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5 | 5 | | 2025 -- H 5978 |
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6 | 6 | | ======== |
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7 | 7 | | LC000855 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO EDUCATION -- THE EDUCATION EQUITY AND PROPERTY TAX |
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16 | 16 | | RELIEF ACT |
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17 | 17 | | Introduced By: Representatives Casey, Phillips, J. Brien, Giraldo, Kislak, Messier, |
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18 | 18 | | Alzate, Stewart, Felix, and O'Brien |
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19 | 19 | | Date Introduced: February 28, 2025 |
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20 | 20 | | Referred To: House Finance |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | It is enacted by the General Assembly as follows: |
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24 | 24 | | SECTION 1. Section 16-7.2-3 of the General Laws in Chapter 16-7.2 entitled "The 1 |
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25 | 25 | | Education Equity and Property Tax Relief Act" is hereby amended to read as follows: 2 |
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26 | 26 | | 16-7.2-3. Permanent foundation education aid established. 3 |
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27 | 27 | | (a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall 4 |
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28 | 28 | | take effect. The foundation education aid for each district shall be the sum of the core instruction 5 |
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29 | 29 | | amount in subsection (a)(1) of this section and the amount to support high-need students in 6 |
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30 | 30 | | subsection (a)(2) of this section, which shall be multiplied by the district state-share ratio calculated 7 |
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31 | 31 | | pursuant to § 16-7.2-4 to determine the foundation aid. 8 |
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32 | 32 | | (1) The core instruction amount shall be an amount equal to a statewide, per-pupil core 9 |
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33 | 33 | | instruction amount as established by the department of elementary and secondary education, 10 |
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34 | 34 | | derived from the average of northeast regional expenditure data for the states of Rhode Island, 11 |
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35 | 35 | | Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics 12 |
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36 | 36 | | (NCES) that will adequately fund the student instructional needs as described in the basic education 13 |
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37 | 37 | | program and multiplied by the district average daily membership as defined in § 16-7-22. 14 |
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38 | 38 | | Expenditure data in the following categories: instruction and support services for students, 15 |
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39 | 39 | | instruction, general administration, school administration, and other support services from the 16 |
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40 | 40 | | National Public Education Financial Survey, as published by NCES, and enrollment data from the 17 |
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41 | 41 | | Common Core of Data, also published by NCES, will be used when determining the core 18 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000855 - Page 2 of 5 |
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45 | 45 | | instruction amount. The core instruction amount will be updated annually. For the purpose of 1 |
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46 | 46 | | calculating this formula, school districts’ resident average daily membership shall exclude charter 2 |
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47 | 47 | | school and state-operated school students. 3 |
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48 | 48 | | (2) The amount to support high-need students beyond the core instruction amount shall be 4 |
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49 | 49 | | determined by: 5 |
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50 | 50 | | (i) Multiplying a student success factor of forty percent (40%) forty-five percent (45%) by 6 |
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51 | 51 | | the core instruction per-pupil amount described in subsection (a)(1) of this section and applying 7 |
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52 | 52 | | that amount for each resident child whose family income is at or below one hundred eighty-five 8 |
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53 | 53 | | percent (185%) of federal poverty guidelines, hereinafter referred to as “poverty status.” By 9 |
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54 | 54 | | October 1, 2022, as part of its budget submission pursuant to § 35-3-4 relative to state fiscal year 10 |
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55 | 55 | | 2024 and thereafter, the department of elementary and secondary education shall develop and 11 |
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56 | 56 | | utilize a poverty measure that in the department’s assessment most accurately serves as a proxy for 12 |
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57 | 57 | | the poverty status referenced in this subsection and does not rely on the administration of school 13 |
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58 | 58 | | nutrition programs. The department shall utilize this measure in calculations pursuant to this 14 |
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59 | 59 | | subsection related to the application of the student success factor, in calculations pursuant to § 16-15 |
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60 | 60 | | 7.2-4 related to the calculation of the state share ratio, and in the formulation of estimates pursuant 16 |
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61 | 61 | | to subsection (b) below. The department may also include any recommendations which seek to 17 |
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62 | 62 | | mitigate any disruptions associated with the implementation of this new poverty measure or 18 |
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63 | 63 | | improve the accuracy of its calculation. Beginning with the FY 2024 calculation, students whose 19 |
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64 | 64 | | family income is at or below one hundred eighty-five percent (185%) of federal poverty guidelines 20 |
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65 | 65 | | will be determined by participation in the supplemental nutrition assistance program (SNAP). The 21 |
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66 | 66 | | number of students directly certified through the department of human services shall be multiplied 22 |
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67 | 67 | | by a factor of 1.6; and 23 |
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68 | 68 | | (ii) Multiplying a multilingual learner (MLL) factor of twenty percent (20%) by the core 24 |
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69 | 69 | | instruction per-pupil amount described in subsection (a)(1) of this section, applying that amount 25 |
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70 | 70 | | for each resident child identified in the three lowest proficiency categories using widely adopted, 26 |
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71 | 71 | | independent standards and assessments in accordance with subsection (f)(1) of this section and as 27 |
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72 | 72 | | identified by the commissioner and defined by regulations of the council on elementary and 28 |
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73 | 73 | | secondary education. Local education agencies shall report annually to the department of 29 |
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74 | 74 | | elementary and secondary education by September 1, outlining the planned and prior year use of 30 |
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75 | 75 | | all funding pursuant to this subsection to provide services to MLL students in accordance with 31 |
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76 | 76 | | requirements set forth by the commissioner of elementary and secondary education. The 32 |
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77 | 77 | | department shall review the use of funds to ensure consistency with established best practices. 33 |
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78 | 78 | | (3) In local education agencies, when over forty-five percent (45%) of resident children are 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC000855 - Page 3 of 5 |
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82 | 82 | | classified as "poverty status," the student success factor will be fifty percent (50%) by the core 1 |
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83 | 83 | | instruction per-pupil amount described in subsection (a)(1) of this section and applying that amount 2 |
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84 | 84 | | for each resident child whose family income is at or below one hundred eight-five percent (185%) 3 |
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85 | 85 | | of federal poverty guidelines. 4 |
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86 | 86 | | (b) The department of elementary and secondary education shall provide an estimate of the 5 |
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87 | 87 | | foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate 6 |
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88 | 88 | | shall include the most recent data available as well as an adjustment for average daily membership 7 |
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89 | 89 | | growth or decline based on the prior year experience. 8 |
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90 | 90 | | (c) In addition, the department shall report updated figures based on the average daily 9 |
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91 | 91 | | membership as of October 1 by December 1. 10 |
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92 | 92 | | (d) Local education agencies may set aside a portion of funds received under subsection 11 |
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93 | 93 | | (a) to expand learning opportunities such as after school and summer programs, full-day 12 |
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94 | 94 | | kindergarten and/or multiple pathway programs, provided that the basic education program and all 13 |
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95 | 95 | | other approved programs required in law are funded. 14 |
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96 | 96 | | (e) The department of elementary and secondary education shall promulgate such 15 |
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97 | 97 | | regulations as are necessary to implement fully the purposes of this chapter. 16 |
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98 | 98 | | (f)(1) By October 1, 2023, as part of its budget submission pursuant to § 35-3-4 relative to 17 |
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99 | 99 | | state fiscal year 2025, the department of elementary and secondary education shall evaluate the 18 |
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100 | 100 | | number of students by district who qualify as multilingual learner (MLL) students and MLL 19 |
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101 | 101 | | students whose family income is at or below one hundred eighty-five percent (185%) of federal 20 |
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102 | 102 | | poverty guidelines. The submission shall also include segmentation of these populations by levels 21 |
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103 | 103 | | as dictated by the WIDA multilingual learner assessment tool used as an objective benchmark for 22 |
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104 | 104 | | English proficiency. The department shall also prepare and produce expense data sourced from the 23 |
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105 | 105 | | uniform chart of accounts to recommend funding levels required to support students at the various 24 |
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106 | 106 | | levels of proficiency as determined by the WIDA assessment tool. Utilizing this information, the 25 |
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107 | 107 | | department shall recommend a funding solution to meet the needs of multilingual learners; this may 26 |
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108 | 108 | | include but not be limited to inclusion of MLL needs within the core foundation formula amount 27 |
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109 | 109 | | through one or multiple weights to distinguish different students of need or through categorical 28 |
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110 | 110 | | means. 29 |
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111 | 111 | | (2) By October 1, 2024, as part of its budget submission pursuant to § 35-3-4 relative to 30 |
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112 | 112 | | state fiscal year 2026, the department of elementary and secondary education shall develop 31 |
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113 | 113 | | alternatives to identify students whose family income is at or below one hundred eighty-five percent 32 |
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114 | 114 | | (185%) of federal poverty guidelines through participation in state-administered programs, 33 |
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115 | 115 | | including, but not limited to, the supplemental nutrition assistance program (SNAP), and RIteCare 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC000855 - Page 4 of 5 |
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119 | 119 | | and other programs that include the collection of required supporting documentation. The 1 |
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120 | 120 | | department may also include any recommendations that seek to mitigate any disruptions associated 2 |
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121 | 121 | | with implementation of this new poverty measure or improve the accuracy of its calculation. 3 |
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122 | 122 | | (3) The department shall also report with its annual budget request information regarding 4 |
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123 | 123 | | local contributions to education aid and compliance with §§ 16-7-23 and 16-7-24. The report shall 5 |
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124 | 124 | | also compare these local contributions to state foundation education aid by community. The 6 |
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125 | 125 | | department shall also report compliance to each city or town school committee and city or town 7 |
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126 | 126 | | council. 8 |
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127 | 127 | | SECTION 2. This act shall take effect upon passage. 9 |
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128 | 128 | | ======== |
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129 | 129 | | LC000855 |
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130 | 130 | | ======== |
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131 | 131 | | |
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132 | 132 | | |
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133 | 133 | | LC000855 - Page 5 of 5 |
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134 | 134 | | EXPLANATION |
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135 | 135 | | BY THE LEGISLATIVE COUNCIL |
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136 | 136 | | OF |
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137 | 137 | | A N A C T |
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138 | 138 | | RELATING TO EDUCATION -- THE EDUCATION EQUITY AND PROPERTY TAX |
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139 | 139 | | RELIEF ACT |
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140 | 140 | | *** |
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141 | 141 | | This act would provide that in local educational agencies when over forty-five percent 1 |
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142 | 142 | | (45%) of the children have a family income that is at or below one hundred eighty-five percent 2 |
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143 | 143 | | (185%) of federal poverty guidelines then the student success factor will be fifty percent (50%) by 3 |
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144 | 144 | | the core instruction per-pupil amount. 4 |
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145 | 145 | | This act would take effect upon passage. 5 |
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146 | 146 | | ======== |
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147 | 147 | | LC000855 |
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148 | 148 | | ======== |
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