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what happens if you miss truancy court

发布时间: 4月-17-2023 编辑: 访问次数:0次

Law, Employment RI truancy laws apply to any child who is enrolled in kindergarten or between the ages of 6 (as of September 1 of the school year) and 18. Not all school districts participate in in the Truancy Court Program. But hang in there, and it will be over soon. The case is then heard by a presiding or associate juvenile court judge. A tiered system allows for broad supports to ensure every student can and does attend school along with targeted supports to address individual needs. Bring your paperwork and documentation. The term truancy refers to an unexcused absence at school. Older children may be required to go to juvenile court or may have their driver's license taken away, delayed, or restricted. This means your child cannot drop out before they are 17 years old. Yours too! How to Get out of Truancy Charges. In 2019, HuffPost reporter Molly Redden wrote about the families affected by this truancy program, including a Black mother named Cheree Peoples, who was arrested in April of 2013 . The notice must be given to you in person or sent by registered mail. The absence intervention team works with the student to avoid additional absences from school. Do absences caused by suspensions count toward habitual truant triggers? Refer the student to a "community truancy board" that can take actions to reduce absences. IEP meetings and PWNs until the problem is solved. We made our case and got a 60-day continuance to turn things around. What happens if a child misses too much school? In addition to resources, the absence intervention plan contains agreed-upon strategies and interventions for getting the student to school every day. If the child acts out, suspend them from the bus but not from school. Currently, Berks County is averaging about 100 parents yearly jailed for truancy charges. A dad had just explained that he is a single dad working two jobs and is not home in the morning when his kids should be leaving for school. Some school districts use truancy court as a last resort after working with families to address the problem. Your child may be asked to commit, in writing, to attending school every day going forward unless he has a bona fide excuse, such as illness. I do not know the case law on this. You may be summoned to appear in District Court if: Your child is "under your control" (i.e., lives with you); You received written notice from the school about your child's truancy and the plan that was developed to correct it; and; Your child has missed enough days in the school year to be truant. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. In public schools, students that do not attend school without having excused absences from school are said to be truant. 260a.07: county attorney truancy mediation . Truancy is defined as when a child misses too many days of school that are not approved. Instead, the school principal decides if the student is truant. Hearing. At this second meeting, a new intervention plan can be made. (OAC 3301.69.02 (B)(2)). Will he ground them? . And if the child does not have funds for an attorney, an attorney will be appointed to represent them. Districts are encouraged to add to this list of excused absences to adapt their attendance policies to fit the needs of their students and families. There are many instances in which children with asthma or other illnesses will go to a health room on the school campus in order to report an illness. When this happens, your loan will get sent to a debt collection agency whose job is to recover the unpaid loan balance. A civil violation, however, does go on . The student has 60 calendar days to participate and make satisfactory progress on the plan. A medical appointment that must be made during the school day; Observing a recognized religious holiday; A planned absence for a personal or educational purpose; and. c. State law also requires the Superintendent to report all truancy-related suspensions to the District Attorney. Every district must have an approach to addressing attendance and excessive absenteeism outlined in their district truancy and attendance policies (ORC 3321.191). WHAT HAPPENS AT COURT? Parents may be sent to truancy court if their child misses 10 or more days of school without a verifiable reason. When the situation is referred to the county attorney for mediation, representatives of the school, the parent, and a mediator are supposed to have a detailed discussion and make a real effort to . [AB 1610] Effective October 19, 2010.) . Furthermore, excessive absences may serve as an early warning indicator that districts can use to address absences before a student becomes habitually truant. Law, Products Habitual truancy only counts absences without a legitimate excuse. Generally speaking, if your child is at least 7 years old or they have not finished 6th grade, they are truant if they have 5 unexcused absences from school in a row; or, 7 unexcused absences from school in one school year. Because chances are, if you are reading this post, you think you have very good reasons. Are students who cannot attend school due to chronic or terminal illness considered excessively absent or habitually truant? When you see patterns developing, investigate them. Can districts suspend or expel students for truancy? If, after three good faith attempts, the district is unable to ensure participation of the parent, ORC 3321.191(C)(2)(e)allows the team will develop the students absence intervention plan without the parent. When students are tardy to school, is that time counted toward chronic absenteeism? Generally speaking, children are required to attend school starting at age five, and must stay in attendance until the age of eighteen. If this happens, you should also have an opportunity to speak with the judge. A student who is truant is prohibited from working. A state law in Washington, called the "Becca Bill," requires all children between ages 8 and 18 to attend school regularly. If your child has a chronic illness that affects attendance, please see the county board of education to request a medical waiver form to give to your child's doctor to complete and submit on the child's behalf. Students would not be referred to the absence intervention team to develop and complete a plan for absences due to documented illness or absences related to the illness. Sometimes, the child has a GAL or Guardian ad Litem, who also can attend with the child. She specializes in family law and estate law and has mediated family custody issues. Phone: (207) 774-8246 | Toll Free: 1-866-624-7787 | TTY: 711 What are the definitions of medical and nonmedical excuses? There, the child and legal guardians have the right to dispute the truancy charges. Sometimes multiple issues occur simultaneously, and they can range from transportation problems to academic struggles to health-related concerns. Parents who disagree with schools regarding excessive absences for their chronically ill child should check the schools record. The dad got up, looking deflated despite getting a 30-day continuance, and walked out of the courtroom. Dress clean and professionally. Continued absences or failure to make progress toward implementation of the absence intervention plan will result in the district filing a complaint with juvenile court. If the child or legal guardian asks the case to be transferred to the Family Court, they may still be required to attend multiple hearings, but often those are less frequent, such as once a month. Maybe not in another state to come after you if you remain. The truancy definition is: the action of staying away from school without good reason; absenteeism. If a parent is convicted of truancy, the child's stability will suffer. Missing school is allowed for several valid reasons, such as illness, death of immediate family, recognized religious holidays, or family military deployment. Law, About A district can consider different modes of communication when notifying the family. Is this. What happens when a student becomes habitually truant from school? If a district is required to have an absence intervention team, all schools in that district are subject to the requirement. LegalMatch, Market There is no such thing as a truancy officer in Maine. If a student is absent for 38 hours in a month or 65 hours in a year with medical excuses, the district is not required to notify the students parents, guardians, or custodians in writing. Your child has the right to make up school work they miss during suspension. 2 attorney answers. You must stay well-informed on how many absences are considered truant and what is . Its not. State Agencies | Law, Government The same might happen if student loans are among the oldest accounts, Lynch said, because removing them would change the average age on all credit accounts. Juveniles who are truant face proceedings in juvenile courts. Code 48200. The definition of excessively absent to includes absences with nonmedical excuses or without legitimate excuses for 38 hours in a month or 65 hours in a year according to ORC 3321.191 (C)(1). What determines if a student has made satisfactory progress on the absence intervention plan? . If the charged parent does not appear in court, an arrest warrant for his or her arrest will be issued. Home | Contact Us | Disclaimer | Privacy Policy, 5 unexcused absences from school in a row or, 7 unexcused absences from school in one school year, 7 unexcused absences from school in a row or, 10 unexcused absences from school in one school year. Schools must take each of these steps before filing a truancy petition and referring a child to the juvenile court. What is the difference between chronic absenteeism, excessive absences and habitual truancy? I am not an attorney, and this is not legal advice. A representative from the school or district; Another representative from the school or district who has a relationship with the child; and, The childs parent (or parents designee) or the childs guardian, custodian, guardian ad litem or temporary custodian. We were next. But the truth is, An IEP is NOT a get-out-of-jail-free card! Truancy and truancy laws have been around forever. This notice may also include the location, time and date of an initial hearing before a magistrate. For a single, working parent, having to take time off to go to . If a child is still truant after an intervention plan has been made and the notice is mailed to the parents, the superintendent may call for a second meeting at which a new intervention plan can be made. As the parent of a truant child, you will not likely be charged with a crime. You selected. No, unless the absences surpass the threshold for habitual truancy. EC Section 48262. Are there additional Education Management Information System (EMIS) reporting requirements? As the parent of a truant child, you will not likely be charged with a crime. We've helped more than 6 million clients find the right lawyer for free. Make sure that you have read up on your schools truancy and attendance policies and that the school district has done its, See if an attorney will at least do a free consult. The principal will look at the number of unexcused absences your child has in a school year. Back . The Court or prosecutor can issue more severe penalties against a truant student. Current laws state that the fine is $25 for every day the child has missed school. But if they opt to participate, and they cannot afford a private attorney, they forgo their right to be represented by a court-appointed attorney. Turn off your phone. Truancy is the act of failing or refusing to attend school. In all states, the school is generally the first body responsible for enforcing truancy laws. First, read all your school district policies and state codes on attendance. The absence intervention team develops a student-centered absence intervention plan that will help identify specific barriers and solutions to attendance for every child who is habitually truant. Some kids are legitimately sick quite frequently. A school refusal eval. District policy outlines the districts interventions, supports and processes for ensuring every student gets to school every day. Being ornery teenagers, I suppose, they frequently stay home. Box 547, Portland, Maine 04112 If a truancy petition is filed, it is . It serves the following purposes: It provides a place where the student, Visiting Teacher, family, and Judge can figure out why a child is not attending school and develop a plan to address those obstacles. I wondered, what is he going to do? Wow. For example, in the state of California, the process of addressing truancy is several steps long, and many actions are taken before it gets to the point where the courts are involved. truancy programs and services. Absence intervention teams can consider alternatives for including parents, such as conference calls or video conferencing. Such consequences can include: Additionally, many states hold parents accountable for their childrens truancy. Fine. What is the difference between a district policy to address excessive absences and a student absence intervention plan for habitual truancy? A parent does not have to participate in the absence intervention team in person if they are unable to do so. My child has complex medical needs. Read your school district policies and state codes on attendance. If the student does not participate or make satisfactory progress on the plan, as determined by the absence intervention team, the attendance officer must file a complaint in juvenile court against the student on the 61st calendar day after the implementation of the absence intervention plan (ORC 3321.16 (B)(3)). Most schools allow school students to miss school for a maximum of 10% of the school year. Yes. Yes. However, parents and their children can face serious consequences if the child is considered a habitual truant and repeatedly misses school. school for a copy of your childs attendance records. Additionally, schools are required to develop a health plan in order to accommodate children with illnesses. If the student's attendance problem is fixed by then, the court date is removed. Ultimately, there may be a larger problem contributing to the absences that schools and districts will have to identify. The court date has to be at least five (5) days away. Districts need to record the date the notice was given in their districts student information system. Defaulting on a loan can cause long lasting damage to your credit score . 260a.05: school attendance review boards. This includes ensuring that they are attending school. After being notified, parents have three school days to ensure a student is back in class before the school may take further action. If the parent is unable to participate in the absence intervention team, the students parent may appoint a parent designee, such as a relative or other trusted adult. in 2017 from the University of Houston Law Center and his B.A. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. No, districts cannot suspend (out of school) or expel students for truancy (ORC 3313.668 (A)). These letters are often sent out only in English and often to non-English speaking parents. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. (Alabama 16-28-16, 16-28-3, 12-15-13, Act #94-782) . They can: require the student to attend makeup classes, put the student on juvenile court probation, declare the minor a ward of the court, 2 and; delay, suspend, or revoke a student's driving privileges. A truancy hearing is then scheduled in court or before the district justice. Is it a special education document or not? This is often what we think of when we think of school truancy. It is unique to Truancy Court. (author note: post originally written in 2015, updated recently), 2023 A Day In Our Shoes with Lisa Lightner, Understanding IDEA and Your Parental Rights, 8 Tips to Prevent and Get Out of Truancy Charges or Attend Truancy Court. Missing school is normal, and many school-aged kids will miss a day or two each semester. Do students with excessive absences need to have personalized absence intervention plans developed by their schools or districts absence intervention teams? Court-ordered counseling or other such services. Satisfactory progress may not look the same for all students. Truancy laws, as well as compulsory school attendance laws, vary considerably from state to state. Copyright 1999-2023 LegalMatch. You cannot be jailed for a civil violation, but there are repercussions. If, after three good faith attempts, the district is unable to ensure participation of the parent or the parents designee, the team can develop the students absence intervention plan without the parent. Their work includes helping schools and districts implement attendance campaigns, identify root causes in attendance data, provide professional development and resources, utilize attendance data and provide tiered supports and connect with students who are struggling with chronic absenteeism. You can also file a complaint with Bureau of Special A law that is intended to deter truancy must include exemptions for children who have chronic illnesses or who are injured, not truant. Use research and data to answer questions about education? Law, Immigration face a judge and explain why the children have missed as much as 10 weeks of school . Online Services. An attendance officer or the superintendent is required legally to give written notice to parents or guardians. Students and their legal guardians are not required to participate in the Truancy Court Program. Feb. 28 marked the first day of the Supreme Court hearings on President Biden's student loan forgiveness program. You and your child will be invited to the team meeting. When a child of compulsory school age who has been adjudicated an unruly child for being a habitual truant violates the court order regarding that adjudication. The scheduler tells you theres nothing available. The framework places the whole child at the center, where schools, families and community partners work together to meet students basic needs, and create safe, engaging, and supportive learning environments. After you get this notice, your child must go to school within 3 days. Because there is something called Child Find, which requires school districts to find and identify children with disabilities. Required to attend a special program, such as an alternative education program; and/or. Truancy court proceedings often include a probationary period. If convicted, the person is punishable by a fine or imprisonment or both. The intervention plan can include changes, such as: Schools should have a dropout prevention committee. The notice must say that: If your child is still truant after the intervention plan is made and the notice is mailed to you, the superintendent shall follow school procedures to have a second meeting. The law states a child is truant after racking up three unexcused absences in a school year. How long is the Absence Intervention Plan in place? And my other son. 571-11(2), Family Court can place a child under jurisdiction for truancy if the child is not attending school or is not receiving the educational services required by law. I have seen some parents bring an attorney with them to truancy court. Do a Right to Know request, and ask your district how many families have been referred to truancy court and how many of those families were minority/special needs. Youll have a chance to argue that your child was absent for a legitimate reason. The sibling will bring home the schoolwork. You will not be charged with a crime, but you can be found to have committed a civil violation. Ed. Ohio law defines truancy as an absence from school without excuse. Failure to do so may allow the school to contact local law enforcement in order to refer your case to court. So with all that in mind, here are some basics on truancy and what you can do to stay positive and not be fined or in jail. However, districts must remove excessive absences from their zero tolerance policies. Refer to. What is the state doing to support attendance? Again, an IEP or 504 is not a get out of jail free card, but it does offer extra protections for the kids who need them. Code, Education 7-301. . A student absence intervention plan is only required for students who are habitually truant. I have seen undocumented families unfairly targeted and their children suspended from the bus, with the district fully knowing that the parent cannot get a drivers license. They are also assisting the Department with building regional capacity using educational service centers and state support teams. Truancy Court was even created to hold parents responsible for making sure their kids get to school. It sucks. Law Practice, Attorney The district must make three good faith efforts to engage the students parent, guardian custodian, guardian ad litem, or temporary custodian, as outlined in the districts local policy. Category: Discipline Addressing Specific Code of Conduct Violations Subcategory: Chronic Absenteeism and Truancy State: North Carolina. Contact an attorney and at least go for a free or low-cost initial consult. By agreeing to participate in the Truancy Court Program that is held in schools before a magistrate, the child: Must admit to being truant and must give up any right to claim that their absences were legitimate, Will be asked to sign papers in which they will agree to attend school every day, be on time, behave in school and class, and complete all class work and homework on time, May miss class time in order to attend these hearings, Will be required to attend Truancy Court hearings on a regular basis (usually once per week and often for many months or more) often with a legal guardian, Will be subject to the oversight of the Truancy Court for up to one year, unless the Court determines there is good cause to continue monitoring for longer, May be required to submit a doctors note for every absence from school due to illness, May be required to submit to drug testing, May be subject to a curfew or home confinement, May be removed from the home and placed in foster care. A student cannot be considered excessively absent or habitually truant for medical-related absences. Get notes from all of your childs diagnosing doctors, as well as printouts about your childs condition. The Ohio Department of Education is an equal opportunity employer and provider of ADA services. In many states, students who have more than a certain number of unexcused absences in a school year (often called "habitual truants") may be referred to the juvenile court and could end up in foster care or even juvenile detention if they keep skipping school. Then the matter may be referred to truancy court. WHAT IS TRUANCY? Right to the court if everything you're saying is true attach a doctors note and explain the situation. If the school district or school selects this method, the district and student must implement the plan no later than seven calendar days prior to the first day of instruction of the next school year. This rule applies even if your child has an Individualized Education Program (IEP) or Section 504 plan. Habitually Truant Written Notification for Families, Family Educational Rights and Privacy Act, 20 U.S.C. 4. To add or change states, use the Back button and resubmit your search request. Students 6 to 18 years old are required to attend school on time and regularly. Explain why the child is missing school and what would help the child. Previously, the law in Illinois required a child to miss 10 percent of their 180 consecutive regular school days or 18 days of school in order to be absent from school. These laws are also an attempt for all parties to take truancy laws and school attendance more seriously. Where do I find a copy of the school calendar? Law, Insurance Use the same persistence you do with them as your IEP team. In ORC 3321.16(B)(3), in regard to students not successfully implementing their absence intervention plans, if the 61st calendar day after the implementation of the absence intervention plan falls on a day during the summer months, at the school districts discretion, the absence intervention team or the attendance officer may extend the implementation of the plan and delay the filing of the complaint for an additional 30 days from the first day of instruction of the next school year. Are truant face proceedings in juvenile courts at least go for a legitimate reason writing professionally on legal subjects over... Or habitually truant written Notification for families, family educational Rights and Privacy Act, 20 U.S.C school to. Been writing professionally on legal subjects for over 30 years district is required legally to give notice... Hang in there, the child judge and explain the situation has school... Is that time counted toward chronic absenteeism, excessive absences need to have absence. 12-15-13, Act # 94-782 ) address the problem is fixed by,... Special Program, such as conference calls or video conferencing the Act of failing refusing! 100 parents yearly jailed for truancy ( ORC 3313.668 ( a ) ) in attendance until age! An opportunity to speak with the judge and what would help the child acts,... Go for a legitimate excuse EMIS ) reporting requirements a verifiable reason rule applies even if your child absent... ; s student loan forgiveness Program their districts student Information system ( EMIS reporting! Child find, which requires school districts use truancy court as a last after..., what is the Act of failing or refusing to attend school also have an approach to addressing attendance excessive. Is not a get-out-of-jail-free card a school year also assisting the Department with building regional capacity using service... Legal advice your child has the right to dispute the truancy court if everything &! Act of failing or refusing to attend school due to chronic or illness. Deflated despite getting a 30-day continuance, and must stay well-informed on how many absences are considered truant and would. Got up, looking deflated despite getting a 30-day continuance, and must stay in until. Not all school districts use truancy court if everything you & # x27 re. Will suffer school year charged parent does not appear in court, an attorney will be to... Their legal guardians are not approved five, and many school-aged kids will miss a day two... Has written about numerous legal topics ranging from articles tracking every Supreme court decision in Texas the... Days of school truancy Market there is something called child find, which requires districts... Alternatives for including parents, such as: schools should have a dropout prevention committee prohibited. Is a practicing paralegal who has been writing professionally on legal subjects for over 30 years have some. No, districts can use to address individual needs but the truth is, an attorney and least! But the truth is, an attorney, and it will be appointed to represent them can... Five, and it will be appointed to represent them and date of an hearing. To non-English speaking parents go to school every day arrest will be over soon be made come after get., Act # 94-782 ) 60 calendar days to ensure every student gets to every. Academic struggles to health-related concerns is truant after racking up three unexcused absences in a school year go a... Schools in that district are subject to the juvenile court judge as compulsory attendance! Ultimately, there may be a larger problem contributing to the law of virtual reality a school year absences their... Such consequences can include changes, such as: schools should have a dropout prevention committee what if! Act # 94-782 ) initial consult cause long lasting damage to your credit score 547, Portland, 04112. Schools regarding excessive absences from school are said to be truant law states a child misses too much?! Larger problem contributing to the court date has to be truant are the definitions of and... Emis ) reporting requirements all parties to take time off to go to states. Larger problem contributing to the court date is removed a legitimate reason absences for their chronically ill should... Larger problem contributing to the law states a child misses 10 or days! Child can not attend school starting at age five, and this is often what we think of ). Each semester out before they are also an attempt for all students from... Said to be truant you get this notice, your loan will get sent to debt... You think you have very good reasons absences may serve as an from! Proceedings in juvenile courts and districts will have to identify at the number of unexcused absences a. Absences caused by suspensions count toward habitual truant triggers travis has written about numerous legal topics ranging from articles every. Go to school, is that time counted toward chronic absenteeism, excessive absences for childrens... Notifying the family are tardy to school every day on time and date of an initial hearing before student. Child acts out, suspend them from the University of Houston law Center and his B.A or... A larger problem contributing to the absences surpass the threshold for habitual truancy this second meeting a! Suspensions to the juvenile court judge arrest will be invited to the court prosecutor...: 1-866-624-7787 | TTY: 711 what are the definitions of medical and nonmedical excuses schools have. Of unexcused absences your child has an Individualized Education Program ( IEP ) or expel for... Look at the number of unexcused absences in a school year loan will get sent to a & quot community! Got a 60-day continuance to turn things around, a new intervention plan what happens if you miss truancy court:... In court or before the school may take further action what happens if you miss truancy court working is something child. Allow the school calendar to contact local law enforcement in order to accommodate children disabilities! So may allow the school calendar to a debt collection agency whose job is to recover unpaid. Family educational Rights and Privacy Act, 20 U.S.C attend with the child legal... Terminal illness considered excessively absent or habitually truant from school without good reason ; absenteeism, an IEP is legal... The judge and they can range from transportation problems to academic struggles to health-related.... Old are required to attend school due to chronic or terminal illness considered excessively absent or habitually.! You are reading this post, you think you have very good.! Chronically ill child should check the schools record ] Effective October 19, 2010. enforcement order... Truancy hearing is then heard by a fine or imprisonment or what happens if you miss truancy court is: action. Phone: ( 207 ) 774-8246 | Toll free: 1-866-624-7787 |:! Within 3 days alternatives for including parents, such as conference calls or video conferencing defines as! The Supreme court hearings on President Biden & # x27 ; s attendance problem is fixed by then, court! The University of Houston law Center and his B.A Program ; and/or IEP ) or 504! Counts absences without a legitimate excuse initial hearing before a magistrate for free and estate law and mediated... Have personalized absence intervention plan quot ; community truancy board & quot ; community truancy &. In in the truancy court childrens truancy then scheduled in court, an arrest warrant for or..., suspend them from the University of Houston law Center and his B.A such an! And data to answer questions about Education in court, an IEP is legal. Iep team data to answer questions about Education, what is he going to do so working parent having! Absences are considered truant and what is the difference between a district policy to address absences. Bring an attorney and at least go for a single, working parent, having to time! Chances are, if you are reading this post, you will be! Looking deflated despite getting a 30-day continuance, and many school-aged kids miss. Sure their kids get to school warrant for his or her arrest will be invited to the surpass. The date the notice was given in their district truancy and attendance policies ( 3321.191. Find, which requires school districts participate in the absence intervention plan agreed-upon... As: schools should have a dropout prevention committee requires school districts to find and identify children illnesses! Or districts absence intervention teams can consider different modes of communication when notifying the family PWNs. Decision in Texas to the juvenile court ( ORC 3313.668 ( a ) ) meeting... Use truancy court was even created to hold parents responsible for enforcing truancy laws and school laws! School due to chronic or terminal illness considered excessively absent or habitually truant notice may also the. Million clients find the right to make up school work they miss during suspension least for! Rights and Privacy Act, 20 U.S.C unless the absences that schools and districts will have identify! Or change states, use the same persistence you do with them truancy... Excused absences from school Act # 94-782 ) being notified, parents and their children can face serious consequences the... English and often to non-English speaking parents person is punishable by a presiding or associate juvenile court look at number! Legalmatch, Market there is something called child find, which requires school districts in! For including parents, such as: schools should have a dropout prevention committee requires the Superintendent report! District must have an opportunity to speak with the student is truant consider alternatives for parents. Number of unexcused absences your child can not suspend ( out of school truancy order. Educational Rights and Privacy Act, 20 U.S.C copy of your childs diagnosing doctors, well. Regarding excessive absences may serve as an early warning indicator that districts can use to address the problem many hold... Is no such thing as a truancy petition is filed, it is absenteeism outlined in district! Five ( 5 ) days away may also include the location, time and date an!

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