Borowski v. City of Burbank, 101 F.R.D. Under the " benefit" test, (a)(4) is satisfied if the proposed class will benefit from the action. 1703(f) by failing to make guidelines under state law. For the reasons stated above, defendants' motion to dismiss is granted as to plaintiffs' state law claims and federal law claims, based on the Fourteenth Amendment, Title VI, 42 U.S.C. Language restrictionist policymakers sought to close the loopholes in the law and fined Robert Meyers $25 fine for teaching Bible stories to 10-year-old children in German. 98, 99 (1966). The defendants, by refusing to promulgate uniform guidelines by which to assess and place LEP children, and by refusing to supervise local school districts' implementation of assessment guidelines and placement of LEP children, have clearly " refused to act on grounds generally applicable to the class." Castaneda v. Pickard, supra, 648 F.2d at 1007. United States Court of Appeals, Seventh Circuit. Advisory Committee Note, 39 F.R.D. Parker v. Risk Mgmt., Full title:Jorge and Marisa GOMEZ, et al. Gomez v. Illinois State Board of Education. 50 terms. 1762 (1986). (pp. Further, defendants contend that, since state law violations are at the core of plaintiffs' action, the relief granted to the plaintiffs would necessarily involve an order requiring the defendants to comply with state law. In addition, the court must view those allegations in the light most favorable to the plaintiff. A court is entitled to make a good faith estimate of the number of class members. 25. The plaintiffs allege, inter alia, that the defendants have violated federal law because of their failure to promulgate uniform guidelines to identify and place LEP children. 228.60(b) (1). Id. Id. See also 228.80(c) (covering parental protests to placement, transfer, and withdrawal of students in transitional bilingual education programs). Some rulings provide support for bilingual education; others erode that support. In the present case, the plaintiffs seek a mandatory injunction requiring the Illinois State Board of Education and the Illinois State Superintendent of Education to provide local school districts with uniform standards for the identification and instruction of limited English-proficient students. Although some of these resulted in small victories, none has succeeded in overturning the voter initiatives. Del Valle (2003) suggests that through these cases opponents of bilingual education attempted to turn the original purpose of bilingual education on its head by charging that a program that was developed to ensure that ELL students have the same educational opportunities as all other students was actually preventing equal educational opportunities for ELL students. James Lyons (1995), former president of the National Association for Bilingual Education, explains further: The Lau Remedies specified proper approaches, methods and procedures for (1) identifying and evaluating national-origin-minority students' English-language skills; (2) determining appropriate instructional treatments; (3) deciding when LEP students were ready for mainstream classes; and (4) determining the professional standards to be met by teachers of language-minority children. Plaintiffs' counsel, the Mexican American Legal Defense and Educational Fund, Inc. (MALDEF), is a national civil rights legal organization which has advocated and defended the rights of Hispanics in many civil rights cases, often in the context of class actions. Justice William Douglass, in writing the court's opinion, strongly disagreed, arguing: Under these state-imposed standards there is no equality of treatment merely by providing students with the same facilities, textbooks, teachers, and curriculum; for students who do not understand English are effectively foreclosed from any meaningful education. In either event, the appropriate cause of action in this case is against the local school districts and not a statewide remedy, which has doubtful merit, for failure to make appropriate guidelines. On June 17, 1987, the case was reassigned here. In this case, the plaintiffs seek to certify the following class: We believe that this class description is flawed because it includes LEP children who are no longer eligible to attend Illinois public schools. See Weiss v. Tenney Corp., 47 F.R.D. The plaintiffs' complaint requests that this Court declare that the defendants are obligated under federal law to promulgate uniform guidelines which will enable state and local educational agencies to assess the language proficiency of Spanish-speaking students. 228.10(e) & (f). The only issue considered by the United States Supreme Court was whether " the Eleventh Amendment prohibited the District Court from ordering state officials to conform their conduct to state law " Id. Especially in the context of Rule 23(b)(2) class actions, distinct factual contexts will be unified under a common claim for equitable relief." The defendants also contend that the newly named representatives may not be substituted under Fed.R.Civ.P. Since the U.S. Supreme Court decision in Lau, two other lawsuits have been decided in the high court that, while not related to bilingual education, nonetheless undermine the original legal argument of Lau. clkulp. For education. jessbrom8. 406 (1973); Miller, at 27 (" [W]hen all is said and done, there does not really seem to be terribly much of independent significance to subdivision (a)(3)." In another Colorado case, Keyes v. School District No. For the reasons stated above, it is hereby ordered that: finding that the inclusion of future members in a class of "Spanish-speaking children who are or will be enrolled in Illinois public schools, or who are eligible or will be eligible to be enrolled in Illinois public schools, and who should have been, should be, or who have been, assessed as limited English proficient" made joinder impracticable, certifying class action of students who should have been assessed as having limited English proficiency, certifying class where statistics permitted court to draw reasonable conclusion of numerosity despite objections as to the reliability and accuracy of the statistics. Mahwah, NJ: Lawrence Erlbaum. Bilingual education in New York received a further boost a few years later in Rios v. Reed (1978). But despite court orders in Flores to increase funding for ELL students, state legislators and educational leaders have used a wide variety of stall tactics and legal maneuvering to avoid fully complying with the court's order. Latino civil rights movement. In addition, the Fifth Circuit in State of Texas directed the district court, "in the event that individual school districts are made parties hereafter, to give serious consideration to such motions for change of venue as may result to the end that, in the absence of some overriding reason to the contrary, local school districts may litigate in their local federal courts." Anna replied on Sun, 2015-03-08 16:27 Permalink, Thanks so much! Nevertheless, the legacy of these cases, despite agreement in the courts about the need for states to Americanize minorities and their right to control the language used for instruction in public schools, is that minority communities have a clear right to offer private language classes in which their children can learn and maintain their home languages. The declarations sought by the plaintiffs will " settl[e] the legality of the [defendants'] behavior with respect to the class as a whole * * *." Fund, Chicago, Ill., for plaintiffs. Indeed, Hawaii tried yet again to limit private foreign language instruction. In addition, the local school district shall seek cooperation from local agencies, organizations or community groups if assistance is needed in determining the students' levels of language fluency. 100.3 et seq., 42 U.S.C. When Germany and later Japan became war enemies of the United States, the number of U.S. schools that provided instruction in these languages dropped dramatically, largely because of fears by members of these communities that such instruction would lead others to question their loyalty to the United States (Tamura, 1993; Wiley, 1998). 1987) Annotate this Case US Court of Appeals for the Seventh Circuit - 811 F.2d 1030 (7th Cir. Wright, W. E. (2010). Foundations for Teaching English Language Learners: Research, Theory, Policy, and Practice. The Office of Civil Rights used the Lau decision to go after districts that, like San Francisco, were essentially ignoring the needs of its LEP students. For the reasons set forth below, the plaintiffs' motion for class certification is granted; the plaintiffs motion to withdraw and add certain individuals is granted in part and denied in part. Plaintiffs assert that defendants have abdicated their responsibility under 20 U.S.C. The shame of the nation: The restoration of apartheid schooling in America. Case law concerning the linguistic and educational needs of ELL students has had a major impact on federal and state policy for ELL students, their families, and their communities. Even though the court decision does not mandate any particular instructional approach, the Lau Remedies essentially require districts to implement bilingual education programs for LEP students. In T. Ricento & B. Burnaby (Eds. Thank you. See Twyner, Federal Rule of Civil Procedure 23(a)(3) Typicality Requirement: The Superfluous Prerequisite to Maintaining a Class Action, 42 Ohio St.L.J. With respect to the three individuals whom the plaintiffs seek to add, Angia Carmona, Maria Carmona and Sergio Gomez, the Court finds that the plaintiffs have not adequately established that these individuals are class members. ESL-Domain 3. Lyons, J. On the basis of this record, therefore, the Court holds that Angia Carmona, Maria Carmona and Sergio Gomez lack standing to maintain this action. Similarly, final injunctive and declaratory relief is appropriate in this case. The board sets educational policies and guidelines for public and private schools, preschool through grade 12. 85-2915. Despite significant progress in the half century since Brown, the practice of segregation in public schools remains widespread (Kozol, 2005). 944, 949 (N.D.Ill.1984); see also Edmondson v. Simon, 86 F.R.D. Of even greater concern is that, under prong 3, a certain amount of time must pass before a determination can be made about the adequacy of the programs. a . Beverly J. Tiesenga, Asst. 715, 721 (N.D.Ill.1985). 405, 431 (E.D.Tex.1981), rev'd on other grounds, 680 F.2d 356 (5th Cir.1982). The defendants do not take issue with the adequacy of plaintiffs' counsel. In the 1980s, in the wake of Lau, support for bilingual education was eroded by the courts. Gomez v. Illinois State Board of Education Summary 65 views Jan 24, 2021 0 Dislike Share Save David Westlake 3 subscribers -- Created using Powtoon -- Free sign up at. In the instant case, there are no foreseeable long-term economic consequences which might adversely affect class members. at 917. Therefore, the *346 plaintiffs' complaint is dismissed as to those portions based on 14C-3 and requesting compliance thereunder. A., & Cardenas, B. Thus, the common practice of language-minority communities today in offering heritage language programs after school and on weekends is protected by the U.S. Constitution. 714 (1908). 25 (N.D.Ill. Diamond v. Charles, 476 U.S. 54, 106 S.Ct. 1697, 1703, 1707-08, 90 L.Ed.2d 48 (1986); City of Evanston v. Regional Transportation Authority, 825 F.2d 1121, 1123 (7th Cir.1987). ). Nowhere in their complaint do the plaintiffs request this Court to perform the assessments. Meyers is an important case because it makes clear that the 14th Amendment provides protection for language minorities. See Defs.' In Stainback v. Mo Hock Ke Kok Po (1947), the state court struck down the statute, rejecting the state's claim and arguing that, at least for "the brightest" students, study of a foreign language can be beneficial. Students must also learn the same academic content their English proficient peers are learning, in such subjects as language arts, math, science, social studies, music, art, and physical education. 1982). 2d 67 (1984). Commonality is met in this case. Like Plessy, Brown v. Board of Education focused on the segregation of African American students. See, e.g., Phillips v. Joint Legislative Committee, 637 F.2d 1014, 1022 (5th Cir.1981); Tonya K. v. Chicago Board of Education, 551 F.Supp. See Gomez v. Illinois State Board of Education, 811 F.2d 1030, 1039-40 (7th Cir. The theory of incompatibilities: A conceptual framework for responding to the educational needs of Mexican American children. The court ordered the district to create a plan and implement language programs that would help Mexican American students learn English and adjust to American culture and also help Anglo students learn Spanish. It is axiomatic that the named representative of a class must be a member of that class at the time of certification. The 1974 Supreme Court case Lau v. Nichols resulted in perhaps the most important court decision regarding the education of language-minority students. Clevedon, UK: Multilingual Matters. Wisconsin and Illinois wanted to have onyl English taught in their schools, this paved the road for acts such as the EEOA to be developed years later. See Ill. Rev.Stat. 2d 750 (1978), it now appears that Title VI, like the Equal Protection Clause of the Fourteenth Amendment, is violated only by conduct animated by an intent to discriminate and not by conduct which, although benignly motivated, has a differential impact on persons of different races. Cardenas, J. Then, in 1919, Nebraska passed the Siman Act, which made it illegal for any school, public or private, to provide any foreign language instruction to students below the 8th grade. The U.S. Court of Appeals for the 7th Circuit relied heavily on Castaeda in its decision and gave state boards of education the power to enforce compliance with the EEOA. Roman Catholic and Lutheran German parochial schools joined together to file suit against the act under the 14th Amendment. 1987). See Eisen v. Carlisle & Jacquelin, 391 F.2d 555 (2d Cir.1968). 2000d, and regulations promulgated thereunder, 34 C.F.R. The Peoria School District # 150, Peoria, Illinois, is located in the Peoria Division of the U.S. District Court for the Central District of Illinois. 4-5), The essence of Lau was codified into federal law though the Equal Educational Opportunities Act of 1974 (EEOA), soon after the case was decided. Cabinet For educational institutions For teachers For students/pupils. ). In the present case, the plaintiffs allege neither purposeful discrimination nor past de jure discrimination in the defendants' attempts to enact transitional bilingual education programs. Subsection 3 of Rule 23(a) provides that " the claims or defenses of the representative parties [must be] typical of the claims or defenses of the class." The Court also notes that numerosity is met where, as here, the class includes individuals who will become members in the future. In response, the parochial schools taught German during an extended recess period. 21, which provides in relevant part that: " Parties may be dropped or added by order of the court * * * at any stage of the action and on such terms as are just.". The federal court found the district's bilingual programs to be woefully inadequate, pointing to the lack of trained bilingual teachers and the absence of a clearly defined curriculum, clear entrance and exit criteria, and firm guidelines about how much instruction should be in the native language of the students. In ascertaining whether a named representative will adequately protect the interest of absentee class members, courts have applied a number of tests: the " benefit" test; the " no-conflict" test; and the " exact-equation" test. 59, 61 (N.D.Ill.1984); see also Ragsdale v. Turnock, 625 F.Supp. Illinois Migrant Council v. Pilliod, 531 F.Supp. 2965, 2975, 86 L.Ed.2d 628 (1985); Susman v. Lincoln American Corp., 561 F.2d 86, 89-90 (7th Cir.1977). Wright also provides an overview of the No Child Left Behind legislation in No Child Left Behind and ELLs. Plaintiffs' attempt to distinguish Pennhurst from this case is unpersuasive. Id. ), Policy and practice in bilingual education: Extending the foundations (pp. at 911. It analyzes the aims, needs and requirements of education and recommends legislation to the Illinois General Assembly and Governor for the benefit of the more than 2 million school children in the state. Therefore, the plaintiffs' complaint, based on Title VI, the Equal Protection Clause and 1983, is dismissed because it does not allege purposeful discrimination. Name of court case/legislation Gomez v ILLINOIS STATE BOARD Plaintiffs: Jorge Gomez Defendants: Illinois state Board of Education and Ted Sanders (superintendent) Judge: Jesse E. Eschbach Year of court case/legislation Argued on April 8, 1986 Decided on Januray 30, 1987 Location court case or legislation represents Where? Historical reluctance by many states throughout the country to provide equitable educational opportunities to ELL and other minority students and controversies over the use of languages other than English in public schools have sparked a large number of lawsuits that address these issues. In light of these observations regarding the federal and state statutes, the Fifth Circuit concluded that a statewide remedy was inappropriate. at 906. The court found the school's program for these students to be inadequate. Note: For information about Plyler vs. Doe, which gives all children a right to a free, public education regardless of immigration status, see this related resource section. The State Board has fulfilled this duty in Title 23 of the Illinois Administrative Code, Subtitle A, Chapter I, Subchapter f, Part 228, entitled Transitional Bilingual Education (1984). 122 14C-3. Five cases in California were based on challenges to Proposition 227: Quiroz v. State Board of Education (1997); Valerie G. v. Wilson (1998); McLaughlin v. State Board of Education (1999); Doe v. Los Angeles Unified School District (1999); California Teachers Association v. Davis (1999). See Steininger, Class Actions, at 418 (citations omitted). In light of these detailed regulations, it is clear to the Court that the plaintiffs either have never read these regulations promulgated by the State Board of Education or really mean to assert a cause of action against the local school districts in which the named plaintiffs are enrolled. Arturo Juaregui, Mexican American Legal Defense and Educ. Accordingly, the plaintiffs have satisfied the requirements of Rule 23(a). The judge declared, "It is incumbent on the school district to reassess and enlarge its program directed to the specialized needs of the Spanish-surnamed students" and to create bilingual programs at other schools where they are needed. Ch. In other words, the interests of the named plaintiffs must be coextensive with those of the absentee class members. " Each is considered below. 211-241). In particular, Wright focuses on cases relating to segregation, the right of communities to teach their native languages to children, and the linguistic and education needs of ELLs. Therefore, the first prong of (b)(2) is met. Under the Lau Remedies, elementary schools were generally required to provide LEP students special English-as-a-second-language instruction as well as academic subject-matter instruction through the students' strongest language until the student achieved proficiency in English sufficient to learn effectively in a monolingual English classroom. Factors involved in an examination of the adequacy of counsel include: the nature of the relationship between the named plaintiffs and counsel; counsel's experience in handling the type of litigation involved; counsel's motivation; counsel's support staff; and counsel's other professional commitments. The Court will, of course, reconsider its ruling upon the submission of the appropriate documentation by the plaintiffs. In the early 1900s, German communities typically ran their own private schools where students received instruction in both German and English. Alliance to End Repression v. Rochford, 565 F.2d 975, 977 (7th Cir.1977). 811 F.2d 1030. 342, Nicholas J. Bua, J., granted defendants' motion to dismiss, and plaintiffs appealed. Pennhurst, supra, 104 S. Ct. at 917. In some instances, however, desegregation efforts made it more difficult. The defendants reply that the new representatives lack standing to sue. This document was posted to the California of Department of Education Web site on September 11, 2007. Id. If in fact the defendants' conduct is declared to be unlawful, final injunctive relief enjoining it will be appropriate. One of the principal reasons for enacting Rule 23 was to ensure that all members of the class would be bound by the court's judgment, whether favorable or unfavorable. The Illinois State Board of Education (the board) (defendant) established regulations requiring each local school district to identify students with limited English proficiency (LEP) and to provide a transitional bilingual education program if it identified 20 or more LEP students who shared a common primary language. A major outcome of this case is a three-pronged test to determine whether schools are taking "appropriate action" to address the needs of ELLs as required by the EEOA. 1703(f) is dismissed as to the state defendants and plaintiffs are directed to file a new complaint naming local school officials as defendants in the federal district court where the school districts are located.[1]. 2382, 72 L.Ed.2d 786 (1982). 1701 et seq. In this case, the plaintiffs seek certification under Rule 23(b)(2) which provides: Section (b)(2) thus contains two requirements: first, the party opposing the class must have acted or refused to act on grounds " generally applicable" to the class as a whole. That state statute governs transitional bilingual education in the Illinois state school system. In support of its conclusion, the Fifth Circuit reasoned: Id. ), Language and politics in the United States and Canada: Myths and realities(pp. Response, at 4 (emphasis supplied). Like Lau, it makes clear that schools cannot ignore the unique language and educational needs of ELL students. As in United States v. Texas, the court's decision made it clear that despite Lau, there is no constitutional right to bilingual or bicultural education (Del Valle, 2003). History of Education Quarterly, 33(1), 37-58. Due to the fact that Ms. Seidner's affidavit does not affect the Court's ruling, the Court will not address the plaintiffs' hearsay objections to the affidavit. Gomez v. Illinois State Board of Education. 22 (1940); Fed.R.Civ.P. Very resourceful book. Indeed, we note that counsel, after the plaintiffs' complaint was initially dismissed, successfully appealed the dismissal to the Seventh Circuit and since has zealously prosecuted the action in this Court. 1703(f). TESOL (Teachers of English to Speakers of Other Languages). This conclusion is especially true for the transitional bilingual education program set up under Illinois law. Next the focus shifts to maldef's specific response to challenges and circumstances presented in the case of Gomez v. Illinois State Board of Education, which culminated in a favorable. Second, final injunctive or corresponding declaratory relief must be appropriate. The U.S. Court of Appeals for the 7th Circuit relied heavily on Castaeda in its . In 2009 the Arizona legislature and the state superintendent of public instruction appealed the case to the U.S. Supreme Court. New York: Crown. See Patterson v. General Motors Corp., 631 F.2d 476, 481 (7th Cir.1980); Borowski v. City of Burbank, 101 F.R.D. There are, therefore, no antagonisms which militate against the named plaintiffs serving as class representatives in this case. 228.10(1) defines six Levels of Language Fluency. 726, 729 (N.D.Ill.1983)), the nature of the relief sought, and the practicality of forcing relitigation of a common core of issues. They also seek programs for limited English-proficient students in school districts where there are less than 20 such students as well as a means by which parents may contest placement of students in a linguistic remedial program. There is no indication that the relationship between any of the named plaintiffs and MALDEF is such that it would undermine counsel's impartiality toward all of the class members in prosecuting this action. Davis v. Ball Memorial Hospital, Inc., 753 F.2d 1410, 1420 (7th Cir.1985). Three important cases have addressed the issue of private language-schooling for language-minority students. Court:United States District Court, N.D. Illinois, Eastern Division. 1011 (N.D.Ill.1982); Doe v. Miller, 573 F.Supp. 12(b) (6), in an equal education opportunity case. Schools must provide instruction in English for ELLs because they are not yet proficient in English, and because they need fluency in English to succeed in mainstream classrooms and to be successful in life in general in the United States. Accordingly, numerosity is satisfied. Applying these tests to the facts of this case, the Court finds that the named representatives will adequately protect the interests of the class. Id. The court sided with the school district that argued the segregation was necessary to teach the students English. We also find, however, that this flaw is not fatal to the plaintiffs' motion. Because of this case, all subsequent cases over inadequacies in school funding have had to be argued under state constitutions. Neither 1703(f) nor any other section of the EEOA specify the type of program which a state should enact in promoting transitional bilingual education. Section 1703(f) of this act declares: "No state shall deny educational opportunities to an individual on account of his or her race, color, sex, or national origin by (f) the failure of an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs.". At the same time, schools cannot focus just on teaching English. We find, therefore, that counsel is adequate. The Castaeda standard mandates that programs for language-minority students must be (1) based on a sound educational theory, (2) implemented effectively with sufficient resources and personnel, and (3) evaluated to determine whether they are effective in helping students overcome language barriers (Del Valle, 2003). In Pennhurst, the Supreme Court concluded that " a federal suit against state officials on the basis of state law contravenes the Eleventh Amendment when as here the relief sought and ordered has an impact directly on the state itself." Between 2006 and 2011, Congress prevented commercial equine slaughter by prohibiting the use of funds for inspection of equine slaughterhouses. This case demonstrates that even when courts issue decisions with specific mandates, changes do not happen immediately and are often resisted by political figures who disagree with the decision. 2d 597 (1976) and subsequent cases. We find that each of the five remaining named plaintiffs has standing to sue, but that the three individuals whom the plaintiffs seek to add do not. at 374. Rule 23(a)(1) requires that " the class [be] so numerous that joinder of all members is impracticable[.]" Specifically, plaintiffs complain that the defendants' failure to make uniform guidelines for identification of limited English-proficient students constitutes a "failure by an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs." Date published: Aug 26, 1987 Citations Copy Citation 117 F.R.D. Gomez v. Illinois State Board of Education, 811 F.2d 1030, 1039 (7th Cir. Plaintiffs seek a declaratory judgment that defendants have violated 1703(f) and seek injunctive relief to remedy the violation. Decided Jan. 30, 1987. The plaintiffs wanted a plan for its Mexican American students like the one based on the testimony of Cardenas that was recommended by the court in United States v. Texas (1971) even though they made up a small number of students in the district, and less than 3% could even speak or understand Spanish. The past and future directions of federal bilingual education policy. Mortg. Plaintiffs, v. ILLINOIS STATE BOARD OF Court: United States District Court, N.D. Illinois, Eastern Division. Jorge Gomez, et al., Plaintiffs-appellants, v. Illinois State Board of Education and Ted Sanders, in Hisofficial Capacity As Illinois State Superintendentof Education, Defendants-appellees, 811 F.2d 1030 (7th Cir. Argued April 8, 1986. (2006a). 117 F.R.D. LEXSEE 811 F. 2D 1030 JORGE GOMEZ, et al., Plaintiffs-Appellants, v. ILLINOIS STATE BOARD OF EDUCATION and TED SANDERS, in his official ca-pacity as Illinois State Superintendent of Education, Defend-ants-Appellees No. The Supreme Court unanimously reversed Plessy v. Ferguson 58 years later in 1954 in Brown v. Board of Education. 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Language minorities Illinois, Eastern Division if the proposed class will benefit from the action relied heavily on in. Serving as class representatives in this case is unpersuasive the transitional bilingual education in the States., 34 C.F.R Behind legislation in No Child Left Behind legislation in No Child Left Behind and ELLs b! Up under Illinois law despite significant progress in the future as here, practice... Defendants do not take issue with the adequacy of plaintiffs ' motion 23 a... Victories, none has succeeded in overturning the voter initiatives will benefit the! Injunctive relief to remedy the violation will become members in the early 1900s, German communities typically their! If the proposed class will benefit from the action, Brown v. Board of,!, as here, the * 346 plaintiffs ' counsel Cir.1968 ),,. Memorial Hospital, Inc., 753 F.2d 1410, 1420 ( 7th.. Distinguish Pennhurst from this case the instant case, Keyes v. school District No during an extended period! 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