Bill Text: IA HF2547 | 2023-2024 | 90th General Assembly | Amended
Bill Title: A bill for an act relating to education, including by requiring school engagement meetings and attendance cooperation proceedings when children are absent from school, requiring school districts to restrict student use of cellular phones and smartphones, modifying provisions related to open enrollment of truant students, and modifying penalties. (Formerly HF 2254.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2024-03-14 - Subcommittee recommends amendment and passage. []. [HF2547 Detail]
Download: Iowa-2023-HF2547-Amended.html
House
File
2547
-
Reprinted
HOUSE
FILE
2547
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HF
2254)
(As
Amended
and
Passed
by
the
House
March
12,
2024
)
A
BILL
FOR
An
Act
relating
to
education,
including
by
requiring
school
1
engagement
meetings
and
attendance
cooperation
proceedings
2
when
children
are
absent
from
school,
requiring
school
3
districts
to
restrict
student
use
of
cellular
phones
and
4
smartphones,
modifying
provisions
related
to
open
enrollment
5
of
truant
students,
and
modifying
penalties.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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DIVISION
I
1
COMPULSORY
EDUCATION
2
Section
1.
Section
299.1,
Code
2024,
is
amended
to
read
as
3
follows:
4
299.1
Attendance
requirements
——
attendance
policies
.
5
1.
Except
as
provided
in
section
299.2
,
the
parent,
6
guardian,
or
legal
or
actual
custodian
of
a
child
who
is
of
7
compulsory
attendance
age
shall
cause
the
child
to
attend
some
8
public
school
or
an
accredited
nonpublic
school,
or
place
9
the
child
under
competent
private
instruction
or
independent
10
private
instruction
in
accordance
with
the
provisions
of
11
chapter
299A
,
during
a
school
year,
as
defined
under
section
12
279.10
.
13
2.
a.
The
board
of
directors
of
a
public
school
district
14
or
the
governing
body
of
an
accredited
nonpublic
school
shall
15
set
the
number
of
days
or
hours
of
required
attendance
for
the
16
schools
under
its
control.
17
b.
The
board
of
directors
of
a
public
school
district
or
18
the
governing
body
of
an
accredited
nonpublic
school
may,
by
19
resolution,
require
attendance
for
the
entire
time
when
the
20
schools
are
in
session
in
any
school
year
and
.
21
3.
The
board
of
directors
of
a
public
school
district
or
the
22
governing
board
of
an
accredited
nonpublic
school
shall
adopt
a
23
policy
or
rules
relating
to
the
reasons
considered
to
be
valid
24
or
acceptable
excuses
for
absence
from
school
,
in
consultation
25
with
the
county
attorney
of
the
county
in
which
the
public
26
school
district’s
or
accredited
nonpublic
school’s
central
27
administrative
office
is
located,
related
to
absenteeism
and
28
truancy
.
29
4.
a.
The
board
of
directors
of
a
public
school
district
30
or
the
governing
body
of
an
accredited
nonpublic
school
31
shall
adopt
a
policy
or
rules
relating
to
children
who
32
are
chronically
absent.
The
policy
or
rules
must
contain
33
provisions
that
clearly
explain
all
of
the
following:
34
(1)
How
the
board
of
directors
or
the
governing
body
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determines
whether
a
child
is
chronically
absent.
1
(2)
The
different
interventions
that
the
board
of
directors
2
or
the
governing
body
may
use
when
a
child
is
chronically
3
absent.
4
(3)
The
different
penalties
associated
with
a
child
being
5
chronically
absent.
6
b.
The
policy
or
rules
adopted
by
the
board
of
directors
of
7
a
public
school
district
or
the
governing
body
of
an
accredited
8
nonpublic
school
pursuant
to
paragraph
“a”
must
not
apply
to
any
9
child:
10
(1)
Who
has
completed
the
requirements
for
graduation
in
a
11
public
school
district
or
an
accredited
school
or
has
obtained
12
a
high
school
equivalency
diploma
under
chapter
259A.
13
(2)
Who
is
excused
for
sufficient
reason
by
any
court
of
14
record
or
judge.
15
(3)
While
attending
religious
services
or
receiving
16
religious
instructions.
17
(4)
Who
is
unable
to
attend
school
due
to
legitimate
medical
18
reasons.
19
(5)
Who
has
an
individualized
education
program
that
20
affects
the
child’s
attendance.
21
Sec.
2.
NEW
SECTION
.
299.1C
County
attorney.
22
The
county
attorney
of
the
county
in
which
the
public
23
school’s
or
accredited
nonpublic
school’s
central
24
administrative
office
is
located
shall
be
responsible
25
for
the
enforcement
of
this
chapter,
as
described
in
this
26
chapter.
Actions
instituted
by
a
county
attorney
pursuant
27
to
this
chapter
shall
be
instituted
in
the
county
in
which
28
the
public
school’s
or
accredited
nonpublic
school’s
central
29
administrative
office
is
located.
30
Sec.
3.
Section
299.6,
subsection
1,
unnumbered
paragraph
31
1,
Code
2024,
is
amended
to
read
as
follows:
32
Any
person
who
violates
a
mediation
agreement
under
section
33
299.5A
the
terms
of
an
absenteeism
prevention
plan
or
an
34
attendance
cooperation
agreement
entered
into
under
section
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299.12
,
who
is
referred
for
prosecution
under
section
299.5A
1
299.12
and
is
convicted
of
a
violation
of
any
of
the
provisions
2
of
sections
299.1
through
299.5
,
who
violates
any
of
the
3
provisions
of
sections
299.1
through
299.5
,
or
who
refuses
4
to
participate
in
mediation
under
section
299.5A
a
school
5
engagement
meeting
or
an
attendance
cooperation
proceeding
6
under
section
299.12
,
commits
a
public
offense.
7
Sec.
4.
Section
299.8,
Code
2024,
is
amended
to
read
as
8
follows:
9
299.8
“Truant”
defined.
10
Any
child
of
compulsory
attendance
age
,
to
whom
the
11
exceptions
described
in
section
299.2
do
not
apply,
who
fails
12
to
attend
school
as
provided
in
this
chapter
,
or
as
required
13
by
the
school
board’s
or
school
governing
body’s
attendance
14
policy,
or
who
fails
to
attend
competent
private
instruction
15
or
independent
private
instruction
under
chapter
299A
,
without
16
reasonable
excuse
for
the
absence,
shall
be
deemed
to
be
17
a
truant
has
been
absent
from
school,
for
any
reason,
for
18
at
least
twenty
percent
of
the
days
or
hours
in
the
school
19
calendar
.
A
finding
that
a
child
is
truant,
however,
shall
not
20
by
itself
mean
that
the
child
is
a
child
in
need
of
assistance
21
within
the
meaning
of
chapter
232
and
shall
not
be
the
sole
22
basis
for
a
child
in
need
of
assistance
petition.
23
Sec.
5.
Section
299.11,
subsection
2,
Code
2024,
is
amended
24
to
read
as
follows:
25
2.
The
truancy
officer
shall
promptly
institute
proceedings
26
against
any
person
violating
any
of
the
provisions
of
sections
27
299.1
through
299.5A
299.5
.
28
Sec.
6.
Section
299.12,
Code
2024,
is
amended
by
striking
29
the
section
and
inserting
in
lieu
thereof
the
following:
30
299.12
Failure
to
attend.
31
1.
Definitions.
As
used
in
this
section:
32
a.
“Chronically
absent”
means
any
absence
from
school
33
for
more
than
ten
percent
of
the
days
or
hours
in
the
school
34
calendar
established
pursuant
to
section
279.10
by
a
public
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school.
1
b.
“School
official”
means
an
employee
of
a
public
school
2
whose
job
duties
involve
identifying
children
who
are
at
risk
3
for
becoming
chronically
absent,
creating
interventions
to
4
limit
the
rate
of
student
absenteeism,
and
participating
in
the
5
legal
process
related
to
student
absenteeism.
6
2.
Chronic
absenteeism.
a.
When
a
child
becomes
7
chronically
absent,
a
school
official
shall
send
a
notice
by
8
certified
mail
to
the
county
attorney
of
the
county
in
which
9
the
public
school’s
central
administrative
office
is
located,
10
and
to
the
child’s
parent,
guardian,
or
legal
or
actual
11
custodian
of
the
child,
if
the
child
is
not
an
emancipated
12
minor,
or
to
the
child,
if
the
child
is
an
emancipated
minor,
13
that
includes
information
related
to
the
child’s
absences
from
14
school
and
the
policies
and
disciplinary
processes
associated
15
with
additional
absences.
16
b.
A
school
official
may
send
the
notice
described
in
17
paragraph
“a”
prior
to
a
child
at
risk
of
becoming
chronically
18
absent
if
all
of
the
following
requirements
are
satisfied:
19
(1)
The
county
attorney
of
the
county
in
which
the
public
20
school’s
central
administrative
office
is
located
and
the
21
board
of
directors
of
the
public
school
agree
to
the
amount
22
of
absences
that
will
lead
to
the
school
official
sending
the
23
notice.
24
(2)
The
amount
of
absences
that
will
lead
to
the
school
25
official
sending
the
notice
is
described
in
the
school’s
26
student
handbook.
27
3.
School
engagement
meeting.
a.
(1)
If
a
child
is
absent
28
from
school
for
greater
than
or
equal
to
fifteen
percent,
but
29
less
than
eighteen
percent,
of
the
days
or
hours
in
the
school
30
calendar,
a
school
official
shall
attempt
to
find
the
cause
31
for
the
child’s
absences
and
shall
initiate
and
participate
32
in
a
school
engagement
meeting.
The
purpose
of
the
school
33
engagement
meeting
is
to
identify
the
child’s
barriers
to
34
attendance
and
the
interventions
that
may
be
used
to
improve
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the
child’s
attendance.
1
(2)
A
school
official
may
initiate
and
participate
in
a
2
school
engagement
meeting
as
provided
in
subparagraph
(1)
prior
3
to
a
child
being
absent
from
school
for
greater
than
or
equal
4
to
fifteen
percent
of
the
days
or
hours
in
a
school
calendar.
5
b.
All
of
the
following
individuals
shall
participate
in
the
6
school
engagement
meeting:
7
(1)
The
child.
8
(2)
The
child’s
parent,
guardian,
or
legal
or
actual
9
custodian,
if
the
child
is
not
an
emancipated
minor.
10
(3)
A
school
official.
11
c.
(1)
During
the
school
engagement
meeting,
the
12
participants
shall
create
and
sign
an
agreement
that
shall
be
13
known
as
an
absenteeism
prevention
plan.
Each
participant
14
signing
the
absenteeism
prevention
plan
shall
receive
a
copy
of
15
the
plan.
The
absenteeism
prevention
plan
shall
identify
the
16
causes
of
the
child’s
absences
and
the
future
responsibilities
17
of
each
participant
related
to
the
child’s
attendance.
18
(2)
A
school
official
shall
monitor
the
participants’
19
compliance
with
the
terms
of
the
absenteeism
prevention
plan.
20
The
school
official
shall
contact
the
participants
at
least
21
once
each
week
during
the
remainder
of
the
school
calendar
to
22
monitor
the
performance
of
the
participants
under
the
plan.
23
d.
During
the
school
engagement
meeting,
the
participants
24
may
initiate
referrals
to
any
services
or
counseling
that
the
25
participants
believe
may
be
appropriate
under
the
circumstances
26
to
improve
the
child’s
attendance.
27
e.
If
the
participants
in
the
school
engagement
meeting
fail
28
to
enter
into
an
absenteeism
prevention
plan,
or
if
the
child
29
or
the
child’s
parent,
guardian,
or
legal
or
actual
custodian
30
violates
a
term
of
the
absenteeism
prevention
plan
or
fails
31
to
participate
in
the
school
engagement
meeting,
the
county
32
attorney
shall
initiate
an
attendance
cooperation
proceeding
33
under
subsection
4
and
shall
serve
a
notice
of
such
initiation
34
on
the
child’s
parent,
guardian,
or
legal
or
actual
custodian,
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if
the
child
is
not
an
emancipated
minor,
or
on
the
child,
if
1
the
child
is
an
emancipated
minor,
in
the
manner
provided
by
2
the
rules
of
civil
procedure
for
service
of
an
original
notice.
3
f.
This
subsection
is
not
applicable
to
a
child
who
is
4
receiving
competent
private
instruction
or
independent
private
5
instruction
in
accordance
with
the
requirements
of
chapter
6
299A.
7
4.
Absenteeism
arbitration.
a.
(1)
When
a
child
becomes
8
truant,
a
school
official
shall
send
a
notice
to
the
county
9
attorney
of
the
county
in
which
the
public
school’s
central
10
administrative
office
is
located.
Within
a
reasonable
time
11
after
receipt
of
the
notice,
the
county
attorney
shall
initiate
12
and
participate
in
an
attendance
cooperation
proceeding
under
13
this
subsection.
14
(2)
A
school
official
may
send
a
notice
to
the
county
15
attorney,
and
a
county
attorney
may
initiate
and
participate
16
in
an
attendance
cooperation
proceeding
under
subparagraph
(1)
17
prior
to
a
child
becoming
truant.
18
b.
The
county
attorney
of
the
county
in
which
the
public
19
school’s
central
administrative
office
is
located
shall
20
designate
any
of
the
following
individuals
to
serve
as
an
21
arbitrator
during
the
attendance
cooperation
proceeding:
22
(1)
A
judge
of
this
state
or
the
United
States.
23
(2)
A
neutral,
third-party
attorney
who
is
licensed
to
24
practice
law
in
this
state.
25
c.
All
of
the
following
individuals
shall
participate
in
26
the
attendance
cooperation
proceeding
before
the
arbitrator
27
selected
under
paragraph
“b”
:
28
(1)
The
child.
29
(2)
The
child’s
parent,
guardian,
or
legal
or
actual
30
custodian,
if
the
child
is
not
an
emancipated
minor.
31
(3)
A
school
official.
32
(4)
The
county
attorney
of
the
county
in
which
the
public
33
school’s
central
administrative
office
is
located,
or
the
34
county
attorney’s
designee.
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d.
During
the
attendance
cooperation
proceeding,
the
1
participants
shall
attempt
to
find
the
cause
for
the
child’s
2
absences,
identify
the
child’s
barriers
to
attendance,
and
3
identify
the
interventions
that
may
be
used
to
improve
the
4
child’s
attendance.
5
e.
(1)
During
the
attendance
cooperation
proceeding,
the
6
participants
shall
create
and
sign
an
attendance
cooperation
7
agreement.
The
arbitrator
shall
receive
a
copy
of
the
8
attendance
cooperation
agreement,
and
each
participant
signing
9
the
agreement
shall
also
receive
a
copy.
The
attendance
10
cooperation
agreement
shall
identify
the
causes
of
the
child’s
11
absences
and
the
future
responsibilities
of
each
participant
12
related
to
the
child’s
attendance.
The
arbitrator
may
require
13
any
clause
or
provision
to
be
included
in
the
attendance
14
cooperation
agreement
if
the
arbitrator
reasonably
believes
15
such
clause
or
provision
will
improve
the
child’s
attendance.
16
(2)
A
school
official
shall
monitor
the
participants’
17
compliance
with
the
terms
of
the
attendance
cooperation
18
agreement.
The
attendance
cooperation
agreement
shall
require
19
a
school
official
to
periodically
contact
the
participants
20
to
monitor
the
performance
of
the
participants
under
the
21
agreement.
22
f.
During
the
attendance
cooperation
proceeding,
the
23
participants
may
initiate
referrals
to
any
services
or
24
counseling
that
the
participants
believe
may
be
appropriate
25
under
the
circumstances
to
improve
the
child’s
attendance.
26
g.
If
the
participants
in
the
attendance
cooperation
27
proceeding
fail
to
enter
into
an
attendance
cooperation
28
agreement,
or
if
the
child
or
the
child’s
parent,
guardian,
or
29
legal
or
actual
custodian
violates
a
term
of
the
agreement
or
30
fails
to
participate
in
the
proceeding,
the
school
official
may
31
refer
the
child
to
juvenile
court
or
may
refer
the
matter
to
32
the
county
attorney
for
prosecution
within
the
county
where
the
33
school’s
central
administrative
office
is
located.
34
h.
The
public
school
and
the
child’s
parent,
guardian,
or
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legal
or
actual
custodian,
if
the
child
is
not
an
emancipated
1
minor
child,
or
the
child,
if
the
child
is
an
emancipated
2
minor,
shall
equally
share
the
costs
of
the
attendance
3
cooperation
proceeding.
4
i.
This
subsection
is
not
applicable
to
a
child
who
is
5
receiving
competent
private
instruction
or
independent
private
6
instruction
in
accordance
with
the
requirements
of
chapter
7
299A.
8
Sec.
7.
Section
299.13,
Code
2024,
is
amended
to
read
as
9
follows:
10
299.13
Civil
enforcement.
11
A
person
shall
not
disseminate
or
redisseminate
information
12
shared
with
the
person
pursuant
to
section
299.5A
or
299.12
,
13
unless
specifically
authorized
to
do
so
by
section
217.30
,
14
299.5A,
or
299.12
.
Unless
a
prohibited
dissemination
or
15
redissemination
of
information
is
subject
to
injunction
16
or
sanction
under
other
state
or
federal
law,
an
action
17
for
judicial
enforcement
may
be
brought
in
accordance
with
18
this
section
.
An
aggrieved
person,
the
attorney
general,
19
or
a
county
attorney
may
seek
judicial
enforcement
of
the
20
requirements
of
this
section
in
an
action
brought
against
the
21
public
school
or
accredited
nonpublic
school
or
any
other
22
person
who
has
been
granted
access
to
information
pursuant
to
23
section
299.5A
or
299.12
.
Suits
to
enforce
this
section
shall
24
be
brought
in
the
district
court
for
the
county
in
which
the
25
information
was
disseminated
or
redisseminated.
Upon
a
finding
26
by
a
preponderance
of
the
evidence
that
a
person
has
violated
27
this
section
,
the
court
shall
issue
an
injunction
punishable
28
by
civil
contempt
ordering
the
person
in
violation
of
this
29
section
to
comply
with
the
requirements
of,
and
to
refrain
from
30
any
violations
of
section
299.5A
or
299.12
with
respect
to
the
31
dissemination
or
redissemination
of
information
shared
with
the
32
person
pursuant
to
section
299.5A
or
299.12
.
33
Sec.
8.
REPEAL.
Section
299.5A,
Code
2024,
is
repealed.
34
Sec.
9.
SCHOOL
DISTRICTS
——
POLICIES
RELATED
TO
PORTABLE
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ELECTRONIC
DEVICES.
1
1.
a.
On
or
before
December
31,
2024,
each
school
district,
2
shall
develop
a
policy
that
restricts
student
use
of
cellular
3
telephones
and
smartphones
during
classroom
instructional
time.
4
b.
The
policy
shall
describe
with
specificity
the
5
expectations
related
to
student
use
of
cellular
telephones
and
6
smartphones
during
the
school
day
and
disciplinary
actions
the
7
school
district
will
take
if
a
student
violates
the
policy.
8
c.
The
policy
shall
apply
to
all
attendance
centers
within
9
the
school
district;
provided,
however,
that
the
policy
may
10
establish
different
expectations
and
disciplinary
actions
for
11
different
grade
levels.
12
d.
The
policy
shall
describe
the
circumstances
in
which
an
13
employee
of
the
school
district
may
temporarily
waive
or
make
14
exceptions
to
the
policy
for
a
student
in
cases
that
require
15
that
reasonable
exceptions
be
made.
16
2.
The
school
district
shall
make
the
policy
available
to
17
the
public,
including
by
publishing
the
policy
on
the
school
18
district’s
internet
site.
19
Sec.
10.
COUNTY
ATTORNEYS
——
SCHOOL
HANDBOOK
AND
SCHOOL
20
POLICY
REVISIONS.
On
or
before
December
31,
2024,
each
school
21
district
shall,
in
consultation
with
the
county
attorney
of
the
22
county
in
which
the
school
district’s
central
administrative
23
office
is
located,
revise
all
school
district
handbooks
and
24
policies
applicable
to
students
enrolled
in
prekindergarten
25
through
grade
eight
to
incorporate
changes
this
Act
has
made
26
related
to
student
absenteeism
and
truancy,
and
prekindergarten
27
through
grade
twelve
for
policies
related
to
portable
28
electronic
devices.
29
Sec.
11.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
30
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
31
compliance
with
any
state
mandate
included
in
this
division
32
of
this
Act
shall
be
paid
by
a
school
district
from
state
33
school
foundation
aid
received
by
the
school
district
under
34
section
257.16.
This
specification
of
the
payment
of
the
state
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cost
shall
be
deemed
to
meet
all
of
the
state
funding-related
1
requirements
of
section
25B.2,
subsection
3,
and
no
additional
2
state
funding
shall
be
necessary
for
the
full
implementation
of
3
this
division
of
this
Act
by
and
enforcement
of
this
division
4
of
this
Act
against
all
affected
school
districts.
5
DIVISION
II
6
TRUANT
STUDENTS
——
OPEN
ENROLLMENT
7
Sec.
12.
Section
282.18,
subsection
2,
paragraph
b,
Code
8
2024,
is
amended
to
read
as
follows:
9
b.
The
board
of
the
receiving
district
shall
enroll
10
the
pupil
in
a
school
in
the
receiving
district
unless
the
11
receiving
district
has
insufficient
classroom
space
for
the
12
pupil
or
unless
the
receiving
district
has
prohibited
the
13
pupil
from
enrolling
pursuant
to
subsection
11A
.
The
board
of
14
directors
of
a
receiving
district
may
adopt
a
policy
granting
15
the
superintendent
of
the
school
district
authority
to
approve
16
open
enrollment
applications.
If
the
request
is
granted,
17
the
board
shall
transmit
a
copy
of
the
form
to
the
parent
18
or
guardian
and
the
school
district
of
residence
within
five
19
days
after
board
action.
The
parent
or
guardian
may
withdraw
20
the
request
at
any
time
prior
to
the
board’s
action
on
the
21
application.
A
denial
of
a
request
by
the
board
of
a
receiving
22
district
is
not
subject
to
appeal.
23
Sec.
13.
Section
282.18,
Code
2024,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
11A.
a.
If
a
pupil
participating
in
open
26
enrollment
is
truant
as
defined
in
section
299.8,
the
receiving
27
district
may
prohibit
the
pupil
from
remaining
enrolled
in
the
28
receiving
district
and
from
enrolling
in
the
receiving
district
29
in
the
future.
A
receiving
district
shall
send
notification
of
30
the
receiving
district’s
decision
to
prohibit
the
pupil
from
31
remaining
enrolled
in
the
receiving
district
pursuant
to
this
32
paragraph
to
the
pupil’s
parent
or
guardian
and
to
the
pupil’s
33
sending
district.
34
b.
The
sending
district
shall
enroll
the
pupil
who
is
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prohibited
from
remaining
enrolled
in
the
receiving
district
1
pursuant
to
paragraph
“a”
.
2
c.
This
subsection
shall
not
be
construed
to
prohibit
the
3
pupil’s
parent
or
guardian
from
filing
a
request
to
transfer
4
pursuant
to
subsection
2,
paragraph
“a”
,
subsequent
to
the
5
receiving
district’s
decision
to
prohibit
the
pupil
from
6
remaining
enrolled
in
the
receiving
district.
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