Office of Special Education and Rehabilitative Services; Postsecondary Education Programs for Individuals With Disabilities

Federal RegisterJul 1, 1996

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SUMMARY: The Secretary announces a final funding priority for four

Regional Centers on Postsecondary Education for Individuals who are

Deaf, a program administered by the Office of Special Education and

Rehabilitative Services (OSERS) under the Individuals with Disabilities

Education Act. The Secretary may use this priority in Fiscal Year 1996

and subsequent years. The Secretary takes this action to focus Federal

assistance on identified needs to improve educational opportunities and

outcomes for postsecondary students who are deaf and hard of hearing.

The final funding priority is intended to ensure wide and effective use

of program funds. The Secretary also announces selection criteria that

will be applied in evaluating applications submitted for this

competition.

EFFECTIVE DATE: This priority takes effect on July 31, 1996.

FOR FURTHER INFORMATION CONTACT: Ramon Rodriguez, U.S. Department of

Education, 600 Independence Avenue, SW., Switzer Building, Room 3125,

Washington, DC 20202-2524. Telephone: (202) 205-8555. Fax: (202) 205-

9252. Individuals who use a telecommunications device for the deaf

(TDD) may call the TDD number at (202) 205-9156. Internet:

Ramon__R[email protected]

SUPPLEMENTARY INFORMATION: This notice contains information on the

Regional Centers on Postsecondary Education for Individuals who are

Deaf, authorized under section 625 of the Individuals with Disabilities

Education Act, the Postsecondary Education Program for Individuals with

Disabilities. The purpose of this program is to provide assistance for

the development, operation, and dissemination of specially designed

model programs of postsecondary, academic, vocational, technical,

continuing, or adult education for individuals with disabilities.

This final funding priority supports the National Education Goal of

every adult American being literate and possessing the knowledge and

skills necessary to compete in a global economy by helping students who

are deaf and hard of hearing to reach higher levels of academic

achievement.

Funding of particular projects depends on the availability of

funds, the content of the final funding priority, and the quality of

the applications received. Further, the activities of the projects

funded under this priority could be affected by the enactment of

legislation reauthorizing the program. The publication of the final

funding priority does not preclude the Secretary from proposing

additional priorities, nor does it limit the Secretary to funding only

this priority, subject to meeting applicable rulemaking requirements.

Note: This notice of final funding priority does not solicit

applications. A notice inviting applications under this competition

is published in a separate notice in this issue of the Federal

Register.

Analysis of Comments and Changes

On March 18, 1996, the Secretary published a notice of proposed

priority for this program in the Federal Register (61 FR 11086).

It was brought to our attention during the comment period that it

is necessary to clarify what population is to be served by the regional

centers. These centers have traditionally served individuals who are

deaf and hard of hearing. This priority is not intended to change the

population being served by the centers. The Secretary has therefore

added references to individuals who are hard of hearing throughout the

priority.

In response to the Secretary's invitation in the notice of proposed

priority, 28 comments were received. All 28 commenters expressed

interest in the Department holding a competition under the proposed

priority. Eleven of the commenters suggested changes in the activities

the regional centers must complete. An analysis of the comments and of

the changes in the proposed priority follows. Technical and other minor

changes--as well as suggested changes the Secretary is not legally

authorized to make under the applicable statutory authority--are not

addressed.

Comment: Eight commenters recommended that the Secretary fund

direct student support services programs such as interpreting and

notetaking at current levels.

Discussion: Although funding of direct student support services

such as interpreting and notetaking was allowed through this program in

the past, the Secretary believes that the limited funds available to

support four regional centers are more effectively used for the

activities described in the priority, including assisting institutions

of higher education that are currently not serving students who are

deaf and hard of hearing. Each of the currently funded regional centers

has developed a model of providing support services to students who are

deaf and hard of hearing, and provided limited technical assistance and

outreach services to other postsecondary institutions. The Secretary

believes a technical assistance model will most efficiently use scarce

resources and is the most effective strategy to ultimately increase

postsecondary educational opportunities for students who are deaf and

hard of hearing. Further, under Section 504 of the Rehabilitation Act

of 1973, as amended, and the Americans with Disabilities Act (ADA),

institutions of higher education have the responsibility to provide

these direct services. Under paragraph (e) of the priority, each center

is required to disseminate information about these responsibilities and

financial and other resources available for such purposes.

Changes: None.

Comment: Nineteen commenters recommended that the Secretary

continue funding the current regional centers located at St. Paul

Technical College, Seattle Community College, California State

University at Northridge and the University of Tennessee at Knoxville.

Discussion: The Secretary does not have authority to non-

competitively continue the current grantees. Section 625(a)(6) of the

Individuals with Disabilities Education Act required the Secretary to

continue to provide assistance to the current grantees operating the

four regional centers for the deaf through September 30, 1995. Because

current law does not provide authority for continuation of the current

grantees, the Secretary must conduct a competition for fiscal year 1996

funds for this activity.

Change: None.

Comment: Three commenters suggested that the priority address the

need to recruit or train interpreters, stenographers and other service

specialists to provide services at a reasonable cost. In addition, an

effort should be made to standardize training and develop compensation

policies for interpreters and other support services personnel.

Discussion: The Secretary is aware of the need to train more

interpreters and other service providers. The Office of Special

Education Programs, Division of Personnel Preparation, and the

Rehabilitation Services Administration have specific authorities to

train both educational and general-service interpreters and are

currently funding 28 projects for this purpose. It is anticipated that

through technical assistance and outreach, the regional centers will be

able to assist these

[[Page 34319]]

institutions in locating resources and to provide leadership to address

support service issues.

Changes: None.

Comment: Twelve commenters strongly stressed that the needs

assessment to be performed by each regional center should also address

the technical assistance needs of postsecondary institutions related to

retaining and instructing students who are deaf and hard of hearing.

Discussion: The Secretary agrees with the commenters that the

centers must identify the needs of institutions related to retaining

and instructing deaf and hard of hearing students in order to provide

assistance to postsecondary education institutions in developing

strategies that will result in more deaf and hard of hearing students

completing their programs.

Changes: The issue of retaining and instructing deaf and hard of

hearing students has been added to the list of areas in paragraph (a)

of the priority that must be addressed in the technical needs

assessment to be performed by each regional center.

Comment: One commenter recommended that the Secretary add ``and

accommodation'' to paragraph (b). The commenter states that the

Secretary should distinguish between ``access'' and ``accommodation.''

If this is not stressed, he suspects that many applications will focus

on recruitment and admission variables, and give inadequate attention

to factors which sustain the student throughout his or her

postsecondary educational experiences. The commenter indicated also

that the ability of applicants to articulate what ``accommodation''

means will help distinguish between strong and weak applications.

Discussion: The Secretary agrees with the commenter that adding

``and accommodation of individuals who are deaf and hard of hearing

throughout their postsecondary educational experiences,'' to paragraph

(b) will clarify the distinction between ``access'' and

``accommodation.'' Furthermore, it will ensure that the regional

centers will not only provide postsecondary institutions with

consultation and technical assistance related to special needs such as

interpreters, notetakers, assistive devices and other essential aids,

but continue providing accommodation support throughout the students'

postsecondary educational programs.

Change: The phrase ``and accommodation of individuals who are deaf

and hard of hearing, including traditionally underserved populations

who are deaf and hard of hearing, throughout their postsecondary

educational experiences'' has been added to paragraph (b).

Comment: One commenter asked the Secretary to clarify what is meant

by ``develop training materials'' in paragraph (f) and expressed

concern that resources could be drained unless the regional centers

collaborate on what materials should be developed and cooperate in

their dissemination. Five commenters recommended that the Secretary

require the centers to plan for national networking, coordination and

collaboration to expand and share resources. These commenters expressed

concern that the centers will duplicate many activities and that the

centers should coordinate activities.

Discussion: The Secretary agrees with the commenters that

clarification is needed regarding paragraph (f) and the phrase

``develop training materials.'' It is the intent of the Secretary to

have the regional centers make available, through development or

acquisition, awareness-training materials for administration, faculty,

and staff of postsecondary education institutions. It is anticipated

that the regional centers will cooperate and collaborate in developing

materials, standards, and other criteria that are needed. The regional

centers are expected to collaborate in developing and conducting all

major activities, such as the content of needs assessment and other

instruments to be used, information about postsecondary education

programs, administration/faculty/staff orientation materials used in

serving students who are deaf and hard of hearing, training materials,

evaluation criteria and instruments and other similar materials.

Change: Paragraph (f) is changed by deleting ``develop training

materials'' and inserting: ``Make available through development and

acquisition, awareness-training materials for administrators, faculty

and staff * * *.'' In order to ensure coordination and collaboration

among the regions, paragraph (j) has been changed to: ``Coordinate and

collaborate on the development and establishment of needs-assessment

activities, material development, technical assistance, outreach,

information dissemination, and evaluation of the regional center's

activities for the purpose of avoiding overlap and duplication of

efforts * * *.''

Comment: One commenter recommended that three regional centers and

a national center be funded. Another commenter suggested that the

Secretary fund six regional centers. Two commenters recommended five

centers, two to be located in the southwest. They also suggested that a

national research and evaluation component be added.

Discussion: The Secretary is aware that the centers will need to

form a network for intra/inter-regional cooperation. As noted in

paragraphs (d) and (j) of the priority, the centers must undertake such

efforts. The centers are also required to carry out evaluation

activities, as described in paragraph (i). Finally, the Secretary

believes that four regional centers, rather than three or six as

suggested, represents the best combination of effort and national

scope.

Changes: None.

Comments: One commenter recommended that the northeast region could

be served by the two national institutions, Gallaudet University and

the National Technical Institute for the Deaf at the Rochester

Institute of Technology and, instead, the Secretary should create an

additional region in the west. Four commenters recommended that the

States in the four proposed regions be realigned. They indicated that

the southern region accounted for approximately 33 percent of the

Nation's population.

Discussion: The Secretary believes that the proposed regions

represent a fair and reasonable geographical distribution. However, he

agrees that each application must be assessed for the evidence of need

in the target area and scope of work proposed by the project. The

application notice, published elsewhere in this issue of the Federal

Register, specifies a range of award amounts to allow the Secretary to

take these factors into consideration in making awards.

Changes: None.

Comment: One commenter recommended that the priority stress

cooperation with participating postsecondary educational institutions

within each region in order to develop consistent outreach strategies

and disseminate information to individuals who are deaf and hard of

hearing to enhance their awareness of available postsecondary

educational opportunities both within and outside the region.

Discussion: The Secretary agrees with the commenter on the need for

coordination and collaboration of major center activities within each

region and the need to develop consistent outreach strategies and

disseminate information to individuals who are deaf and hard of hearing

to enhance their awareness of available postsecondary educational

opportunities both within and outside the region.

Change: Language has been added to paragraph (d) to ensure

cooperation

[[Page 34320]]

with participating postsecondary educational institutions within the

region in developing outreach strategies and disseminating information

to individuals who are deaf and hard of hearing to enhance their

awareness of available postsecondary educational opportunities, both

within and outside the region.

Comment: Two commenters recommended that the Secretary require the

centers to provide technical assistance and transitional outreach

services to secondary schools serving students who are deaf and hard of

hearing, and linkages with other programs. One of the commenters

indicated that there is no mention of a job-placement component to

ensure linkages to employment opportunities. The commenter added that

emphasis should be placed on these activities because, at the present

time, there are few programs that offer strong job-placement activities

for individuals graduating from postsecondary institutions.

Discussion: In paragraph (g), the Secretary directs the centers to

``address the educational, remedial, support service, transitional,

independent living, and employment needs of individuals who are deaf

and hard of hearing.'' While the Secretary is aware of the need for

comprehensive transitional services for students who are deaf and hard

of hearing in secondary schools, scarce resources limit the level of

regional centers' interaction with these schools to providing

information about postsecondary educational opportunities. In order to

ensure linkages to employment opportunities, the Secretary anticipates

that the regional centers will coordinate their programs and activities

with vocational rehabilitation and independent living agencies.

Change: None.

Comment: Two commenters recommended that the Secretary direct the

centers to provide technical assistance to postsecondary education

institutions in implementing strategies that will enhance the

integration of students who are deaf and hard of hearing with other

students.

Discussion: The Secretary expects the regional centers to provide

training materials and disseminate information about proven models,

components of models, and other exemplary practices that enhance the

integration of students who are deaf and hard of hearing with other

students. The Secretary believes that this issue is adequately

addressed in paragraph (f).

Change: None.

Comments: Three commenters recommended the utilization of distance

learning and other technologies in order to provide consultation and

support services to a variety of postsecondary institutions regarding

technical accommodations and model service programs.

Discussion: The Secretary anticipates that applicants will

recommend creative and innovative ways that postsecondary institutions

can provide services to students who are deaf and hard of hearing.

Distance learning technology would be one appropriate method. However,

the Secretary does not believe that it is appropriate to suggest or

limit the potential methods for meeting the needs of students who are

deaf and hard of hearing.

Changes: None.

Comments: Nine commenters indicated that for a support services

program to be efficient and cost beneficial, a ``critical mass'' or

significant number of deaf and hard of hearing students is required.

Discussion: The Department's survey, Deaf and Hard of Hearing

Students in Postsecondary Education, by the National Center for

Education Statistics through its postsecondary education quick

information system (PEQIS), indicated that 1,850 institutions were

providing services to varying numbers of deaf and hard of hearing

students. The Secretary believes that many of these institutions,

including those who do not have a significant number of deaf and hard

of hearing students, need assistance. The type of assistance needed

will depend on the type and size of the program and needs of the

students enrolled. The centers will be able to provide technical

assistance and outreach services to many institutions that wish to

develop or improve service delivery.

Changes: None.

Comment: Three commenters recommended that the centers emphasize

services to individuals from traditionally underserved populations.

These individuals are late-deafened, deaf-blind, have multiple

disabilities, or are from minority populations, including language

minorities, who typically do not have services or resources readily

available to them.

Discussion: The Secretary believes that the technical assistance

needs assessments to be performed by each center will identify the

technical assistance needs of the institutions of higher education,

including how to serve deaf and hard of hearing populations that may be

underserved. These identified needs will generate the necessary

technical assistance services. However, the Secretary agrees that it is

important to emphasize that technical assistance to enhance the access

and accommodation of individuals who are deaf and hard of hearing to

postsecondary education and training must include individuals from

traditionally underserved populations.

Changes: In order to address the needs of individuals from

traditionally underserved populations, ``including those from language

minorities'' has been added to paragraph (a), and ``including

traditionally underserved populations who are deaf and hard of

hearing'' has been added to paragraph (b).

Comment: One commenter recommended that the Secretary include a

provision to involve families of students who are deaf and hard of

hearing, and students themselves, and to include parent training and

information centers and the National Parent Network on Disabilities

among the organizations listed in paragraph (h).

Discussion: The majority of students who are deaf and hard of

hearing have reached the age of maturity as they prepare to attend

postsecondary education programs. Therefore, they are the primary

targets of this assistance. The Secretary anticipates that information

about postsecondary education opportunities provided to students who

are deaf and hard of hearing and their teachers and counselors in

secondary programs through informational materials and orientation as

indicated in paragraphs (d), (e), and (g) also will be shared with

parents and families. Further, information for parents and families

will be available through the clearinghouses and organizations listed

in paragraph (h).

Change: None.

Priority

Under 34 CFR 75.105(c)(3) the Secretary gives an absolute

preference to applications that meet this priority. The Secretary will

fund under this competition only applications that meet the priority.

Absolute Priority--Regional Centers on Postsecondary Education for

Individuals who are Deaf.

Purpose

The purpose of this priority is to support projects that assist

educational institutions to implement proven models, components of

models, and other exemplary practices, including innovative technology,

to increase and

[[Page 34321]]

improve postsecondary educational opportunities for individuals who are

deaf and hard of hearing.

Background

This priority would support four regional centers on postsecondary

education for individuals who are deaf and hard of hearing. Each center

will provide technical assistance to a range of postsecondary

institutions, including academic, vocational, technical, continuing,

and adult education programs, to expand the array of educational

opportunities within the region that are available to students who are

deaf and hard of hearing. The centers must provide technical assistance

to institutions currently not serving students who are deaf and hard of

hearing to assist them to develop services. The centers must also

provide technical assistance to institutions currently serving students

who are deaf and hard of hearing to assist them to improve existing

programs. In carrying out the objectives of this priority, projects

must distribute technical assistance services and resources equitably,

taking into account population and geographic size, within each State

in its targeted geographic region.

Each regional center must:

(a) Conduct assessments of the technical assistance needs of

postsecondary education institutions related to recruiting; enrolling;

retaining; instructing; addressing the varying communication needs and

methods used by individuals who are deaf and hard of hearing, including

those from language minorities; and, otherwise effectively serving

students who are deaf and hard of hearing;

(b) Provide consultation, in-service training, and planning and

development assistance to postsecondary education institutions and

their staff to enhance the access and accommodation of individuals who

are deaf and hard of hearing, including traditionally underserved

populations who are deaf and hard of hearing, throughout their

postsecondary educational experiences, to postsecondary education and

training;

(c) Provide technical assistance on the responsibilities of

postsecondary education institutions under Federal statutes, including

Section 504 of the Rehabilitation Act of 1973, as amended, and the

Americans with Disabilities Act;

(d) Cooperate with participating postsecondary educational

institutions within the region in developing outreach strategies and

disseminating information to individuals who are deaf and hard of

hearing to enhance their awareness of available postsecondary

educational opportunities, both within and outside the regions;

(e) Disseminate information about financial and other resources

available to students who are deaf and hard of hearing and to

postsecondary institutions to help them accommodate these students;

(f) Make available, through development and acquisition, awareness-

training materials for administrators, faculty and staff, and

disseminate information on proven models, components of models, and

other exemplary practices, including innovative technology, among

postsecondary educational programs to assist them in implementing

effective and cost-efficient service-delivery systems that foster

integration of students who are deaf and hard of hearing with other

students;

(g) Encourage the use of consortia of postsecondary education

institutions and other cooperative arrangements to provide services and

assistance to students who are deaf and hard of hearing, including

coordination of postsecondary education options with existing public

and private community services that may address the educational,

remedial, support service, transitional, independent living, and

employment needs of individuals who are deaf and hard of hearing;

(h) Coordinate technical assistance and dissemination activities

with relevant information clearinghouses and organizations such as the

National Clearinghouse on Postsecondary Education for Individuals with

Disabilities (HEATH), National Information Center for Children and

Youth with Disabilities, National Transition Alliance, and Association

of Higher Education and Disability;

(i) Evaluate the impact, effectiveness, and results of

postsecondary institutions within the region in accommodating students

who are deaf and hard of hearing; and

(j) Coordinate and collaborate on the development and establishment

of needs-assessment activities, material development, technical

assistance, outreach, information dissemination, and evaluation of the

regional centers' activities for the purpose of avoiding overlap and

duplication of efforts; ensuring that individuals who are deaf and hard

of hearing have information on postsecondary programs throughout the

country that provide accommodations; and ensuring that information on

proven models, components of models, and other exemplary practices,

including innovative technology, are equally available in each of the

four regions. This coordination must include carrying out collaborative

activities and cross-regional initiatives, where appropriate.

The Secretary anticipates funding four cooperative agreements, each

for a project period of up to 60 months, subject to the requirements of

34 CFR 75.253(a), for continuation awards. In determining whether to

continue a center for the fourth and fifth years of the project period,

in addition to applying the requirements of 34 CFR 75.253(a), the

Secretary will consider the recommendations of a review team consisting

of three experts selected by the Secretary. The services of the review

team, including a two-day visit to the center, are to be performed

during the last half of the center's second year and must be included

in that year's evaluation required under 34 CFR 75.590. Funds to cover

the costs of the review team must be included in the center's budget

for year two. These costs are estimated to be approximately $4,000.

To ensure that all States benefit from these projects, the

Secretary intends to support four projects which will be required to

serve each State within one of the following geographic regions:

Northeast Region--Connecticut, Delaware, District of Columbia,

Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York,

Pennsylvania, Puerto Rico, Rhode Island, and Vermont.

Southern Region--Alabama, Arkansas, Florida, Georgia, Kentucky,

Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina,

Tennessee, Texas, Virginia, Virgin Islands, and West Virginia.

Midwest Region--Iowa, Illinois, Indiana, Kansas, Ohio, Michigan,

Minnesota, Missouri, Nebraska, North Dakota, South Dakota, and

Wisconsin.

Western Region--Alaska, American Samoa, Arizona, California,

Colorado, Guam, Hawaii, Idaho, Northern Marinas Islands, Montana,

Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.

Selection Criteria for Evaluating Applications

The Secretary will use the following weighted criteria to evaluate

an application under the Regional Centers on Postsecondary Education

for Individuals who are Deaf competition.

The maximum score for all the criteria is 100 points.

(a) Project design. (40 points)

(1) The Secretary reviews each application to evaluate the quality

of the proposed technical assistance project design.

[[Page 34322]]

(2) The Secretary determines the extent to which--

(i) The technical assistance objectives are designed to meet the

purpose of the priority and are clearly defined, measurable, and

achievable; and

(ii) The proposed technical assistance addresses the needs of a

range of postsecondary institutions, including academic, vocational,

technical, continuing, and adult education programs.

(3) The Secretary determines the extent to which each application

provides for--

(i) Use of current research findings and information on model

practices;

(ii) Methods for linking postsecondary institutions in need of

technical assistance;

(iii) Innovative procedures for disseminating information and

imparting skills to postsecondary institutions, staff of these

institutions, and postsecondary students and potential postsecondary

students who are deaf and hard of hearing; and

(iv) Innovative procedures for collaborating and coordinating with

other entities that are involved with broader technical assistance

efforts.

(b) Plan of operation. (20 points)

(1) The Secretary reviews each application to determine the quality

of the plan of operation for the project.

(2) The Secretary considers--

(i) The extent to which the management plan will ensure proper and

efficient administration of the project;

(ii) The quality of the activities proposed to accomplish the goals

and objectives;

(iii) The adequacy of proposed timelines for accomplishing those

activities; and

(iv) Effectiveness in the ways in which the applicant plans to use

the resources and personnel to accomplish the program's goals and

objectives.

(3) How the applicant will ensure that project participants who are

otherwise eligible to participate are selected without regard to race,

color, national origin, gender, age, or disability.

(c) Quality of key personnel. (15 points)

(1) The Secretary reviews each application to determine the

qualifications of the key personnel the applicant plans to use.

(2) The Secretary considers--

(i) The qualifications of the project director and project

coordinator (if one is used);

(ii) The qualifications of each of the other key project personnel;

(iii) The time that each person referred in paragraphs (b)(2) (i)

and (ii) plans to commit to the project; and

(iv) How the applicant will ensure that personnel are selected for

employment without regard to race, color, national origin, gender, age,

or disability.

(3) To determine personnel qualifications under (b)(2) (i) and

(ii), the Secretary considers--

(i) Experience and training in fields related to the objectives of

the project; and

(ii) Any other qualifications that pertain to the quality of the

project.

(d) Budget and cost effectiveness. (10 points)

(1) The Secretary reviews each application to determine whether the

project has an adequate budget and is cost-effective.

(2) The Secretary considers the extent to which--

(i) The budget for the project is adequate to support project

activities; and

(ii) Costs are reasonable in relation to the objectives of the

project.

(e) Evaluation plan. (10 points)

(1) The Secretary reviews each application to determine the quality

of the evaluation plan for the project.

(2) The Secretary considers--

(i) The extent to which the applicant's methods of evaluation are

appropriate to the project; and

(ii) To the degree possible, the extent to which the applicant's

methods of evaluation are objective and produce data that are

quantifiable.

(f) Adequacy of resources. (5 points)

(1) The Secretary reviews each application to determine whether the

applicant plans to devote adequate resources to the project.

(2) The Secretary considers the adequacy of the facilities and the

technology, equipment, and supplies the applicant plans to use.

Intergovernmental Review

This notice is subject to the requirements of Executive Order 12372

and the regulations in 34 CFR Part 79. The objective of the Executive

Order is to foster an intergovernmental partnership and a strengthened

federalism by relying on processes developed by State and local

governments for coordination and review of proposed Federal financial

assistance. In accordance with the order, this document is intended to

provide early notification of the Department's specific plans and

actions for this program.

Program Authority: 20 U.S.C. 1424a.

(Catalog of Federal Domestic Assistance Number: Regional

Postsecondary Centers for Individuals Who are Deaf, 84.078A)

Dated: June 25, 1996.

Judith E. Heumann,

Assistant Secretary for Special Education and Rehabilitative Services.

[FR Doc. 96-16640 Filed 6-28-96; 8:45 am]

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