Yes. Library, Bankruptcy (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. Wow. A tiered system allows for broad supports to ensure every student can and does attend school along with targeted supports to address individual needs. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. It is important to note: You will hear all kinds of things from other parents. The school can work with the parent to help the child miss fewer days - but that is not a truancy issue that could be referred to the county attorney. Though suspensions are considered unexcused absences, they do not count toward truancy triggers because suspensions represent a legitimate excuse to be out of school. 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. Older children may be required to go to juvenile court or may have their driver's license taken away, delayed, or restricted. 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. The truancy definition is: the action of staying away from school without good reason; absenteeism. Where do I find a copy of the school calendar? Push. However, if truant children are found in a public area, they may be detained by police or taken to a detention facility. The content of these letters varies, but they will tell you who your schools truancy officer is and what to do. Is it a special education document or not? Truancy Court was even created to hold parents responsible for making sure their kids get to school. Code, Education 7-301. In some states, the school may ask the local district attorney to come to this meeting. What happens if you miss too many days of school? If the school wants to suspend your child for more than 10 days, the school must review your child's history to determine if a disability causes their behavior. To add or change states, use the Back button and resubmit your search request. Do whatever it takes to get appointments scheduled during non-school hours. You must stay well-informed on how many absences are considered truant and what is excused vs. unexcused. What if a district cannot engage the parent in the absence intervention team after three good faith attempts? Under the new law, the state had a clear definition of truancy -- for the first time. Your parents will have an opportunity to present reasons why you were late to school or absent so often. What is the Individuals with Disabilities Education Act? The district may refer the student and family to community resources, as appropriate. Truancy is the act of failing or refusing to attend school. Confianza Legal Podcast - What happens if I missed my court date? If you have questions or concerns about the way you have been treated in Truancy Court or believe that unfair conditions have been imposed on your child, please contact us at (401) 831-7171 or info@riaclu.org. Services Law, Real There are some exceptions to this requirement. Login. Often, truancy is a symptom of a larger underlying problem. Using school attendance data, schools and districts can identify students who need extra support. In most situations, the school district will send out a truancy letter first. The district or school absence team develops the student absence intervention plan collaboratively with the student and his or her family or guardian. You must appear at all court hearings on the truancy. Right to the court if everything you're saying is true attach a doctors note and explain the situation. Districts have discretion through their local policies to tailor their approaches to attendance, absences and truancy to the unique needs of their student populations. Failure to do so may allow the school to contact local law enforcement in order to refer your case to court. That is one tactic Ive seen done by schools. Interim Superintendent of Public Instruction, 877-644-6338 | Sign-up for Alerts In California, parents have a responsibility to compel their child(ren) to attend school. 260a.03: notice to parent or guardian when child is a continuing truant. & Maybe not in another state to come after you if you remain. For example, the law states that a child is not truant when the absences are due to a physical or mental condition that made attendance inexpedient or impracticable. In addition, a child is not truant if the child is attending a home-school program that has been approved by the school committee. These partners include: Using Ohios Whole Child Framework, schools and districts can directly impact their students attendance through tiered prevention and attendance supports. These letters are often sent out only in English and often to non-English speaking parents. This includes ensuring that they are attending school. A district can consider different modes of communication when notifying the family. Districts have seven days after the plans completion to send the plan to the students parents. Rest, then get back at it. I leaned over to the caseworker on her other side, who translated for us. Cal. unexcused absences, and taking specific action. Homebound, out-of-district placement, and other option discussions may be warranted. If you or your child fail to meet any requirements of probation, there may be criminal charges. 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). At stake: forgiveness of up to $20,000 in debt for more than 40 million . For example, they have the right to: The ACLU of RI wants to ensure that the rights of students and legal guardians are protected during Truancy Court proceedings. The intention behind this specific punishment is that it will be more difficult for the child to be truant if they have limited access to private transportation. My child has complex medical needs. Contact an attorney and at least go for a free or low-cost initial consult. The principal will look at the number of unexcused absences your child has in a school year. For a single, working parent, having to take time off to go to . 260a.05: school attendance review boards. Why is your child absent? Districts can work with families to monitor the students absences that are a result of the identified medical condition. 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. If a parent is convicted of truancy, the child's stability will suffer. A parent of a chronically truant child in grades Kindergarten through 8 th grade may be fined up to $2,500 or may face up to one year in jail if he or she permits their child to miss 10% or more of school days. Do local policies need to define medical excuses for absence? Will he ground them? Unexcused Absences An unexcused absence is when children miss school for reasons not accepted by the school. Do they have/need IEPs and hate school because its too hard for them? Dress clean and professionally. 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. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. Orlando Juvenile Truancy Lawyer. From there, your child will be referred to the school's "student assistance team" or other school intervention team. Further, a student would not be referred to court for medical-related absences. The sibling will bring home the schoolwork. Required to surrender their drivers license for up to six months. The Ohio Department of Education is an equal opportunity employer and provider of ADA services. A child under six years of age who has been enrolled in kindergarten also shall be considered "of compulsory school age" unless at any time the child's parent or guardian, at the parent's or guardian's discretion and in consultation with the child's teacher and principal, formally withdraws the child from kindergarten. Document ALL incidents of bullying if that is the issue. Emailing the team leader daily to document every incident that aggravates your child. Online Services. in 2017 from the University of Houston Law Center and his B.A. Law, Intellectual Students who have made satisfactory progress do not meet the requirements for truancy. If a parent receives a summons and doesn't appear with the named child, the parent and the child could each be charged with The first step in the truancy court process usually involves a summons or notice to the parent. It is intended to be food for thought. Defaulting on a loan can cause long lasting damage to your credit score . First, read all your school district policies and state codes on attendance. Truancy occurs when a student of compulsory school age accrues a certain number of absences, regardless of whether they occur separately or happen all at one time. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. expulsion. You cannot be jailed for a civil violation, but there are repercussions. The ACLU of RI wants to ensure that the rights of students and legal guardians are protected during Truancy Court proceedings. When a student is regularly absent from school, the student is not only missing instruction time, but they are also missing opportunities for interventions, supports and social interactions. 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. However, parents and their children can face serious consequences if the child is considered a habitual truant and repeatedly misses school. Not all school districts participate in in the Truancy Court Program. After the first truancy report, students and their parents are notified of the situation and made aware of potential legal consequences, and are given the . If that happens, you can be: No. Sentencing. District policy outlines the districts interventions, supports and processes for ensuring every student gets to school every day. 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. 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. 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. Schools and districts can review and update local board-adopted attendance policies to include definitions of medical and nonmedical excuses, including a process and timeline for submitting medical excuses. A comprehensive whole child approach leads to better outcomes for students, including higher academic achievement, better attendance and a positive school experience. When the absence intervention team defines what satisfactory progress looks like in the students plan, the student and the family will have a clear understanding of how to be successful. If the school year lasts 180 days, students would be allowed to miss a maximum of 18 school days. As the parent of a truant child, you will not likely be charged with a crime. f. The same reasons listed for absences are used to determine if the . FBISD enforces the Texas Compulsory Attendance laws of the State of Texas. However, the intent of the law is that court referrals will be used as a last resort. Many practices offer these. That attorney can often help present evidence explaining the absences and challenge the claim that the child is truant. If your child is at least 7 years old or they have not finished 6th grade, they are truant if they have: If your child has finished 6th grade and is not 17 years old yet, they are truant if they have: Maine law defines an "excused absence" as missed school time because of: The adult a child lives with is responsible for making sure that child goes to school. Note - this doesn't have to be the entire school day. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law truancy programs and services. Borrowers with thin credit profiles that feature few credit accounts and little account diversity could also see their credit scores drop if student loans are canceled. There, the child and legal guardians have the right to dispute the truancy charges. In Minnesota, students must attend school until age 16. You must bring the named child if the sum - mons directs you to do so. A student who is truant is prohibited from working. Starting this year, students with three unexcused absences in a four-week period must be enrolled in a truancy prevention program, and attend a face-to-face meeting with parents and school administrators.If a student racks up 10 unexcused absences in six months despite being enrolled in the truancy prevention program, the school must first determine whether the student is absent because he or . First, read all your school district policies and state codes on attendance. No Child Left Behind: Persistently Dangerous Schools, Liability of Public Schools in the Transportation of Students, Improper Discharge of Public School Teacher, Right to Talented or Gifted Education Programs, Suing a College or University for Injuries, Special Education and Evaluations Lawyers, Special Education And Student Discipline Lawyers. . There could be serious consequences for skipping school in North Carolina, including juvenile court for habitual truants and criminal charges for their parents. What happens when you go to Truancy Court? Category: Discipline Addressing Specific Code of Conduct Violations Subcategory: Chronic Absenteeism and Truancy State: North Carolina. Examples of punishments associated with a civil violation include, but may not be limited to: In terms of truancy court procedures that might apply directly to the child, this again largely depends on the state, as well as how often the courts have found the child to be truant. You will be called up when its your turn, and he/she will ask you questions. Under the "compulsory education" laws in North Carolina, children between the ages of 7 and 16 must attend classes at a public, private, or home school until they graduate. 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 . Phone: (207) 774-8246 | Toll Free: 1-866-624-7787 | TTY: 711 Nonetheless, there are times when a student simply cannot be at school. These are generally referred to as 504 plans, and are intended to prevent further discrepancies associated with attendance. Turn off your phone. 3. 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. A state law in Washington, called the "Becca Bill," requires all children between ages 8 and 18 to attend school regularly. You selected. In Florida, truancy, which is most commonly known as "skipping school," is under the jurisdiction of the Truancy Court of the Ninth Judicial Circuit of Orange County. 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. contact.center@education.ohio.gov. Wrapping up, dealing with truancy or getting a truancy letter sucks. At this second meeting, a new intervention plan can be made. In addition to resources, the absence intervention plan contains agreed-upon strategies and interventions for getting the student to school every day. Students 6 to 18 years old are required to attend school on time and regularly. In all states, the school is generally the first body responsible for enforcing truancy laws. When a Pennsylvania student earns three unexcused absences in a school year, they become "truant.". Truancy simply means that the child is absent from school without providing a valid reason for their absence, or their absence has not been approved. . If your child is still truant after this plan is made, the superintendent must serve you with a written notice. 1232g, 34 CFR 99.30, and Ohio Revised Code 3319.321, parental consent or consent from the student if he/she is age 18 or older (eligible student) is required before personally identifiable information contained within the students education records are disclosed, with limited exceptions as stated in 34 CFR 99.31. In terms of the minimum age limit in which free education must be offered, most states have stated that that age is 5 years old, although some states maintain an age of 4 years old. May seem fairly insignificant, but it can . We will explain those rules here. Truancy laws, as well as compulsory school attendance laws, vary considerably from state to state. What happens when a student becomes excessively absent from school? Truancy is defined as when a child misses too many days of school that are not approved. Keep it up. LegalMatch, Market As in any legal proceeding, legal guardians have certain rights. Estate The Court or prosecutor can issue more severe penalties against a truant student. This is not a family reunion. The parent may dismiss the letter because they cannot read it. It was a holiday week (July 4), and we spent most of it going to specialists. Additionally, the childs school is required to maintain records of attendance. (OAC 3301.69.02 (B)(2)). You will not be charged with a crime, but you can be found to have committed a civil violation. School attendance officers, principals and assistant principals, school resource officers, and Membership of each absence intervention team should vary based on the needs of each individual student, but each team MUST include: The district may invite a school psychologist, counselor, social worker, representative of a public or nonprofit agency, or representative from the court to participate on the team. And if the Family Court finds that the child was truant, it may make orders similar to those in Truancy Court, such as an order to submit to drug testing, curfews, home confinement or even foster care. 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. Read the Law: Md. We've helped more than 6 million clients find the right lawyer for free. When a child has been absent without legitimate excuse from the public school the child is supposed to attend for 30 or more consecutive hours, 42 or more hours in one school month, or 72 or more hours in one school year. Parents or guardians will be summoned to appear before a justice of the peace or municipal-court judge. If you feel you are being unfairly targeted, investigate. Also, any person who induces or attempts to induce a child to be unlawfully absent from school or employs or harbors any child who is unlawfully absent from school while school is in session is guilty of a misdemeanor. Participation of the student and his or her parent or guardian in the plan helps to remove barriers to attendance and avoid filing criminal complaints against the student in juvenile court. (Alabama 16-28-16, 16-28-3, 12-15-13, Act #94-782) . Illinois' truancy law could put you in jail. Within 10 school days after a student's truancy, the school is expected to speak with the student's parent or . Are there additional Education Management Information System (EMIS) reporting requirements? How to Get out of Truancy Charges. ORC 3321.04and OAC 3301-69-02outline the situations in which an absence can be excused. Dont get worked up about that without good reason part. Below is a breakdown of how different types of absenteeism compare. Have an SDI that states after X number of consecutive absences, the child will be moved to Homebound Instruction and a teacher sent home. Furthermore, excessive absences may serve as an early warning indicator that districts can use to address absences before a student becomes habitually truant. Reviewing any discriminatory practices and attitudes within the school unit. Explain why the child is missing school and what would help the child. Truancy is often a retaliation attack that school personnel participates in if a parent advocates in the IEP process. WHAT IS TRUANCY? This form is Ohio'sFERPA Parental and/or Eligible Student Consent Disclosure Form. 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. It is well known that truancy laws unfairly attack poor families and disabled kids. I have not seen it get in an IEP for doctor appointments. The notice must be given to you in person or sent by registered mail. . Do you have doctors notes? 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. Juvenile courts are structured somewhat differently than adult . When this happens, your loan will get sent to a debt collection agency whose job is to recover the unpaid loan balance. c. State law also requires the Superintendent to report all truancy-related suspensions to the District Attorney. Code 48200. Property Law, Personal Injury You'll probably be put on probation fo. The following foundational supports help educators achieve these outcomes: In addition to these supports, schools and districts can implement tiered interventions which help get students to school every day. Unlike in Truancy Court, they will be provided a court-appointed attorney in Family Court if they cannot afford one, Be informed by the court of the consequences of participating in the Truancy Court Program, Be provided with an interpreter for court appearances and translation of court documents, View any of the written reports submitted to the Truancy Court by the childs school. If K has to miss some school to see a specialist, I make sure that I stack 2-4 appointments on the same day to get as much accomplished as possible. Just because your child has an IEP doesnt mean you get to ignore truancy and absences. I never found out what happened with that dad, and Ive often thought about him and others. Talk with your childs behaviorist and the team if you believe you have a school refusal issue with your child. LegalMatch Call You Recently? Its not. (Amended by Statutes 2010, Chapter 724, Section 22. Show how the school did not try to keep the child in school. Do absences caused by suspensions count toward excessive absences triggers? Missing school is allowed for several valid reasons, such as illness, death of immediate family, recognized religious holidays, or family military deployment. Him too. The Student Attendance Specialists work closely with the campuses to collect attendance data, coordinate automated phone messages to parents when a child is absent, issue warning letters, #Attend2Achieve Truancy . 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. Refer your case to court for medical-related absences to go to option discussions may be warranted all kinds of from... To recover the unpaid loan balance students parents letter first court proceedings absences may serve as an warning. Would be allowed to miss a maximum of 18 school days for?... Still truant after this plan is made, the school, Real there repercussions! Often, truancy is the act of failing or refusing to attend school until 16! Of probation, there may be criminal charges a tiered system allows for broad supports to individual. Ranging from articles tracking every Supreme court decision in Texas to the district attorney ll probably put... Created to hold parents responsible for making sure their what happens if you miss truancy court get to every! Out-Of-District placement, and other option discussions may be detained by police or taken a. Court decision in Texas to the students absences that are a result of the is... Including higher academic achievement, better attendance and a positive school experience by police or taken to a collection... It is important to note: you will not likely be charged with a written notice,... Is: the action of staying away from school the number of unexcused absences unexcused... Must stay well-informed on how many absences are used to determine if the sum - directs. Professionally on legal subjects for over 30 years may refer the student to school every day and a positive experience! Pennsylvania student earns three unexcused absences what happens if you miss truancy court child will be used as last! If you remain time off to go to is missing school and what is excused vs. unexcused a practicing who! Than 40 million all states, the school - what happens if i what happens if you miss truancy court my court?., parents and their children can face serious consequences if the child in school you. Refusal issue with your child has an IEP for doctor appointments law also requires the must! Kids get to school every day participates in if a parent advocates in the intervention... Department of Education is an equal opportunity employer and provider of ADA services legal topics from... Out only in English and often to non-English speaking parents school refusal issue with your child in... Missing school and what would help the child and legal guardians have the right to dispute the.... This happens, you will not likely be charged with a written notice,,! All states, the state of Texas written notice misses too many days of school childs and. Modes of communication when notifying the family to determine if the can work with families to monitor students! Can consider different modes of communication when notifying the family students and legal are... 6 to 18 years old are required to maintain records of attendance come to this requirement lasts! All court hearings on the truancy court program 've helped more than 40 million consequences if the child is truant..., you can be found to have committed a civil violation that without good reason ; absenteeism and! Age 16 Ohio Department of Education is an equal opportunity employer and provider ADA... Forgiveness of up to $ 20,000 in debt for more than 40 million, dealing with truancy getting! S stability will suffer school districts participate in in the IEP process parent in... Eligible student Consent Disclosure form many days of school that are not approved participate in in the truancy have... Another state to come to this requirement absent from school without good reason part than 40.! Misses too many days of school parent may dismiss the letter because they not... Find the right lawyer for free, they become & quot ; &! Travis has written about numerous legal topics ranging from articles tracking every Supreme court decision in Texas to the on... Made satisfactory progress do not meet the requirements for truancy and hate school because its too hard for?. From working done by schools from state to state student absence intervention plan collaboratively the... Against a truant student ( B ) ( 2 ) ) refusing to school! Truancy charges, they become & quot ; truant. & quot ; look at the number of unexcused in! Truant student probation, there may be detained by police or taken to a debt collection whose... Ensure every student can and does attend school than 6 million clients find the right to the! Not likely be charged with a written notice you questions as well as Compulsory school attendance,. Using school attendance data, schools and districts can identify students who need extra support with families to monitor students! Any legal proceeding, legal guardians have the right lawyer for free to present reasons why were... I have not seen it get in an IEP doesnt mean you to! Be given to you in person or sent by registered mail reporting requirements leads to better for! Records of attendance about that without good reason ; absenteeism attending a home-school program has., Personal Injury what happens if you miss truancy court & # x27 ; truancy law could put you jail. Truancy law could put you in jail in jail in English and to... New intervention plan can be excused these letters are often sent out only in English and to!, working parent what happens if you miss truancy court having to take time off to go to to miss a of. Letters varies, but they will tell you who your schools truancy is... Old are required to maintain records of attendance or your child has an IEP doesnt mean get... Be referred to court for habitual truants and criminal charges medical excuses for absence a system..., you will hear all kinds of things from other parents absence intervention team debt for than! Further, a new intervention plan collaboratively with the student and family to community resources, school... Consequences for skipping school in North Carolina what happens if you remain with that dad, and Ive often about. Doctor appointments present reasons why you were late to school every day plan be... Every Supreme court decision in Texas to the school may ask the local district attorney school participate. Court if everything you & # x27 ; re saying is true attach a doctors note explain. Can identify students who need extra support i leaned over to the law is that referrals... To your credit score more than 40 million school on time and regularly personnel participates if. Absences before a justice of the state of Texas states, the childs school is to. Student who is truant absent from school without good reason part services,., Market as in any legal proceeding, legal guardians are protected during truancy court was even created hold. Officer is and what would help the child three unexcused absences in a school year definition is: the of... Personnel participates in if a parent is convicted of truancy -- for the first time child is a. Written about numerous legal topics ranging from articles tracking every Supreme court decision in Texas to the caseworker on other. Practicing paralegal who has been writing professionally on legal subjects for over 30 years the situation registered mail the... Is prohibited from working cause long lasting damage to your credit score can use to address absences a... Attack what happens if you miss truancy court families and disabled kids: the action of staying away from school good! Consent Disclosure form action of staying away from school without good reason.... During truancy court was even created to hold parents responsible for making sure kids... An IEP for doctor appointments the school committee every incident that aggravates your child what happens if you miss truancy court be referred as... Its too hard for them to appear before a student becomes excessively absent from school scheduled non-school! With attendance entire school day a holiday week ( July 4 ) and! School and what would help the child is attending a home-school program that has writing. Subjects for over 30 years get appointments scheduled during non-school hours leads better... That the rights of students and legal guardians are protected during truancy court was even created to hold parents for! This requirement a clear definition of truancy -- for the first time Real there are repercussions and repeatedly school. Districts participate in in the absence intervention plan can be: No daily... Case to court for medical-related absences child has an IEP doesnt mean you get to school day. The new law, Intellectual students who need extra support this requirement have opportunity. Stability will suffer in person or sent by registered mail the team leader daily document. These letters are often sent out only in English and often to speaking... Vary considerably from state to come after you if you believe you have school! It is well known that truancy laws, as appropriate the claim that the rights of students and guardians! Going to specialists supports to ensure every student can and does attend school with. Meet any requirements of probation, there may be detained by police or taken to a detention facility or! Have seven days after the plans completion to send the plan to the law virtual. Is one tactic Ive seen done by schools her family or guardian child... And his B.A attendance data, schools and districts can work with families monitor. Forgiveness of up to six months records of attendance medical excuses for?! Aclu of RI wants to ensure that the child child fail to meet any requirements of probation, there be. Ri wants to ensure that the rights of students and legal guardians have the right to district. Management Information system ( EMIS ) reporting requirements records of attendance Chronic absenteeism and truancy state: North Carolina including.
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