Tag Archives: Eddie Lucio, Jr.

Texas election roundup: Last chance to vote early!

Friday, Feb. 28, is the last chance to vote early in the 2020 Texas primary elections, so make plans to vote before 7 pm Friday if you’d like to avoid the long lines we’re expecting to see on Election Day, March 3.

Our partners in the Texas Educators Vote coalition would like to remind you that by voting, you pick the people who decide how much to fund public schools; how much the state will rely on standardized testing; whether to use A-F ratings and how grades are determined; how much to fund teacher pay, healthcare, and retirement; and whether to invest in our schools or privatize them. You can be a voice at the polls for the over 5.4 million kids in Texas public schools, most of whom are not old enough to vote, model good citizenship for students, move Texas up from being last (or almost last) in voter turnout, strengthen democracy by being an engaged citizen, exert your power at the polls, and practice what you preach — if first grade students are learning the importance of voting, you should, too!

According to data from the Texas Secretary of State’s website, as of the fifth day of early voting, 322,541 Texans had voted in Texas’ top 10 counties for voter registrations. News outlets report that figure as an increase of 30.7% from the number who had voted by the fifth day of early voting in the 2016 primaries.

Statewide 1,394,488 Texans had cast a ballot by Feb 26, the eighth day of early voting, including 762,290 Republicans primary voters and 632,198 Democratic primary voters.  Texas election data researcher Derek Ryan found that, 20% of those who voted in the Democratic primary through day eight of early voting had voted in a previous general election but were likely voting in a primary for the first time. The share of likely first-time primary voters is greater than Democrats saw in 2018 (18%) and in 2016 (17%). In the Republican primary, 12% of early voters this year had voted in a general election but not in a recent primary. So far, slightly more men than women have voted in the Republican primary, while more women than men have voted in the Democratic primary this time around.

On Feb. 26, the Texas Tribune updated its “hot list” of the most competitive Texas primary races. There are 20 Texas House districts on the list, including five races that earned the distinction of being listed among the “hottest” races in the state. Those five are as follows:

  • In House District (HD) 2, the Republican primary features incumbent Rep Dan Flynn (R-Van) being challenged by Bryan Slaton and Dwayne ‘Doc’ Collins. Slaton challenged Rep. Flynn in the 2018 primary and nearly defeated him.
  • In HD 59, the Republican primary is between incumbent Rep. J.D. Sheffield (R-Gatesville) and challengers Cody Johnson and Shelby Slawson. Rep. Sheffield, a physician, has been endorsed by pro-public education groups like Texas Parent PAC and received campaign contributions from a number of medical associations. Johnson has loaned his own campaign over $1 million as of his last ethics filing.
  • The crowded race to replace infamous Rep. Jonathan Stickland (R-Bedford), who is not running for re-election in HD 92, has contested primaries on both sides of the aisle. In what has become a closely watched swing district, both parties hope to put forth the candidate who will ultimately prevail in November. The Republican primary candidates are Jeff Cason, who also ran for the seat in 2018 and is one of relatively few candidates to be endorsed this year by Empower Texans; Taylor Gillig, and Jim Griffin, who received endorsements from Texas Parent PAC and Gov. Greg Abbott. The Democratic primary is a contest between Steve Riddell, who came close to toppling Stickland in 2018, and Jeff Whitfield, whom the Ft. Worth Star-Telegram endorsed. There are also two third-party candidates who will be on the ballot in November.
  • In the Republican primary in HD 132, former Rep. Mike Schofield faces Angelica Garcia. Each candidate is vying to unseat freshman Rep. Gina Calanni (D-Houston) in November. Rep. Calanni defeated then-incumbent Schofield in 2018, flipping the seat from Republican to Democrat that year.
  • Finally, in the Democratic primary in HD 148, newly elected Rep. Anna Eastman (D-Houston) is defending the seat she won just last month in a special election. Her primary challengers include Adrian Garcia, Cynthia Reyes-Revilla, Emily Wolf, and Penny Morales Shaw. While Eastman is now the incumbent, former Rep. Jessica Farrar, who resigned from the seat after last session, is backing Morales Shaw. A Republican challenger who also ran in the special election will be on the ballot in November, too.

Also of note is the sole Texas Senate race to make the Texas Tribune‘s hot list. Sen. Eddie Lucio Jr., a 30-year incumbent, is facing two challengers in the Democratic primary in Senate District 27. One is State Board of Education (SBOE) Member Ruben Cortez (D-Brownsville)., who also received an endorsement from Texas Parent PAC, and the other is Brownsville lawyer Sara Stapleton Barrera.

A new presidential poll released this week by Public Policy Polling and commissioned by Progress Texas shows Bernie Sanders and Joe Biden tied at 24% as the top choice of Texas Democrats. Michael Bloomberg follows at 17%, with Elizabeth Warren at 14%, and Pete Buttigieg at 10%.

With early voting coming to close, ATPE encourages everyone to take a moment to research the races in their local districts and go vote!

Texas election roundup: Pro-public education endorsements

Early voting in the 2020 Texas primary elections begins next Tuesday, Feb. 18, 2020, which is also Educator Voting Day. In Texas election news, a new wave of candidate endorsements that may be of interest to educators were announced this week.

Texas Parent PAC, which exclusively supports candidates who support public education, announced 10 primary election endorsements this week. These include House District (HD) 9 Rep. Chris Paddie (R-Marshall), HD 41 Rep. Bobby Guerra (D-McAllen), HD 59 Rep. J.D. Sheffield (R-Gatesville), HD 60 candidate Dr. Glenn Rogers, HD 72 Rep. Drew Darby (R-San Angelo), HD 100 Rep. Lorraine Birabil (D-Dallas), HD 119 candidate Jennifer Ramos, HD 127 Rep. Dan Huberty (R-Kingwood), HD 128 candidate Robert Hoskins (R), and SD 27 candidate Ruben Cortez (D).

Texas Parent PAC is endorsing at least two candidates who are challenging incumbent legislators. Robert Hoskins is facing Rep. Briscoe Cain (R-Deer Park) in the House. Ruben Cortez, currently serving on the State Board of Education, is challenging Sen. Eddie Lucio, Jr. (D-Brownsville) for a Senate seat. Both races have attracted media attention recently. As the Houston Chronicle reported, Hoskins has the support of nearly all the local officials in his suburban Houston district, while a handful of state representatives from other districts have been stumping for Cain. Meanwhile Sen. Lucio’s office was the site of protests this week by progressive activists who are unhappy with the senator’s voting record, as reported by KGBT.

The Austin American-Statesman endorsed Rep. Erin Zwiener (D-Driftwood) and Republican candidate Bud Wymore in the HD 45 Democratic and Republican primaries, respectively. The newspaper also endorsed Jenny Roan Forgey for the Republican nomination in HD 47, which is held by Rep. Vikki Goodwin (D-Austin), and recommended Jenai Aragona-Hales in the Republican primary for HD 49, a seat held by Rep. Gina Hinojosa (D-Austin). While Hinojosa’s seat is safely Democratic, Zwiener and Goodwin both managed to flip seats in 2018 that were previously held by Republicans.

Earlier this week, new Gary Gates (R-Rosenberg), Lorraine Birabil (D-Dallas), and Anna Eastman (D-Houston) were sworn into office as new state representatives for House Districts 28, 100, and 148, respectively. All three won special runoff elections in late January and are on the ballot in 2020 vying for a full term.

In federal election news, the Texas Tribune reported Democratic presidential hopeful Pete Buttigieg announced plans to employ 24 staffers in Texas after strong finishes in Iowa and New Hampshire. Michael Bloomberg, Elizabeth Warren, and Bernie Sanders all have staff working in Texas ahead of the March 3 primary on “Super Tuesday.”

With early voting just a few days away, it’s important to remember that elections are decided by who shows up! Check out the election-related resources from our coalition partners over at Texas Educators Vote, including text message reminders when an important election is coming up. You can also research candidates in your own local races here at Teach the Vote. Please make plans to vote next week, and encourage your family and friends to do the same!

New School Year, New Laws: Special Education

In this week’s blog post in the “New School Year, New Laws” series, the ATPE lobby team looks at changes to special education resulting from the 86th legislative session earlier this year.

Three years ago, the Houston Chronicle published an investigative series on how Texas was systematically denying special education services to students through an arbitrary 8.5% cap on special education enrollment. After confirming the findings, the U.S. Department of Education (ED) ordered the state to complete a Special Education Strategic Plan and Corrective Action Response. In the interim before the 2019 legislative session, special education advocates worked diligently with lawmakers, the Texas Commission on Public School Finance, and the Texas Education Agency (TEA) on the strategic plan, corrective action response, and special education funding to try to mitigate the negative effects of having denied years of services to students. This involvement from stakeholders helped to prioritize special education in the legislative session.

Below are some of the bills passed this year to address special education funding and various initiatives for students with special needs.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Special education funding and advisory committee

Special education in Texas is currently funded through a system of weights based on student placement. For example, the weight for a homebound student is 5.0 (meaning that a school district receives 5 times the amount of the basic allotment for that student). The mainstream weight covers approximately 85% of students receiving special education services, according to the TEA. Rep. Mary Gonzalez (D-Clint) amended HB 3 to increase the mainstream weight from 1.1 to 1.15, which will generate hundreds of extra dollars for every student receiving special education services in the general education classroom. As an aside, stakeholders and agency officials alike are urging that the rhetoric around special education shift to characterize special education as a service rather than a placement.

HB 3 also creates a new dyslexia weight of 0.1, which will help direct even more money to students with special needs. The dyslexia weight will also capture and fund students who are receiving services under Section 504 of the Rehabilitation Act, which is not federally funded like the Individuals with Disabilities Education Act (IDEA).

Lastly, HB 3 establishes a 14-member special education allotment advisory committee that will make recommendations on special education funding. In September, the commissioner of education will appoint committee members, to include a variety of stakeholders both within and outside of the school setting, including two teachers.

These provisions of HB 3 became effective immediately upon the passage of the bill.

Senate Bill (SB) 500 by Sen. Jane Nelson (R-Flower Mound): Addressing maintenance of financial support in the supplemental budget

Just before the 2019 legislative session began, news broke that Texas had failed to maintain “state financial support” under the Individuals with Disabilities Education Act (IDEA). Essentially, the state spent $33.3 million less on special education in 2012 than it spent in the prior year, which is not allowed. Unfortunately, the state continued this trend in 2017, 2018, and 2019, and it is now estimated that the resulting federal penalty will reach $233 million.

This year’s supplemental spending bill, SB 500, included over $219 million to settle maintenance of financial support costs and to prevent future penalties.

SB 139 by Sen. Jose Rodriguez (D-El Paso): Notification of enrollment opportunities

SB 139 specifically addresses the aforementioned 8.5% cap on enrollment in special education by requiring TEA to develop a notice regarding the elimination of the arbitrary limit. The notice must also include the rights of children under state and federal law and how parents and guardians can initiate referral and evaluation for special education services.

HB 111 by Rep. Mary Gonzalez (D-Clint): Trafficking, abuse, and maltreatment training

As part of their district improvement plan, school districts are required to adopt and implement a policy on sexual abuse, sex trafficking, and other maltreatment of children. Districts must incorporate methods to increase awareness of these issues by providing training for new and existing employees on prevention techniques and the recognition of sexual abuse, sex trafficking, and other maltreatment of students. HB 111 specifically adds that the training should also include prevention and recognition for students with significant cognitive disabilities. HB 111 became effective immediately.

HB 165 by Rep. Diego Bernal (D-San Antonio): High school endorsements

Effective immediately, HB 165 allows students receiving special education services to earn high school endorsements on their transcripts if they complete, with or without modification, the foundation high school curriculum requirements and the additional endorsement curriculum requirements. Under previous law, a student receiving special education services was unable to earn an endorsement by virtue of being enrolled in a modified curriculum. This prevented the student from earning a Distinguished Level of Achievement upon graduation, which is an eligibility requirement for automatic admission to a public institution of higher education in Texas.

SB 522 by Sen. Judith Zaffirini (D-Laredo): Services for students with visual impairments

SB 522 aims to improve the educational services provided to students with a visual impairment by aligning the terminology in state law with federal law regarding these students. Additionally, the individualized education plan (IEP) for students with a visual impairment must now include instruction in braille and the use of braille unless the student’s admission, review, and dismissal (ARD) committee determines that a different form of instruction is more appropriate. Under SB 522, instruction in braille must be provided by a teacher certified to teach students with visual impairments. This law became effective immediately.

SB 712 by Sen. Eddie Lucio, Jr. (D-Brownsville) and HB 3630 by Rep. Morgan Meyer (R-Highland Park): Prohibiting aversive disciplinary techniques

SB 712 and HB 3630 by are identical bills that prohibit the use of certain techniques on students that are meant to discourage recurring behaviors. These aversive techniques are defined in physical terms, such as inflicting pain on a student, as well as in social, emotional, and mental terms, such as verbally demeaning a student or using a timeout when such breaks are not a part of the student’s individualized education plan (IEP). This legislation does not affect a teacher’s ability to remove students under Texas Education Code Section 37.002, which allows teachers to remove students who are repetitively disruptive and limiting the learning of others. Both bills were effective immediately upon their passage earlier this year.


See the TEA’s “HB 3 in 30” video on special education for additional detail on legislative changes. For more information on the issues featured in our “New School Year, New Laws” series, be sure to check out “An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” in which ATPE’s attorneys provide a comprehensive look at new education laws passed in 2019. Join us next Monday here on Teach the Vote to read about legislative changes regarding professional opportunities for educators.

Police, architects testify in Senate school safety hearing

The Senate Select Committee on Violence in Schools and School Security began its first hearing Monday with a moment of silence for the victims of school shootings. Chaired by Senate Education Committee Chair Larry Taylor (R-Friendswood), the select committee was assigned by Lt. Gov. Dan Patrick after Gov. Greg Abbott released a list of school safety proposals, many of which would require legislative action.

The select committee is composed of six Republicans and three Democrats, and is scheduled to meet Monday and Tuesday to discuss potential ways to prevent future school shootings like the one in Santa Fe, Texas. Monday’s agenda included considering testimony on the following:

“Improve the infrastructure and design of Texas schools to reduce security threats, and discuss various proposals to harden school facilities, including limiting access points, improving screening and detecting of weapons, retrofitting school facilities with improved locks, emergency alarm systems, and monitoring cameras.”

Texas Education Agency (TEA) Commissioner Mike Morath was the first witness invited to testify, and briefed members on steps the agency has taken to improve school safety. Morath noted that Santa Fe ISD was in fact one of 186 districts that received a special designation for going above and beyond school safety requirements. The commissioner added the agency has secured $62 million in additional federal funding under the Every Student Succeeds Act (ESSA), which it is directing toward school safety. Morath noted that TEA lacks the authority to implement many of the governor’s proposals without specific instructions from the legislature. The state will also compete for a fraction of $75 million available through a nationally competitive grant from the U.S. Department of Justice.

State Sen. Charles Schwertner (R-Georgetown) discussed legislation he passed during the 2017 legislative session to provide training for school staff to identify students who may be experiencing or at risk of a mental health crisis. Sen. John Whitmire (D-Houston) expressed interest in this idea, albeit while expressing a concern that students’ private mental health records remain confidential. Sen. Royce West (D-Dallas) asked members to evaluate the current state of mental health services in Texas and consider whether adequate resources are in place.

Asked by Sen. Brandon Creighton (R-Conroe) whether the legislature should expand the agency’s authority to implement some of the governor’s proposals, Morath hesitated to offer an opinion. The commissioner ultimately stated that TEA is weak both in terms of capacity and regulatory authority when it comes to school safety. Morath testified TEA has only one quarter of one full-time equivalent staff member dedicated to school safety.

State Sen. Eddie Lucio, Jr. (D-Brownsville) suggested that local school boards are too fractious to make many school safety decisions, and suggested that TEA study the cost of implementing airport-style checkpoints in schools statewide.

The next invited witness was Christopher Huckabee, who chairs the Texas Society of Architects School Safety Workgroup. Huckabee explained how campus architecture has changed in response to school shootings going back to Columbine, such as efforts to push the public back from campus buildings and direct visitors through a single entrance. Huckabee testified that fire codes are very specific when it comes to having multiple entrances and exits for students and staff. He explained, “Even the best hardened campus are not perfect scenarios in this regard.” Chairman Taylor suggested that fire codes may need to be revisited, and the focus may need to shift away from fire safety. Sen. West asked about distinguishing between fire alarms and lockdown alarms, and Huckabee suggested schools could use an app to communicate emergency alerts via mobile devices.

Sen. Joan Huffman (R-Houston) contended that implementing metal detectors is the only surefire way to prevent guns from being brought into schools in the first place. Huckabee stated the challenge to districts would primarily be one of resources, and warned students may still find ways to get around metal detectors. Chair Taylor pointed out that congestion resulting from metal detectors may create a new potential target in a large group of students awaiting entry.

San Antonio ISD Police Chief Joe Curiel led off a panel of law enforcement officers, and testified with regard to training and procedures currently in place. Chief Curiel mandated child crisis intervention training (CCIT) for all SAISD officers, which involves talking with students and building relationships in order to identify potential issues early on. Chief Curiel testified he believes identifying potential shooters is all about human intelligence.

Chair Taylor asked about the ability of law enforcement to track students’ social media accounts. Chief Curiel indicated that an officer is dedicated to assessing social media posts, but not necessarily monitoring all accounts.

Sen. Lucio asked Chief Curiel his position on whether teachers should carry guns, and how officers would respond if they encountered an armed teacher during an active shooting. Chief Curiel indicated he is neutral on the issue, but warned that “things could go wrong” if officers encountered someone who is armed when the shooter had not been identified yet. The chief also cautioned against viewing metal detectors as the sole solution, and repeated that human intelligence is the key.

“We can fortify our campuses all we want, but that does not guarantee a weapon will not be carried in,” said Chief Curiel.

Sen. Creighton pushed Chief Curiel for a firmer answer on whether adding armed teachers to the mix would save lives, providing that they were well-trained and potentially from a military or law enforcement background. Chief Curiel repeated his concern that responding officers, in particular those who don’t work at the school, would not immediately know the difference between the teacher and the active shooter.

“Having people armed within the campus would have to require a lot of training and the coordination effort that takes place when a situation like that takes place,” said Chief Curiel.

Pressed by Sen. Kelly Hancock (R-North Richland Hills) to take a position on whether the potential of facing armed staff would be more of a deterrent than the baseline prohibition against firearms other than those carried by law enforcement officers, Chief Curiel stated that an individual who has determined to carry out a school shooting is not in a rational mental state and would likely make their decision without regard to district firearm policy. Chief Curiel emphasized that the department is neutral on the issue of arming teachers, and would adjust their policies and procedures to accommodate any decision the local board of trustees decides to take.

Midway ISD School Resource Officer Jeff Foley testified on the behalf of the Texas Association of School Resource Officers, and told members that programs to arm teachers, such as the school marshals program, may be beneficial to rural districts where law enforcement may not be able to quickly respond. On the other hand, he expressed concern over such programs in urban and suburban schools that have law enforcement personnel assigned to the campus.

Mike Matranga, Executive Director for Security and School Safety at Texas City ISD, said no school can be 100 percent secured. More importantly, he said, is addressing students’ mental health needs. Matranga indicated he believes the larger issue is one of weakening social values, a lack of personal responsibility and children lacking appropriate avenues to channel their frustration. Matranga suggested that many civilian school boards lack the expertise to make the most informed decisions regarding school security, and opined that hiring an additional police officer would be better than a school marshal. Matranga contended teachers play a different, albeit equally important, role.

“Our teachers are our first line of defense,” said Matranga, emphasizing the role of teachers in identifying kids who are having problems. Yet pointing to the state of school funding, Matranga acknowledged that the state is asking teachers to do more each year without adequate compensation.

Public testimony began with metal detector industry respresentatives. Their testimony focused on the real and perceived benefits of metal detectors, such as their potential to discourage potential criminals. One witness argued that x-ray machines are a larger cause of congestion than metal detectors, which can come in the form of either walkthrough units or handheld wands. The speed of detection can vary depending upon sensitivity and the procedure used for checking people who set off alerts.

The committee will meet again Tuesday morning to consider the following charge:

“Improve the infrastructure and design of Texas schools to reduce security threats, and discuss various proposals to harden school facilities, including limiting access points, improving screening and detecting of weapons, retrofitting school facilities with improved locks, emergency alarm systems, and monitoring cameras.”

Members will hear invited testimony on these topics, and members of the public will be limited to two minutes of testimony.

Senate committee hears from dozens opposed to payroll deduction bill

On Monday, Feb. 13, the Senate Committee on State Affairs, chaired by Sen. Joan Huffman (R-Houston), conducted a public hearing on Senate Bill (SB) 13, Huffman’s own bill to eliminate the rights of some public employees to use payroll deduction for voluntary association dues. Dozens of ATPE members traveled to Austin to attend the hearing. Among the many witnesses who testified against SB 13 were ATPE Executive Director Gary Godsey, State President Julleen Bottoms, State Vice President Carl Garner, State Secretary Byron Hildebrand, and State Treasurer Tonja Grey.

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Early in the hearing, Sen. Craig Estes (R-Wichita Falls) questioned the bill’s author on why she chose to file a bill that would prohibit payroll deduction by some public employees (such as educators, correctional officers, and CPS workers) while exempting fire, police, and EMS employees from the prohibition. “I just think it’s problematic to say this group of people does it this way and this group of people does it that way,” Sen. Estes said, noting that he would prefer to see a bill without an exception for first responders that would apply equally to all public employees. “Why?” Estes asked the bill’s author about the discriminatory impact of her bill.

 

In response to the questions from Estes and her other fellow senators, Chairwoman Huffman explained that she was comfortable excluding law enforcement and emergency personnel from the bill because they “serve the community… with great honor and distinction.” Huffman added that groups representing first responders don’t interfere with “business issues,” which was a complaint raised by a pair of business lobbyists who testified against SB 13.

It is not clear what type of “business interference” the supporters of this bill believe ATPE has been guilty of organizing. The examples cited by a representative of the National Federal of Independent Business (NFIB) were federal minimum wage and equal pay laws that she claimed unions were opposing nationally. ATPE has not taken a position on any such legislation in Washington, and ATPE’s Godsey pointed out in his testimony that our organization has been supportive of business. “We love small business,” Godsey emphasized to the committee. “We have never spent one dime lobbying against small business.”

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Sens. Judith Zaffirini (D-Laredo) and Eddie Lucio, Jr. (D-Brownsville) asked a number of questions during the hearing about why this bill was needed. They illustrated, for example, that no school board members or superintendents have complained about the current law requiring districts to let educators deduct association dues from their paychecks. Several of the teachers who testified during Monday’s hearing pointed out that their school leaders were supportive of leaving the current law alone and letting school employees continue the practice of using payroll deduction for their association dues. ATPE State President Bottoms, for example, noted that her own superintendent had even traveled to Austin Monday to support her appearance at the SB 13 hearing.

Although not a member of the committee, Sen. Jose Menendez (D-San Antonio) also sat in on the hearing and  asked a number of questions about why the bill targets certain associations while allowing payroll deductions for other purposes, such as insurance premiums and taxes. ATPE appreciates the support of those senators from both parties who have taken issue with SB 13, principally for the discriminatory message that it sends to hardworking educators and the fact that the bill is wholly unnecessary. It solves no identified problems and does not produce any cost savings to the state. Interestingly, Chairwoman Huffman conceded during her opening remarks about SB 13 that there are no taxpayer costs associated with public employees using payroll deduction for their association dues. In admitting this, Huffman openly contradicted recent claims by both Lt. Gov. Dan Patrick and Gov. Greg Abbott that this legislation would prevent “taxpayer resources” from being used to collect union dues.

While the committee heard testimony from numerous ATPE members and other educators on Monday, members of the law enforcement community were also on hand to express opposition to SB 13. Even though law enforcement officials are currently exempted from Huffman’s bill, they nevertheless urged lawmakers not to discriminate against teachers and expressed disappointment that the Senate was even hearing such a bill as SB 13. ATPE sincerely appreciates the support of police, fire, and EMS employee associations to defeat this unnecessary bill.

Click here to watch archived video of the hearing. Sen. Huffman’s introduction of SB 13 begins at the 13:45 mark during the broadcast. The testimony on this bill begins at 1:11:28 during the broadcast. Also, visit ATPE’s Facebook page for video highlights and links to news reports about the hearing. ATPE members are urged to continue calling and writing to their legislators about SB 13 and its House counterpart, House Bill 510. For additional resources on communicating with lawmakers, check out ATPE’s Advocacy Central.

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