected districts; 10
350350 (ii) Ensure that no school or district is reviewed during the administration of any statewide 11
351351 assessments; 12
352352 (iii) Coordinate with other entities in the department to ensure that a school or district is 13
353353 not subject to multiple comprehensive education reviews or reviews by the department or any 14
354354 accrediting body within a nine-month (9) period, unless the board specifically votes to do so on an 15
355355 emergency basis; 16
356356 (iv) Have the following duties relative to school district reviews: 17
357357 (A) Objectively review the school and district reports; 18
358358 (B) Undertake inspections of schools, charter schools, and school districts, including 19
359359 regional school districts, to evaluate efforts to improve and support the quality of instruction and 20
360360 administration; 21
361361 (C) Review the district’s RICAS state assessment success plan, if one was required 22
362362 pursuant to law, and evaluate the implementation of that plan; 23
363363 (D) Review the district’s implementation of any RICAS grants received to develop or 24
364364 enhance academic support services for students scoring below proficient or its equivalent; 25
365365 (E) Evaluate the alignment of curriculum and professional development plans with the state 26
366366 curriculum and assessments; 27
367367 (F) Review the progress of overall student achievement; 28
368368 (G) Evaluate student performance, school and district management, overall district 29
369369 governance, and any other areas deemed necessary by the department; and 30
370370 (H) Ensure the education reviews are conducted in accordance with standards established 31
371371 by the council of elementary and secondary education; 32
372372 (v) Following the school district’s education review, produce a comprehensive report 33
373373 detailing its findings and observations, which the commissioner shall present to the council along 34
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377377 with any recommendations for further action to be taken by the council. After the council’s receipt 1
378378 of the report, the commissioner shall issue recommendations to districts not requiring further action 2
379379 relative to methods for improving any deficiencies identified by the department. The 3
380380 recommendations shall be transmitted to the reviewed district’s superintendent and school 4
381381 committee within ninety (90) days of the council’s receipt of the report; and 5
382382 (vi) Annually compile a report of best practices from the list of education reviews 6
383383 conducted that year and distribute the compiled list to all school districts in the state; 7
384384 (6) For the purposes of any inspection or education review, have access to all necessary 8
385385 papers, vouchers, books, and records pertaining to a school, including a charter school, a school 9
386386 district, or a regional school district; 10
387387 (7) In establishing protocols for the conduct of school or district education reviews, to the 11
388388 extent practicable, minimize the administrative burden on schools and districts by using existing, 12
389389 recently-compiled or readily-available data sources. Schools, school districts, and school personnel 13
390390 shall cooperate with the department for any inspection or education review conducted pursuant to 14
391391 this section including, but not limited to, participating in interviews and producing books and 15
392392 documents. Each school district, including regional school districts and charter schools, shall 16
393393 annually file with the department, on or before October 1, a copy of its current personnel contracts 17
394394 and collective bargaining agreements in a form and manner prescribed by the commissioner. The 18
395395 department shall ensure that any noncompliance with law, misfeasance, or malfeasance shall be 19
396396 referred to the commissioner for appropriate action; 20
397397 (8) Support the commissioner and the council in carrying out their duties under sections 21
398398 related to underperforming schools. Nothing in this section shall be construed as limiting the ability 22
399399 of the department to contract with individuals, external partners, or other entities to support the 23
400400 assistance functions established by said sections. 24
401401 (b) The department shall transmit its findings, education review reports, recommendations, 25
402402 and follow-up reports to the council on elementary and secondary education, the attorney general, 26
403403 and a local public library in the education reviewed districts. In addition, the department shall 27
404404 appear annually before the health, education and welfare committee of the house of representatives 28
405405 and before the senate education committee, to report on these findings, reviews, recommendations, 29
406406 and other reports. 30
407407 SECTION 2. This act shall take effect on June 30, 2023. 31
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414414 EXPLANATION
415415 BY THE LEGISLATIVE COUNCIL
416416 OF
417417 A N A C T
418418 RELATING TO EDUCATION -- EDUCATION ACCOUNTABILITY ACT
419419 ***
420420 This act would extend the due date for the district action plan each and every year from 1
421421 September 1 to December 1, and further require that there are no fewer than five (5) school district 2
422422 education reviews annually beginning in academic year 2024-2025. 3
423423 This act would take effect June 30, 2023. 4
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