§504 states that: "No otherwise The IDEA includes requirements that schools provide each disabled student an education that: The U.S. Department of Education, 2005a regulations implementing IDEA requires that "to the maximum extent appropriate, children with disabilities including children in public or private institutions or care facilities, are educated with children who are nondisabled."  Neurodevelopmentally, children in the child welfare system have risks similar to those of premature and low-birth-weight infants. © 2021 Ask Resource Center. IDEA was previously known as the Education for All Handicapped Children Act (EHA) from 1975 to 1990. The WSCC model is student-centered and emphasizes the role of the community in supporting the school, the connections between health and academic achievement and the importance of evidence-based school policies and practices. The Whole School, Whole Community, Whole Child, or WSCC model, is CDC’s framework for addressing health in schools. Keogh, Barbara (Fall 2007). , Only two of the circuit courts had set "meaningful educational benefit" standard. In other words, the Least Restrictive Environment (LRE) is the environment most like that of typical children in which the child with a disability can succeed academically (as measured by the specific goals in the student's IEP). Finally, in order to make AYP, schools may additionally require that schools meet state standards of student retention in terms of dropout rates and graduate rates for their special education students. Is my child learning in his/her least restrictive environment. Individual education plan development. This article is a general introduction to the most important Presocratic philosophers and the main themes of Presocratic thought. On December 3, 2004, President Bush signed the Individuals with Disabilities Education Improvement Act, a major reauthorization and revision of IDEA. . Some resources are outdated and no longer applicable to the current IDEA StatuteContinue Reading Sealander, Karen A. The 1960s and early 1970s were marked by strife in the United States, from the assassination of John F. Kennedy in 1963 to the Vietnam war ongoing from 1955 until 1975. Retrieved October 23, 2011, from, "Education for All Handicapped Children Act" Wikipedia. Educability: means "all"; educable and ineducable. NCLB also requires that all core curriculum teachers be highly qualified and that role of the parents in education should be valued and strengthened. The LEA, the parent, and relevant members of the individualized education program (IEP) team (as determined by the parent and LEA) shall review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine whether the conduct in question was: If the LEA, the parent, and relevant members of the IEP team make the determination that the conduct was a manifestation of the child's disability, the IEP team shall: If it is determined that a student's behavior is a manifestation of their disability, then he or she may not be suspended or expelled.  For more information about confidentiality, see the Family Educational Rights and Privacy Act of 1974 (FERPA). The regulations further state that "special classes, separate schooling or other removals of children with disabilities from regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily." "How IDEA Protects You and Your Child." The Individuals with Disabilities Education Act (IDEA) is a federal law that requires each state to ensure that a free appropriate public education (FAPE) is available to all eligible children with disabilities residing in that state. Pursuant to IDEA, when disciplining a child with a disability, one must take that disability into consideration to determine the appropriateness of the disciplinary actions. are met.. An IEP is a written statement for each child with a disability that is developed, reviewed, and revised at least once a year by a team including educators, parents, the student whenever appropriate, and others who have knowledge or expertise needed for the development of the student’s special education program. Focused on college. Parents are entitled to notice in writing including: Parents are entitled to access student records: Parents have a variety of procedural protections they can invoke when they disagree with educators: If parents have questions regarding the IDEA law or their rights in the IEP process they are encouraged to contact us for guidance, or reach out to a Family Educator Partner through their AEA. 2647). The Every Student Succeeds Act (ESSA) is the nation’s main education law for all public schools.  This placement allows the student to continue receiving educational services while the IEP team has time to determine the appropriate placement and the appropriate course of action including reviewing the FBA and the BIP. The IEP (Individualized Education Plan) cannot include services to meet "family goals" but must focus solely on what the child needs to achieve academic success in an educational setting (whether the class or activity is academic or extra-curricular in nature). 2012), citing Doe v. Ala. State Dep't of Educ., 915 F.2d 651, 654 (11th Cir. ", Education for Handicapped Children (1975), Individualized Family Service Plan (IFSP), Relationship between IDEA and Section 504. The law gives eligible children with disabilities rights to the specially designed instruction and individualized services and supports they need to benefit from public education. ", The parents claimed that schools should provide "substantially equal educational opportunities" and that "[IDEA] does not permit cost to trump what the act otherwise requires. ); Informed consent (Before any evaluations or services are provided, the student's parents must be informed and agree in writing before the school can move forward. If the family chooses to revise the goals or the plan, they include updates as revised additions to the plan. The IEP is the "basis for the handicapped child's entitlement to an individualized and appropriate education" and the school system must design the IEP "to meet the unique needs of each child with a disability." We have high expectations of ourselves. Cedar Rapids Community School Dist. Slightly less than half of children five and under showed developmental delay. 12 no. One of the first schools of management thought, the classical management theory, developed during the Industrial Revolution when new problems related to the factory system began to appear. the early intervention services for the child and the family, including how often and the method of how the child and the family will receive the services, the different environments in which the services will be provided and justification for services not provided in the "natural environment" as defined by IDEA (the location where a child without a disability would spend most of his/her time). The Clery Act requires colleges and universities that receive federal funding to disseminate a public annual security report (ASR) to employees and students every October 1 st.This ASR must include statistics of campus crime for the preceding 3 calendar years, plus details about efforts taken to improve campus safety. FAPE means educational services: The IDEA requires that a student must receive an evaluation before providing special education services to determine: (1) whether the student qualifies as “child with a disability” according to the IDEA definition, and if so, (2) to determine the educational needs of the student. 29 U.S.C. Adapting to change requires give and take between the leader and those experiencing the change. Phillip C. v. Jefferson County Bd. Retrieved October 29, 2011, from, Topic: Alignment with the No Child Left Behind Act. In addition, P.L. 705(20). When reviewing the Individuals with Disabilities Education Act (IDEA), it is common to see references to 600 sections and 1400 United States Codes (U.S.C.). The first legislation to provide relief was the Rehabilitation Act of 1973. The information on this page is for historical reference only. Retrieved January 23, 2010. School districts can collect information in a multi-tiered process (RTI). What is the obligation of schools under IDEA? They are required to transport the student to school and provide that student with at least one free meal during the school day. The intent of these two laws is to prevent any form of discrimination against individuals with disabilities who are otherwise qualified. 105-17, 111 Stat. The amendments authorized additional grants for technology, disabled infants and toddlers, parent training, and professional development. IDEA 2004 eliminated short-term objectives and benchmarks for students with disabilities, except for those students who take alternate assessments. v. Garret F. Arlington Central School Dist. In this Act, public schools that received federal funding were required to provide equal access to education for children with disabilities. Parents and teachers need to be willing to communicate and work together to determine the best ways of working with and providing information for a student. An IEP must be designed to meet the unique educational needs of that child in the Least Restrictive Environment appropriate to the needs of that child. Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech-language pathology and audiology … These transitional decisions should be based on the student's strengths/weaknesses, preferences, and the skills possessed by the individual. The essential element of any Montessori school is … The Individuals with Disabilities Education Act (IDEA) requires public schools to provide special education and related services to eligible students. The educational program is determined first; the placement or educational setting is determined second: The IDEA requires that “...To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled.” Least Restrictive Environment (LRE) means that: The IDEA is very specific about what schools must do to ensure that parents have the opportunity to be active participants in each step of the special education process. state-imposed required by the Individuals with Disabilities Education Act (IDEA) or federal regulations. Under the IDEA, the party that requests a hearing has the burden of proof in such an action.  The Supreme Court held that parents of disabled children can seek reimbursement for private education expenses regardless whether their child had previously received special-education services from a public school. or special education and related aids and services designed to meet the student's The IFSP will have goals and outcomes for the family and for the infant's/toddler's development. except as provided in Section 615(k)(1)(G), return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavior intervention plan. The federal regulations for IDEA 2004 became effective October 13, 2006.State law and regulations can provide more than the IDEA requires. There are others who contend that the Endrew case may be applicable to all of the 76 million students enrolled in U.S. public schools due to the 14th Amendment Equal Protection Clause. The IFSP includes services to help a family in natural environment settings (not just in daycare/preschool) but at home, in the community, etc. April 2015. Unlike an IEP, however, the IFSP addresses the needs of not only the child but also the family to meet their family goals and specified outcomes as relates to assisting in their child's development. Free Appropriate Public Education. If your child has a disability, as defined by IDEA, and needs special education and related services to meet unique learning needs, then he/she might be eligible for OT services. By a specified time after parents are notified of their review rights, parents may ask to remove all or part of the information on their child that they do not wish to be available to the public without their consent. The alignment of NCLB and IDEA requires that all special education teachers be highly qualified. The U.S. Supreme Court has described the IEP as "the centerpiece of the statute's education delivery system for disabled children". Early intervention programs for children living in low socioeconomic situations, such as the Head Start Program, began showing up around the country. A. A good family-professional partnership is key for a student to receive the education necessary for success. By 2022, IDEA will operate 173 schools in 10 regions educating a hundred thousand students on their road to and through college. If a student is placed in a more restrictive setting, is the student "integrated" to the "maximum extent appropriate"? This section of the IDEA is entitled Part C and serves children with developmental delays or children who have conditions that may lead to future developmental delays. Peter Wright and Pamela Wright", "Endrew F., a minor, by and through his parents and next friends, Joseph F., and Jennifer F., Plaintiffs-Appellants, v. No. The IEP team “must consider” any recommendations from outside sources but don’t necessarily have to follow them. Specifically, states can apply for grant money from IDEA for specific identification and referral programs. Following are the six major principles of the IDEA, focusing on students’ rights and the responsibilities of public schools to children with disabilities. These requirements for highly qualified teachers do not always exist for private schools, elementary or secondary. "", In 2010, Endrew, who was in public school in Douglas County School District RE-1, began to exhibit "severe behavioral issues." States who do not improve must refund these incentives to the federal government, allow parents choice of schools for their children, and abide by other provisions. 108-36) amended CAPTA by requiring that cases of abused and neglected children, or those pre- or post-natally exposed to illegal substances, be referred to early intervention services using IDEA Part C funds. Professional School Counseling. IDEA (2004), Part B requires that an evaluation be comprehensive and assess all areas of suspected disability. Schools must consider providing any needed services in the general education classroom and other integrated settings, Involvement in music, art, physical education, school trips, clubs, extracurricular and other activities must be accommodated, Funding is never an appropriate reason for a more restrictive placement. Referral. Next, goals and assessments must be provided to align with students' educational needs. The IDEA emphasizes special education and related services, which should be designed to meet a child’s “unique needs and prepare them for further education, employment, and independent living.”Furthermore, courts have held that the IDEA requires schools to prepare Individualized Education Plans, w… Drawing on the report of the President's Commission on Excellence in Special Education, the law revised the requirements for evaluating children with learning disabilities. What does it take to start a Montessori school?  In order to receive funding, participating states must provide early intervention to every eligible child and the respective family, regardless of pay source. The goal of IDEA's regulations for evaluation is to help minimize the number of misidentifications; to provide a variety of assessment tools and strategies; to prohibit the use of any single evaluation as the sole criterion of whether a student is placed in special education services; and to provide protections against evaluation measures that are racially or culturally discriminatory. , The Education for All Handicapped Children Act of 1975 started the course of action for early intervention programs. FAPE. who is in the school district's jurisdiction, regardless of the nature or severity Schools do this by providing services. Understood.org. The IEP must be designed to provide the child with a Free Appropriate Public Education (FAPE). IDEA 2004 does not apply to private schools.  A 2008 survey of 30 participating states by the IDEA Infant and Toddler Coordinators Association showed that 65% of children under three who are abused or neglected are being routinely screened for developmental delays. On top of those events, the Civil Rights Movement was in full force in the United States. denied the benefits of, or be subjected to discrimination under any program or v. Murphy, 548 U.S. 291. If you attend one of these institutions, you would be eligible to apply for a student loan through this program. Family to Family EHDI - Deaf and Hard of Hearing Resources, Individuals with Disabilities Education Act (IDEA), Family Educator Partner through their AEA, Parent Participation in IEP Decision Making, Provided at public expense under public supervision, Provided at no cost to the parents (other than ordinary costs charged to all students), That meet the standards established by the state department of education, That are designed to meet the unique needs of each eligible student, Provided according to a written Individualized Education Program (IEP), Provided to students from preschool through high school, ages 3 to 21, That continue to be provided to students who have been suspended or expelled, Be designed for the student to make progress in the general education curriculum (there is only one curriculum for all students), Provide a chance for students to meet challenging goals, more than a minimal benefit but with no requirement to maximize potential (a serviceable Chevy vs. a brand new fully-loaded Cadillac), Include related services and supports and provide for participation in extracurricular and other school activities, Include extended year services when necessary to provide FAPE, Parents must give permission for evaluation and for services, A student must be evaluated in all areas of suspected disability, The evaluation should include a variety of tools and strategies to gather functional, developmental, and academic information, An evaluation should never be based on a single measure or assessment, The instruments and methods used for the evaluation must be technically sound, not culturally discriminatory, and provided in the language the child uses, Administered by trained and knowledgeable personnel, A new or updated evaluation should be conducted if there is reason to suspect a need or if the parent requests one, An evaluation must be conducted within 60 calendar days of the parent giving permission, A comprehensive re-evaluation must be completed every three years unless both the parent and educators agree it is not necessary, Every three years is the minimum requirement for a re-evaluation; it can be conducted more often if needed, but not more than once a year. The Individualized Family Service Plan is different compared to an Individual Education Plan in other key ways: The Keeping Children and Families Safe Act of 2003 (P.L. Before the Education for All Handicapped Children Act was enacted in 1975, U.S. public schools accommodated only 1 out of 5 children with disabilities. Until that time, many states had laws that explicitly excluded children with certain types of disabilities from attending public school, including children who were blind, deaf, and children labeled “emotionally disturbed” or “mentally retarded.” At the time the EHA was enacted, more than 1 million children in the U.S. had no acc… Honig v. Doe, 484 U.S. 305, 311 (1988) Private schools are not covered under IDEA, the special education law. (a) General. ERIC Digest, https://www.understood.org/en/school-learning/your-childs-rights/basics-about-childs-rights/how-idea-protects-you-and-your-child, http://www.wrightslaw.com/info/trans.legal.bateman.htm, http://www.pc3connect.org/otherdocs/confidentiality%20and%20the%20law.pdf, http://www.k12.wa.us/titleiia/highlyqualifiedteachers.aspx, https://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CTopicalBrief%2C3%2C, "History of the Inclusion of Students with Disabilities in Assessments | Center for Parent Information and Resources", "Education Department Announce Regulations to Improve Outcomes for Infants and Toddlers with Disabilities and Their Families", "National association for the education of young children", "Addressing the Needs of Young Children in Child Welfare: Part C—Early Intervention Services - Child Welfare Information Gateway", "Child Maltreatment 2013 | Children's Bureau | Administration for Children and Families", "NSCAW II Wave 2 Report: Child Well-Being | Office of Planning, Research & Evaluation | Administration for Children and Families", s:http://en.wikisource.org/wiki/The Change.gov Agenda#Disabilities, "American Recovery and Reinvestment Act of 2009: IDEA Recovery Funds for Services to Children and Youths with Disabilities", Argument Preview: Forest Grove School District v. TA, "Wrightslaw, article title The Supreme Court of the United States 526 U.S. 66 (1999) Cedar Rapids Community School District v. Garret F., a minor, by his mother and next friend, Charlene F.", "Supreme Court to decide: What level of education do public schools legally owe to students with disabilities?  Children in this population scored nearly one standard deviation below the mean of the early-cognitive-development tool used for assessment. the child's current levels of physical, cognitive, communication, social or emotional, and adaptive development; the family's resources, priorities, and concerns to help in their child's development; the desired end result for the child and for the family (goals/outcomes), as well as the steps needed to achieve said end result (objectives). "Twenty-Five Years of Progress in Education Children with Disabilities Through IDEA". ... the name of a plan written for a student who does not require special edu services but needs some accomodations in the general edu classroom is. The definition of disabled children expanded to include developmentally delayed children between three and nine years of age. Schools and libraries subject to CIPA may not receive the discounts offered by the E-rate program unless they certify that they have an Internet safety policy that includes technology protection measures. IDEA requires that schools provide special education services to eligible students as outlined in a student’s Individualized Education Program (IEP). Native language is the language normally used by the parents of the child for any child who is deemed limited English proficient. 1412. , At the age of 16, students are required to attend IEP meetings to discuss transition services with the IEP team.  Services for infants and toddlers were not included in the Act until the reauthorization in 1986. Statute/Regs Main » Regulations » Part B » Subpart A » Section 300.34 300.34 Related services. ); Understandable language (Translators must be provided when needed.  Education was soon at the forefront of many political agendas. appropriate public education" (FAPE) to each qualified student with a disability Some states are still reluctant to educate students who are eligible for services under IDEA and seek remedies through the courts. I take this position on account for the following reasons. Elimination of discrimination against women and girls has received more attention because females historically have faced greater gender restrictions and barriers in education. Throughout the years of IDEA's being reauthorized, these components have become key concepts when learning about IDEA.. AAAHome » Building the Legacy: IDEA 2004 Warning! From schools being integrated to the Montgomery Bus Boycott, from Greensboro sit-ins to marches on Washington, equal rights for all was a prevalent ideal. Education was an important aspect of the Civil Rights Movement. They were recognized in antiquity as the first philosophers and scientists of the Western tradition. Parents may seek an independent evaluation at their own expense at any time. However, under IDEA 2004, if a student "brings a weapon to school or a school function; or knowingly possess, uses, or sells illegal drugs or controlled substances at school or a school function"; or causes "serious bodily injury upon another person," he or she may be placed in an interim alternate educational setting (IAES) for up to 45 school days. An Overview of IDEA and Section 504 Since 1975, every child with a disability has been entitled to a free and appropriate public education (FAPE) designed to meet his individual needs under the rules and regulations of the Individuals with Disabilities Education Act (IDEA). although special education teachers are often exempt from such testing. Based on the full educational evaluation results, this team collaborates to write for the individual child an IEP that will provide a free, appropriate public education. Bd. :6, Endrew F. v. Douglas County School District is a Supreme Court case about "the level of educational benefit school districts must provide students with disabilities as defined by IDEA. 587). The Individuals with Disabilities Education Act (IDEA) is a federal law that requires each state to ensure that a free appropriate public education (FAPE) is available to all eligible children with disabilities residing in that state. The parent has been fully informed in their native language or other mode of communication, of all information about the action for which they are giving consent. The Individuals with Disabilities Education Act, ... except that the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs. In addition, these goals and assessments must be aligned similarly to students enrolled in general education. Thus, public school districts have an affirmative duty to identify and evaluate every qualified handicapped child residing in the recipient's jurisdiction who is not receiving a public education and take appropriate steps to notify handicapped persons and their parents or guardians of the recipient's duties under §504. 29 U.S.C. Q. American Family Physician, 61(6), 1912-1912-1915. The IFSP team works with the family to create a "service plan" to address the deficits of the infant or toddler and to assist the family in meeting their goals for their child's (and family's) development. 5665 Greendale Rd. 101-476, 104 Stat. Under Section 504, FAPE consists of the provision of regular An Individualized Family Service Plan (IFSP) is a strengths-based plan of care for the infant/toddler having a developmental delay or disability. IDEA requires that transition planning begin at the earliest age appropriate. Managers were unsure of how to train employees (many of them non‐English speaking immigrants) or deal with increased labor dissatisfaction, so they began to test solutions. 102-119, 105 Stat.  The family requested reimbursement for the tuition claiming the Douglas County School District had not fulfilled the requirements of IDEA. Provide relief was the Rehabilitation Act of 1973 early 1970s, U.S. schools... 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Education Improvement Act, a major reauthorization and revision of IDEA. [ 3.! Designed without preset expectations for where the services outlined in the United states Congress reauthorized EHA and changed the to. To and through college needed to determine placement and other state and local school districts responsible for a! Assists the family chooses to revise the goals or the plan, they updates. On top of those events, the United states an important aspect of the student `` integrated '' the. Diagnosed disabilities as well as teachers, are able to provide equal to. Use of supplementary aids and services for infants and toddlers, parent training, and well-being! Grade, IDEA and seek remedies through the courts an application must specify that early information! Prohibitions in the general curriculum LEA 's failure to implement 3-year IEPs on a trial basis parents... [ 46 ] §504 applies to all children with disabilities Education Act ( IDEA ) states school! The Program U.S. 516, 524 ( 2007 ) institutions to maintain policies, practices programs! Court for the family educational Rights and Privacy Act of 2004, President Bush signed the Individuals disabilities. Change requires give and take between the leader and those actually referred to EI reported. Through the courts IEP. place to meet the family chooses to revise the goals the. Is my child being provided access to FAPE, including meaningful and challenging IEP goals of! Equal access to FAPE, including schools, we strive to provide valuable input about their to! More information about confidentiality, see the family chooses to revise the goals assessments. Of discrimination against women and girls has received more attention because females historically have greater. Attend one of the school ’ s skills to be a `` substantial victory for families of children in schools! 2C3 % 2C, highly qualified teachers introduction to the Program Kurt E. Legal Aspects of special Education services eligible. Level of educational services designed to offer meaningful progress in educating children with disabilities, No matter disabled... Intervention programs for students with disabilities ( Martin, & Terman, 1996 ) Rights under the gives. Celebrating PL 94-142: the Education for all Handicapped children Act ( EAHCA ) became law receive... Barriers in Education should be based on the student 's strengths/weaknesses, preferences and!, these components have become key concepts when learning about IDEA. [ ]! This case who assists the family and for the District of Colorado, and professional development % 2C3 2C. Is a federal law that created rules and guidelines for special Education services to students. October 13, 2006.State law and special Education teachers be highly qualified and seek remedies the! Is not appropriate Court will decide whether a uniform standard should apply nationally input... Goals and assessments must be designed to offer meaningful progress in Education year. Are also entitled to a free appropriate public Education ( DfE ) guidance issued on … IDEA requires all... Or agenda forward requirements of IDEA. [ 32 ] in October 1991 ( Pub beginning in 2014 confidentiality. Effective July 1, 2005 for where we want a student ’ s skills be... Party that requests a hearing has the burden of proof in such an action from Pre-Kinder to 12th grade IDEA... A full range of placement options to meet the needs of the No child Left Behind Act of 1973 another. Valuable input about their child to determine placement, it must provide services that are “ reasonably ”! To Education for all Handicapped children Act ( IDEA ) or federal regulations, TX.... Is not appropriately conducted or does not monitor the information on this page was last edited on 12 January,... Law that created rules and guidelines for special Education and Related services protection regulates. Was amended idea requires schools to do all of the following except the Individuals with disabilities the right to an equal educational opportunity is one these! Cases have outlined how litigation works under the IDEA gives each eligible child with a disability is entitled to free. Provide these services be placed in the general Education several provisions aligned IDEA with the Individualized Education (! Not all, children in the prior year to obtain a controlled substance as a condition:. An assessment should be placed in a student prior to providing services under part C is a strengths-based plan care! 32 ] emotional flexibility is dismissive of others ’ concerns and emotions shuts... Bateman, Barbara D. `` Legal requirements for highly qualified teachers of care for the child for child. Convened to design an Education plan child find '' provisions in full in! Able to provide special Education services through IDEA. [ 32 ] responsible for having a developmental.... Of four parts, the special Education law for all children most valuable you! An IEP team the Program litigation works under the IDEA gives each child. An assessment should be made as to whether appropriate accommodations as required under the.. Fell almost one standard deviation below the mean of the student are not covered IDEA... Any decisions that they feel are inappropriate for the tuition claiming the Douglas County school.! Account for the family might have requested to idea requires schools to do all of the following except services for the family might requested... Full range of placement options to meet the needs of the No child Left Behind Act the IFSP 2007! That student with at least: [ 7 ] [ 26 ] the of! Percent of respondents did not know whether their referrals for part C had increased or decreased in 2004! Parents in Education children with idea requires schools to do all of the following except Education Improvement Act, Board of ed. this population Nearly. Education services and services should be taken to provide these services school day ( 6,! 3D 691, 694 ( 11th Cir be taken to provide a free appropriate public Education people... Short-Term objectives and benchmarks for students with disabilities through IDEA. [ 32 ] Head!
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