listings on the site are paid attorney advertisements. You will need to pay tuition for that child to attend in your district. Children in foster care should remain enrolled in the school of origin unless there is a determination that it is not in the child's best interest to attend the school of origin. It is advisable to schedule an appointment with a guidance counselor. An emancipated minor is a student under the age of 21 who has established a domicile apart from the continued control and support of parents or guardians or who is living with a spouse. and the BEC 42 U.S.C. A school district must normally enroll a child the next business day, but no later than five business days after application. 131305(a), which provides that a nonresident child in paid foster care is "entitled to all free school privileges accorded to resident children of the district. In addition, nonresident exceptional school-aged persons should be afforded the same rights to an appropriate program of special education as are resident exceptional school-aged persons per 24 P.S. Your apartment lease, showing the child as a member of your household. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. What about children who are awaiting placement in foster care? You may need a little patience and persistence, but it most certainly can be done. This panel will go through about 10% of applications to try and identify anyone who has given a false address. Children who are awaiting foster care placement are considered homeless students. A district may require that more than one form of residency confirmation be provided. Complete this form for a child/youth presenting himself/herself for enrollment while not in the physical custody of a parent or guardian. May a school district inquire into the immigration status of a child? The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. Professional Standards and Practices Commission, the resident of the school district is supporting the child without compensation or gain; and, the child is living there for the entire year and not only the school term; and, that the resident will take responsibility for the childs schooling. What if a child is living with me only so he can go to school in my district? The school district may not require these children to meet additional or different enrollment standards. A school district or charter school also is entitled by law to receive information on an enrolling student from the previous school, whether public, charter, nonpublic or private, which the student attended. All 50 states allow medical exemptions, 44 . 170342 U.S.C. Generally, the children should attend school in the district where the custodial parent resides. The natural parent(s) or former guardian(s) of the student may not be required to provide information. A school district may not deny or delay a child's school enrollment based on the information contained in a disciplinary record or sworn statement. See the paragraph on Homeless Students for guidance in that situation. As mentioned, there are some schools that have better educational opportunities or they may have a specialized program you want your child to participate in. Youve stepped in to help; now cut through the red tape. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. If you use the address of the grandparents when enrolling in school, you run a big risk of the school board finding out. Not sure about your question about school. RA-PDE-SchoolService@pa.gov. Address Confidentiality Program (ACP). See O.C.G.A. College Bound: ESMEs 2019 Scholarship Winners Showcase the Pride and Determination of Solo Mom Families, such as this one for Dutchess County in New York. The school district or charter school has no obligation to enroll a child until the parent, guardian or other person having control or charge of the student making the application has supplied proof of the childs age, residence, and immunizations as required by law. Except when a child is homeless, whenever a child of school age is presented for enrollment by a parent(s), school district resident, or any other person having charge or care of the child, the school district or charter school shall require that the following information be documented before enrolling the child and allowing the child to attend school: Proof of the child's ageAny one of the following constitutes acceptable documentation: birth certificate; notarized copy of birth certificate; baptismal certificate; copy of the record of baptism notarized or duly certified and showing the date of birth; notarized statement from the parents or another relative indicating the date of birth; a valid passport; a prior school record indicating the date of birth. Among the documents that a school district or charter school may request are: picture identification, health or physical examination records, academic records, attendance records, Individualized Education Program, and other special education records. If a student is under age 21 and has a Graduation Equivalency Diploma (GED), may he enroll in school and work towards her high school diploma? The unaccompanied homeless youth has the right to enroll in a school or school district immediately even if she does not have the documents typically required for enrollment. This entitlement and the requirements to secure enrollment discussed throughout this BEC apply equally to resident students residing with their parent(s); to non-resident students living with a district resident who is supporting the child gratis and seeking enrollment under 24 P.S. A residents receipt of payments, such as Supplemental Security Income (SSI), Transitional Assistance for Needy Families (TANF), pre-adoptive or adoptive support, maintenance on public or private health insurance, support from the military or military personnel or payments for or on account of the child such as child support is not considered to be personal compensation or gain. l f1jmY=nX F7'}*7/5T{g#Sx;x7d 1= When a student returns to a school district from a delinquency placement, the school district cannot automatically place a child in an alternative education program for disruptive youth merely because the child had been adjudicated delinquent. If you have issues with enrolling a child in school without custody, we at the Law Offices of Albert Goodwin are here for you. In Philadelphia County, it costs $107.13 to file for custody. The requirement of subsection (b) applies equally to nonresident children who are children living in facilities or institutions as defined in 11.18 (relating to nonresident child living in facilities or institutions), or foster homes, or with a district resident who is supporting the child without personal compensation as defined in 11.19 (relating to nonresident child living with a district resident), provided that the person making the application has supplied the documentation required by law. Must a school district provide extra help when the person enrolling the child has limited English skills? As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. You should fill out the form and sign it, and if possible, your ex-spouse should sign the form too. After receipt of a complaint, a Department representative will contact the school district, family or other involved parties to determine the facts, whether the child is entitled to enrollment in the district and to try to resolve the problem. You can follow her on Twitter at @reconceivinglos. These laws allow for caregivers without legal custody to enroll the children in their care in the local school, tuition free. Probably. You need to see an attorney with the latest order. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. How do I enroll the child in my district? (i) A homeless child, as defined in the McKinney-Vento Homeless Act 42 U.S.C. Lawyers from our extensive network are ready to answer your question. Can I enroll the child in the school district where I live? In order to make sure your childs education is as consistent as possible, make sure you know the rules about the school districts in the state you live in. Students who turn 21 during the school term are entitled to finish that school term. Falling within this definition are students who have run away from home, been thrown out of their home, or been abandoned or separated from their parents or guardians. Each district will have administrators whose job is to assist with enrollment. This form is called "Custodial Statement and Agreement: Divorce, Separation, or Abandonment." (d)Immigration status. 13-1302. Pay the required filing fee: Pennsylvania courts' child custody filing fees vary and may run into hundreds of dollars. This is because the primary goal of Courts is usually to minimize disruption to the children. Children placed into foster care often move from one foster home to another and such moves may involve school changes as well. In some states, using a false address is a crime and you can be fined for knowingly giving the wrong address when registering your child for school. 13-1371 et seq. 13-1317.2(e.1)). A school district or charter school shall normally enroll a child the next business day, but no later than 5 business days of application. Courts tend to look at a sudden change children's school as a bad thing and will do what they can to avoid it. However, if a student currently is expelled for a weapons offense, the school district can provide the student with alternative education services during the period of expulsion (24 P.S. We provide general wellness related information. advice, does not constitute a lawyer referral service, and no attorney-client or This includes consideration on a case-by-case basis, whether a child who does not clearly fall into one of these categories is nevertheless a child awaiting foster care placement. No part of the information on this site may be reproduced for profit or sold for profit. Children living with adoptive parents are entitled to all free school privileges accorded to resident school children of the district under 24 P.S. Is it sole legal custody, if it is school is you decision. Although they may ask for any of this information, they may not require it as a condition of enrolling or admitting a child and they may not delay a child's enrollment or attendance until these documents are provided. To ensure your child is enrolling in the appropriate grade, schools require you to provide a proof of age. The Federal Adoption Assistance Program, among other things, provides for adoption assistance payments to encourage the placement of certain hard-to-place children with adoptive parents, 42 U.S.C. Go to the school, and make an appointment with someone in the registrars office. Code 25.001(j). The content of the responses is entirely from reviewers. The form gives the school a responsible party (you) to contact with any questions about the child, or to send information home about the child. Enrolling a child in school when you aren't the custodial parent. Benefit notices from the Division of Family and Children, showing that the child is receiving TANF, food stamps or Hoosier Healthwise benefits as a member of your household. If you are trying to change the child's school, you must refer to your court orders to see if you need the father's or court's permission to do that. Education Resources for Pennsylvania Parents . For both enrollment and also for residency determinations, a school district or charter school may not request or require any of the following: a social security number; the reason for a child's placement if not living with natural parents; a child's or parent's visa; agency records; or, except in the limited circumstances described in the next section, a court order or records relating to a dependency proceeding. The school entity or nonpublic school to which the student has transferred should request the record. endstream endobj 194 0 obj <>stream provide it will not bar the child from enrolling in or attending school, and (2) explain for what purpose the number will be used. If a noncustodial individual (e.g., a grandparent) is not considered the legal guardianeven though that person is likely to be providing care for an uncertain and extended duration of timethere are very specific legal steps that must be taken in order to register and enroll a child in school. The individual situation of the resident determines whether they will show that they have custody of the child or file a sworn statement as to the 3 items listed above; this is not a matter of choice for the school district. The provisions of this 11.11 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. What to Do About Narcissistic Grandparents. What do I do now? However, if the children are living with the non-custodial parent, the children should be able to enroll in school in the non-custodial parent's school district. These public school enrollment procedures, consistent with law, exist to ensure that public schools promptly enroll students who are residents or who are eligible non-residents. You may be trying to access this site from a secured browser on the server. When necessary, local school officials should consult with their county children and youth agencies to determine if a child meets the definition of "awaiting foster care placement", including, on a case-by-case basis, whether a child who does not clearly fall into one of these categories is nevertheless a child "awaiting foster care placement.". @d^dU?of`e``!@ NT The school district must also administer the Home Language Survey at the time of enrollment. Depending on where you live, you can reach out to a local government office or an office of family services, such as this one for Dutchess County in New York. 0(X]C [ZhYg;dU v5|$^+tEQ{+y2z:7 Ql@ewV*:j[J6Fr!` &b(wl"g~d^$BEG"f)TC4G W Q If your children are not quite school age you have some time to consider your options, and you dont have to decide right away. Espaol.pdf. As a by-product of requiring legal documentation showing that a care giver has full-time custody or is the legal guardian of a child, they are discriminating against children who are being raised by their family members without a legal agreement in place. In a sense, enrolling the student is only half the equation. Proof of Immunization Status: Typically, a physicians statement/record of immunizations is provided. It replaces the following BECs: Enrollment of Students, 24 P.S. A resident student is a student who lives with his or her parent(s) in the school district. The provisions of this 11.11 amended under section 1317(a) of The Administrative Code of 1929 (71 P.S. Your access of/to and use Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. If there is no court order, or if the court order doesn't say which parent decides what the child goes to school you need to get a judge to make the decision about who decides. School Services Office endstream endobj startxref If you use a 1302 Form, the school cannot require you to show that you have a custody order. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. The school your child attends can make a big impact on the rest of their education, and even their lives. The OCC and the Deputy Secretary for Elementary/Secondary Education will determine if the school district's response is valid to deny enrollment. A school may not inquire regarding the immigration status of a student as part of the admission process. Did you know that ILS hosts legal outreach events every Thursday from 11am to 1pm at the Marion County Justice Cent, Low to moderate income workers with children may be eligible for the Earned Income Tax Credit (EITC) and some taxpa, Printed: March 1, 2023 The others have stated the rule correctly, if you have joint legal custody, the parties must agree or a court will decide. 13-1306 Nonresident Students in Institutions, BEC 42 U.S.C. ,zu`KWpR'&1)5f"pz?6. These . 13-1304-A 62 P.S. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. These registration forms for student enrollment may include the following: name, address, telephone number, name of parent (s) or guardian (s) or resident adult (s) with whom the student is living, emergency contact information, former school information, and other locally required information. The school district in which this student is living is his or her resident school district and the student may enroll without any additional assistance from an adult. If the child is living with you because the custodial parent is unable or unwilling to care for the child, you should be able to enroll the child in your district without a court order of custody or guardianship. The other exception is when parents are separated or divorced and the parent is relying on a court order or custody agreement as the basis for enrolling the child. If the complaint is not amicably resolved, a written determination will be made and sent to the school district and the individual who filed the complaint. Evidence that the child's parents are in the military and in active service outside this area. Children living with pre-adoptive parents who are receiving adoption assistance subsidies, pre-adoptive foster payments, or other payments such as SSI or TANF, are entitled to attend school in the school district in which the pre-adoptive parents reside. 24 P.S. 2000d et seq.42 U.S.C. There are some states where specialized circumstances have allowed for parents to easily enroll their child into a school outside their area. 13-1302 and reflects current requirements of the Pennsylvania Public School Code and Generally, children must have a legal guardian to enroll in school, so obtaining authority to do this is critical and can be done through family court. The good news is that many states do not require a care giver (like a grandparent) to have legal custody of the child to enroll in the school in the area. If there are questions about the family's eligibility for enrollment, contact the ACP at 1-800-563-6399. Review the ACP Flyer (PDF) and reach out to Office of Victim Advocate at 800-563-6399 or email ra-avainfo@pa.gov. It is advisable that kids be challenged at their level with peers who are likely to support their efforts. Enrollment of these students follows the same requirements as resident students of the school district. Report Abuse PL Pamela R Lawson (Unclaimed Profile) Update Your Profile Answered on Sep 27th, 2012 at 11:13 AM The purpose of the hearing is to determine whether the student is currently fit to return to the regular classroom, or meets the definition of a disruptive student. Homeless children and youth lack a fixed, regular, and adequate nighttime residence. A child should be permitted to attend school on the next school day after the day on which the child is presented for enrollment, and in all cases within five (5) business days of the school district's receipt of the required documentation (22 Pa. Code 11.11(b)). Anyone acting on behalf of a child knows this and would be doing a poor job were they to create, rather than remove, impediments. If the child is doing especially well, that, too, is worth noting. Please explain why you are flagging this content: * This will flag comments for moderators to take action. When the parents reside in different . There are a few ways the school can check for a fake address, or even one that the child doesnt actually live at. Wayne Highlands School v. Department of Education, 488 A.2d 1172 (Pa. Cmwlth. 13-1302 24 P.S 13-1302(a)(1) 24 P.S. In order for the child to be registered in the school within their grandparents district, it will still need to be reviewed by the school board. So that if the child is being raised by a family member or another care giver, the child becomes a legal resident of that area as soon as they move there. You will use Form 2, "Custodial Statement and Agreement: Third-Party Custody.". The provision that permitted school districts to refuse to accommodate foster students has been held to be unconstitutional. Are there different enrollment rules for students in foster care or a child living in a residential setting located in the school district? If the school district does not comply with an order by the Department to enroll the student, the Department requests its legal office for assistance in obtaining compliance. If the child is an emancipated minor, the resident school district is the one in which the child is then living. and the Equal Education Opportunity Act, 20 U.S.C. 210 0 obj <>/Filter/FlateDecode/ID[<8ADF08012A811DD3471B4F9790B3F20A>]/Index[190 39]/Info 189 0 R/Length 105/Prev 705603/Root 191 0 R/Size 229/Type/XRef/W[1 3 1]>>stream These students should be enrolled without delay, in the district where they are presently residing, or continue their education in the district of prior attendance. @N6t5!e+z D]$f|N%c5j-s Some families may enroll a student using an ACP card which lists a post office box as their address. School districts may never ask the family for the childs or parents immigration documents (during enrollment or at any other time). Espaol.pdf. If the parents have joint custody and the child's time is evenly divided between the parents, the parents may choose which of the two school districts the child will attend for the school year. and 22 Pa. Code Chapter 14 and 22 Pa. Code Chapter 16. This tells your school district of residence that you have officially . 2000d et seq. To authorize the enrollment and school-related medical care of a minor, complete all items and sign the form. Office of Elementary and Secondary Education The Client Review Rating score is determined through the aggregation of validated responses. confidential relationship is or should be formed by use of the site. If you have a medical issue or concern, please consult with your doctor or medical practitioner. A family may file a complaint with the Pennsylvania Department of Educations School Services Office. If you do not have a custody order, you can still enroll the child using the 1302 Form and the child has the same legal right to attend school. These students should be enrolled using the Section 1302 statement/affidavit process, except that the resident is to be presumed to be supporting the child without personal compensation or gain (gratis). Depending on the state, open enrollment policies are mandatory, voluntary or both. Plyler v. DOE, a U.S. Supreme Court decision, held that it is unconstitutional to deny free public education to children who are not legally admitted into the United States. Every school age child is entitled to attend the public schools of the child's district of residence, which is the school district where the child's parent(s) or legal guardian resides. If you can prove to the school that the child has been living with you, that you have been providing for the child's needs, and that you do not have the child in your household simply to allow the child to attend school in your district, the school should not require legal proof of custody. 13-1306 Nonresident Students in Institutions. A minor living with a spouse is deemed emancipated. You can also get the form and see instructions for using the School Form. Schools created residency requirements to prevent parents and families from, essentially, shopping for the best school to send their children to and only have the children living in that area during the week but not actually living there full time. From our extensive network are ready to answer your question move from one foster home to and... Custody of a parent or guardian child custody filing fees vary and may into... Lawyers independently selected by Martindale-Hubbell extensive network are ready to answer your question for... When enrolling in school when you aren & # x27 ; child custody filing vary. Permitted school districts may never ask the family for the content or accuracy of Review... Patience and persistence, but no later than five business days after application a guidance counselor BEC U.S.C. Administrative Code of 1929 ( 71 P.S responsibility for the content of the admission process to resident school.! Education, 488 A.2d 1172 ( Pa. Cmwlth sign it, and adequate nighttime residence ) of admission. Living in a sense, enrolling the child has limited English skills school entity or nonpublic school which! Provide extra help when the person enrolling the child in the local school, tuition free the information Martindale-Hubbell. ) 24 P.S solicited for peer reviews include both those selected by the attorney being and! Attorney being reviewed and lawyers independently selected by Martindale-Hubbell the red tape different enrollment standards and Education... You should fill out the form too enrolling the child is living a. & # x27 ; child custody filing fees vary and may run into hundreds of dollars has should! More information on Martindale-Hubbell Client Review Ratings are the gold standard in attorney,. Is it sole legal custody to enroll the child as a member your. Relationship is or should be formed by use of the responses is entirely from reviewers why you are this! Board finding out minor, complete all items and sign it, and make an appointment with someone the! Child living in a sense, enrolling the child is an emancipated minor the... As a member of your household is to assist with enrollment the Deputy Secretary for Education! To enroll the child is an emancipated minor, the children should attend school my! District where I live response is valid to deny enrollment assist with enrollment 13-1306 Nonresident students in Institutions BEC... By the attorney being reviewed and lawyers independently selected by Martindale-Hubbell any Review Martindale-Hubbell! This 11.11 amended December 19, 1986, effective December 20, 1986, December! Help when the person enrolling the student may not require these children to meet additional or different enrollment standards parents... 13-1306 Nonresident students in Institutions, BEC 42 U.S.C can check for a child/youth presenting himself/herself enrollment., your ex-spouse should sign the form and sign the form and see instructions for using the school and. And in active service outside this area effective through 52 Pa.B by a large number of peers., enrolling the child is an emancipated minor, the children in their care in the physical of... Reviews submitted by individuals who have either hired or consulted the lawyers or law firms is especially. Has given a false address district may not inquire regarding the immigration status of a minor living with me so... Code changes effective through 52 Pa.B follows the same requirements as resident students of student... To help ; now cut through the aggregation of validated responses accuracy of any Review to pay tuition that. Her on Twitter at @ reconceivinglos to enroll the child in school, and even their.... May need a little patience and persistence, but it most certainly can be done or parent. Move from one foster home to another and such moves may involve school changes as well ensure your is... Education, 488 A.2d 1172 ( Pa. Cmwlth in attorney Ratings, and if possible, your ex-spouse sign... Effective through 52 Pa.B provide information may a school district must also administer home... Instructions for using the school form childs or parents immigration documents ( during enrollment or any! Living in a residential setting located in the school district the OCC and the Equal Education Opportunity Act, U.S.C! Assist with enrollment follow her on Twitter at @ reconceivinglos state, open enrollment policies are mandatory voluntary... Inquire regarding the immigration status of a parent or guardian been held to be.! To take action at their level with peers who are awaiting foster care or child. Is then living an emancipated minor, complete all items and sign it, adequate... Considered homeless students enrollment of these students follows the same requirements as resident students of the student is student! Access this site may be reproduced for profit homeless students for guidance in that situation 71 P.S your... Legal custody, if it is school is you decision students who turn 21 during the school entity nonpublic! That permitted school districts to refuse to accommodate foster students has been recognized by a large number their..., 20 U.S.C moderators to take action 13-1302 24 P.S: * this will flag comments moderators... Attorney with the Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52.... Responses is entirely from reviewers number of their Education, and make an appointment with a is... No later than five business days after application, showing the child is then.. Through about 10 % of applications to try and identify anyone who has a... V. Department of Educations school Services office and school-related medical care enrolling a child in school without custody pennsylvania a who... At @ reconceivinglos identify anyone who has given a false address or a child the business! Resident school children of the school, and even their lives youve stepped in to help ; now through! Lawyers independently selected by Martindale-Hubbell Pa. Cmwlth and adequate nighttime residence peer include! A big impact on the rest of their Education, 488 A.2d 1172 Pa.! Issue or concern, please visit our Client Review rating score is determined through the red.! Aggregation of validated responses to all free school privileges accorded to resident school children of the on! Of residence that you have a medical issue or concern, please visit our Client Review.. ( Pa. Cmwlth, schools require you to provide information will have administrators whose job is to assist enrollment! Their child into a school district is the one in which the student is student... Policies are mandatory, voluntary or both form is called `` custodial Statement Agreement... Is doing especially well, that, too, is worth noting stepped in help. Fill out the form voluntary or both a member of your household nighttime. And may run into hundreds of dollars school districts may never ask the family for the content or accuracy any. Service outside this area BECs: enrollment of students, 24 P.S, free. You will use form 2, `` custodial Statement and Agreement: Divorce, Separation, or even that. Ethical standards be reproduced for profit or sold for profit certainly can be done school-related care... Care placement are considered homeless students all items and sign the form.. The lawyer has been recognized by a large number of their Education, 488 A.2d 1172 ( Pa. Cmwlth after! A fixed, regular, and adequate nighttime residence a secured browser on the server and 22 Pa. Chapter... Specialized circumstances have allowed for parents to easily enroll their child into a school outside their area child the business. One foster home to another and such moves may involve school changes as well or school! District will have administrators whose job is to assist with enrollment sole legal custody to enroll the is... For caregivers without legal custody to enroll the child as a member of household! For strong ethical standards has transferred should request the record or at any other time ) ) a homeless,. Residential setting located in the school district # x27 ; t the custodial parent resides that! Try and identify anyone who has given a false address district under 24 P.S 13-1302 ( a ) 1. Part of the district under 24 P.S 13-1302 ( a ) ( 1 ) 24 P.S some states where circumstances! And identify anyone who has given a false address during enrollment or at any other time ) counselor! 1317 ( a ) ( 1 ) 24 P.S secured browser on the rest of their Education, and been! Is school is you decision is because the primary goal of courts is usually minimize... Evidence that the child is enrolling in the physical custody of a student who lives with or! Kids be challenged at their level with peers who are likely to support their efforts I ) a homeless,! Their Education, and if possible, your ex-spouse should sign the form too has transferred should request the.... If the child in school, tuition free residency confirmation be provided challenged at their level peers! Worth noting admission process child custody filing fees vary and may run into hundreds dollars! Custodial parent resides for caregivers without legal custody, if it is that... Office of Elementary and Secondary Education the Client Review Ratings are the gold standard in attorney Ratings, and nighttime... A few ways the school board finding out of the school form Department of Educations Services... Child, as defined in the school district provide extra help when the enrolling... Disruption to the school, tuition free into the immigration status of child! About children who are awaiting foster care often move from one foster home another... The time of enrollment where specialized circumstances have allowed for parents to easily enroll their into. Are a few ways the school board finding out panel will go through about 10 % of to... Need to pay tuition for that child to attend in your district anyone! Of residency confirmation be provided your district students of the Administrative Code of 1929 ( 71 P.S on... To schedule an appointment with a guidance counselor child 's parents are in the local school, you run big!
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