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| Home > Statutes > USA Washington |
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USA Statutes : washington
Title : Common school provisions
Chapter : Superintendent of public instruction
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RCW 28A.300.090Vocational agriculture education Service area established Duties.(1) A vocational agriculture education service area within the office of the superintendent of public instruction shall be established. Adequate staffing of individuals trained or experienced in the field of vocational agriculture shall be provided for the vocational agriculture education service area for coordination of the state program and to provide assistance to local school districts for the coordination of the activities of student agricultural organizations and associations. (2) The vocational agriculture education service area shall: (a) Assess needs in vocational agriculture education, assist local school districts in establishing vocational agriculture programs, review local school district applications for approval of vocational agriculture programs, evaluate existing programs, plan research and studies for the improvement of curriculum materials for specialty areas of vocational agriculture. Standards and criteria developed under this subsection shall satisfy the mandates of federally-assisted vocational education; (b) Develop in-service programs for teachers and administrators of vocational agriculture, review application for vocational agriculture teacher certification, and assist in teacher recruitment and placement in vocational agriculture programs; (c) Serve as a liaison with the Future Farmers of America, representatives of business, industry, and appropriate public agencies, and institutions of higher education in order to disseminate information, promote improvement of vocational agriculture programs, and assist in the development of adult and continuing education programs in vocational agriculture; and (d) Establish an advisory task force committee of agriculturists, who represent the diverse areas of the agricultural industry in Washington, which shall make annual recommendations including, but not limited to, the development of curriculum, staffing, strategies for the purpose of establishing a source of trained and qualified individuals in agriculture, and strategies for articulating the state program in vocational agriculture education, including youth leadership throughout the state school system.[1983 1st ex.s. c 34 § 2. Formerly RCW 28A.03.417.] RCW 28A.300.010Election Term of office.A superintendent of public instruction shall be elected by the qualified electors of the state, on the first Tuesday after the first Monday in November of the year in which state officers are elected, and shall hold his or her office for the term of four years, and until his or her successor is elected and qualified.[1990 c 33 § 250; 1969 ex.s. c 223 § 28A.03.010. Prior: 1909 c 97 p 231 § 1; RRS § 4521; prior: 1897 c 118 § 20; 1891 c 127 § 1; 1890 p 348 § 3; Code 1881 § 3154; 1873 p 419 § 1; 1861 p 55 § 1. Formerly RCW 28A.03.010, 28.03.010, 43.11.010.] RCW 28A.300.020Assistant superintendents, deputy superintendent, assistants Terms for exempt personnel. (Effective until January 1, 2006.)The superintendent of public instruction may appoint assistant superintendents of public instruction, a deputy superintendent of public instruction, and may employ such other assistants and clerical help as are necessary to carry out the duties of the superintendent and the state board of education. However, the superintendent shall employ without undue delay the executive director of the state board of education and other state board of education office assistants and clerical help, appointed by the state board under RCW 28A.305.110, whose positions are allotted and funded in accordance with moneys appropriated exclusively for the operation of the state board of education. The rate of compensation and termination of any such executive director, state board office assistants, and clerical help shall be subject to the prior consent of the state board of education. The assistant superintendents, deputy superintendent, and such other officers and employees as are exempted from the provisions of chapter 41.06 RCW, shall serve at the pleasure of the superintendent or at the pleasure of the superintendent and the state board of education as provided in this section. Expenditures by the superintendent of public instruction for direct and indirect support of the state board of education are valid operational expenditures by and in behalf of the office of the superintendent of public instruction.[1996 c 25 § 2; 1969 ex.s. c 223 §28A.03.020 . Prior: 1967 c 158 § 3; 1909 c 97 p 234 § 4; RRS § 4524; prior: 1905 c 56 § 1; 1903 c 104 § 10; 1897 c 118 § 23; 1890 p 351 § 5. Formerly RCW 28A.03.020, 28.03.020, 43.11.020.]RCW 28A.300.020Assistant superintendents, deputy superintendent, assistants Terms for exempt personnel. (Effective January 1, 2006.)The superintendent of public instruction may appoint assistant superintendents of public instruction, a deputy superintendent of public instruction, and may employ such other assistants and clerical help as are necessary to carry out the duties of the superintendent and the state board of education. However, the superintendent shall employ without undue delay the executive director of the state board of education and other state board of education office assistants and clerical help, appointed by the state board under RCW 28A.305.130, whose positions are allotted and funded in accordance with moneys appropriated exclusively for the operation of the state board of education. The rate of compensation and termination of any such executive director, state board office assistants, and clerical help shall be subject to the prior consent of the state board of education. The assistant superintendents, deputy superintendent, and such other officers and employees as are exempted from the provisions of chapter 41.06 RCW, shall serve at the pleasure of the superintendent or at the pleasure of the superintendent and the state board of education as provided in this section. Expenditures by the superintendent of public instruction for direct and indirect support of the state board of education are valid operational expenditures by and in behalf of the office of the superintendent of public instruction.[2005 c 497 § 403; 1996 c 25 § 2; 1969 ex.s. c 223 § 28A.03.020. Prior: 1967 c 158 § 3; 1909 c 97 p 234 § 4; RRS § 4524; prior: 1905 c 56 § 1; 1903 c 104 § 10; 1897 c 118 § 23; 1890 p 351 § 5. Formerly RCW 28A.03.020, 28.03.020, 43.11.020.]Notes:Intent -- Part headings not law -- Effective date -- 2005 c 497: See notes following RCW 28A.305.011. RCW 28A.300.030Assistance of educational service district boards and superintendents Scope.The superintendent of public instruction, by rule or regulation, may require the assistance of educational service district boards and/or superintendents in the performance of any duty, authority, or power imposed upon or granted to the superintendent of public instruction by law or by the Constitution of the state of Washington, upon such terms and conditions as the superintendent of public instruction shall establish. Such authority to assist the superintendent of public instruction shall be limited to the service function of information collection and dissemination and the attestment to the accuracy and completeness of submitted information.[1975 1st ex.s. c 275 § 46; 1971 ex.s. c 282 § 29. Formerly RCW 28A.03.028.]Notes:Severability -- 1971 ex.s. c 282: See note following RCW 28A.310.010. RCW 28A.300.035Assistance of certificated or classified employee Reimbursement for substitute.If the superintendent of public instruction or the state board of education, in carrying out their powers and duties under Title 28A RCW, request the service of any certificated or classified employee of a school district upon any committee formed for the purpose of furthering education within the state, or within any school district therein, and such service would result in a need for a school district to employ a substitute for such certificated or classified employee during such service, payment for such a substitute may be made by the superintendent of public instruction from funds appropriated by the legislature for the current use of the common schools and such payments shall be construed as amounts needed for state support to the common schools under RCW 28A.150.380. If such substitute is paid by the superintendent of public instruction, no deduction shall be made from the salary of the certificated or classified employee. In no event shall a school district deduct from the salary of a certificated or classified employee serving on such committee more than the amount paid the substitute employed by the district.[1994 c 113 § 1; 1990 c 33 § 147; 1973 1st ex.s. c 3 § 1. Formerly RCW 28A.160.220, 28A.41.180.] RCW 28A.300.040Powers and duties.In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be: (1) To have supervision over all matters pertaining to the public schools of the state; (2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools; (3) To prepare and have printed such forms, registers, courses of study, rules for the government of the common schools, and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents; (4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials; (5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and28C RCW, rules related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount; (6) To act as ex officio member and the chief executive officer of the state board of education; (7) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to; (8) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct; (9) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state; (10) To issue certificates as provided by law; (11) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education; (12) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction; (13) To administer oaths and affirmations in the discharge of the superintendent's official duties; (14) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office; (15) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025; (16) To promote the adoption of school-based curricula and policies that provide quality, daily physical education for all students, and to encourage policies that provide all students with opportunities for physical activity outside of formal physical education classes; (17) To perform such other duties as may be required by law.[2005 c 360 § 6; 1999 c 348 § 6; 1992 c 198 § 6; 1991 c 116 § 2; 1990 c 33 § 251; 1982 c 160 § 2; 1981 c 249 § 1; 1977 c 75 § 17; 1975 1st ex.s. c 275 § 47; 1971 ex.s. c 100 § 1; 1969 ex.s. c 176 § 102; 1969 ex.s. c 223 § 28A.03.030. Prior: 1967 c 158 § 4; 1909 c 97 p 231 § 3; RRS § 4523; prior: 1907 c 240 § 1; 1903 c 104 § 9; 1901 c 177 § 5; 1901 c 41 § 1; 1899 c 142 § 4; 1897 c 118 § 22; 1891 c 127 §§ 1, 2; 1890 pp 348-351 §§ 3, 4; Code 1881 §§ 3155-3160; 1873 p 419 §§ 2-6; 1861 p 55 §§ 2, 3, 4. Formerly RCW 28A.03.030, 28.03.030, 43.11.030.]Notes:Findings -- Intent -- 2005 c 360: See note following RCW 36.70A.070.Intent -- 1999 c 348: See note following RCW 28A.205.010.Severability -- Effective date -- 1992 c 198: See RCW 70.190.910 and 70.190.920.Severability -- 1982 c 160: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 c 160 § 4.]Rights preserved -- Severability -- 1969 ex.s. c 176: See notes following RCW 28A.310.010.Studies -- 1969 ex.s. c 283: "The superintendent of public instruction is directed to develop, prepare and make available information as follows: (1) A budgetary study of the fiscal impact which would result from payment to substitute teachers, who are on a continuing basis of twelve or more days within any calendar month, at a rate of pay commensurate with their training and experience and at a per diem salary in proportion to the salary for which that teacher would be eligible as a full time teacher; (2) A study showing the percentage of high school graduates who go on to an institution of higher education, including community colleges, the distribution of such students, and the percentage thereof which continue in higher education through the various grades or years thereof; and (3) A study of the fiscal impact of establishing one hundred and eighty days as the base salary period for all contracts with certificated employees." [1969 ex.s. c 283 § 8.]Severability -- 1969 ex.s. c 283: See note following RCW 28A.150.050. RCW 28A.300.050Assistance to state board for activities involving professional educator excellence.The superintendent of public instruction shall provide technical assistance to the state board of education in the conduct of the activities described in *sections 202 through 232 of this act.[1990 c 33 § 252; 1987 c 525 § 227. Formerly RCW 28A.03.375.]Notes:*Reviser's note: In addition to vetoed and temporary uncodified sections, "sections 202 through 232 of this act" [1987 c 525] includes the enactment of RCW 28A.04.122, 28A.70.010, 28A.04.167, 28A.70.400 through 28A.70.408, 28A.70.040, 28A.04.170, 28A.04.172, 28A.70.042, 28A.04.174, 28A.04.176, 28A.70.900, 28A.04.178, and 28A.03.375.Intent -- Short title -- 1987 c 525 §§ 202-233: See notes following RCW 28A.410.040.Severability -- 1987 c 525: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 525 § 305.] RCW 28A.300.060Studies and adoption of classifications for school district budgets Publication.The superintendent of public instruction and the state auditor jointly, and in cooperation with the senate and house committees on education, shall conduct appropriate studies and adopt classifications or revised classifications under RCW 28A.505.100, defining what expenditures shall be charged to each budget class including administration. The studies and classifications shall be published in the form of a manual or revised manual, suitable for use by the governing bodies of school districts, by the superintendent of public instruction, and by the legislature.[1991 c 116 § 3; 1990 c 33 § 253; 1975-'76 2nd ex.s. c 118 § 23; 1975 1st ex.s. c 5 § 1. Formerly RCW 28A.03.350.]Notes:Severability -- 1975-'76 2nd ex.s. c 118: See note following RCW 28A.505.010. RCW 28A.300.065Classification and numbering system of school districts.(1) The superintendent of public instruction is responsible for the classification and numbering system of school districts. (2) Any school district in the state that has a student enrollment in its public schools of two thousand pupils or more, as shown by evidence acceptable to the educational service district superintendent and the superintendent of public instruction, is a school district of the first class. Any other school district is a school district of the second class. (3) Whenever the educational service district superintendent finds that the classification of a school district should be changed, and upon the approval of the superintendent of public instruction, the educational service district superintendent shall make an order in conformity with his or her findings and alter the records of his or her office accordingly. Thereafter, the board of directors of the district shall organize in the manner provided by law for the organization of the board of a district of the class to which the district then belongs. (4) Notwithstanding any other provision of chapter 43, Laws of 1975, the educational service district superintendent, with the concurrence of the superintendent of public instruction, may delay approval of a change in classification of any school district for a period not exceeding three years when, in fact, the student enrollment of the district within any such time period does not exceed ten percent, either in a decrease or increase thereof.[1999 c 315 § 202.]Notes:Part headings and captions not law -- 1999 c 315: See RCW 28A.315.901. RCW 28A.300.070Receipt of federal funds for school purposes Superintendent of public instruction to administer.The state of Washington and/or any school district is hereby authorized to receive federal funds made or hereafter made available by acts of congress for the assistance of school districts in providing physical facilities and/or maintenance and operation of schools, or for any other educational purpose, according to provisions of such acts, and the state superintendent of public instruction shall represent the state in the receipt and administration of such funds.[1969 ex.s. c 223 § 28A.02.100. Prior: 1943 c 220 § 4; Rem. Supp. 1943 § 5109-4. Formerly RCW 28A.02.100, 28.02.100.] RCW 28A.300.080Vocational agriculture education Intent.The legislature recognizes that agriculture is the most basic and singularly important industry in the state, that agriculture is of central importance to the welfare and economic stability of the state, and that the maintenance of this vital industry requires a continued source of trained and qualified individuals who qualify for employment in agriculture and agribusiness. The legislature declares that it is within the best interests of the people and state of Washington that a comprehensive vocational education program in agriculture be maintained in the state's secondary school system.[1983 1st ex.s. c 34 § 1. Formerly RCW 28A.03.415.] RCW 28A.300.100Vocational agriculture education Superintendent to adopt rules.The superintendent of public instruction, pursuant to chapter 34.05 RCW, shall adopt such rules as are necessary to carry out the provisions of RCW 28A.300.090.[1990 c 33 § 254; 1983 1st ex.s. c 34 § 3. Formerly RCW 28A.03.419.] RCW 28A.300.120Administrative hearing Contract to conduct authorized Final decision.Whenever a statute or rule provides for a formal administrative hearing before the superintendent of public instruction under chapter 34.05 RCW, the superintendent of public instruction may contract with the office of administrative hearings to conduct the hearing under chapter 34.12 RCW and may delegate to a designee of the superintendent of public instruction the authority to render the final decision.[1985 c 225 § 1. Formerly RCW 28A.03.500.] RCW 28A.300.130Center for the improvement of student learning Educational improvement and research Clearinghouse for academic achievement and accountability commission and for information regarding educational improvement and parental involvement programs.(1) Expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The primary purpose of the center is to provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning requirements pursuant to *RCW 28A.630.885. The center shall work in conjunction with the academic achievement and accountability commission, educational service districts, institutions of higher education, and education, parent, community, and business organizations. (2) The center, in conjunction with other staff in the office of the superintendent of public instruction, shall: (a) Serve as a clearinghouse for the completed work and activities of the academic achievement and accountability commission; (b) Serve as a clearinghouse for information regarding successful educational improvement and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational improvement initiatives in Washington schools and districts; (c) Provide best practices research and advice that can be used to help schools develop and implement: Programs and practices to improve instruction of the essential academic learning requirements under **section 701 of this act; systems to analyze student assessment data, with an emphasis on systems that will combine the use of state and local data to monitor the academic progress of each and every student in the school district; comprehensive, school-wide improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs and practices to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; research, information, and technology systems; and other programs and practices that will assist educators in helping students learn the essential academic learning requirements; (d) Develop and distribute, in conjunction with the academic achievement and accountability commission, parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education; (e) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff; (f) Develop and maintain an internet web site to increase the availability of information, research, and other materials; (g) Take other actions to increase public awareness of the importance of parental and community involvement in education; (h) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available and the broadened school board powers under RCW 28A.320.015; (i) Provide training and consultation services, including conducting regional summer institutes; (j) Address methods for improving the success rates of certain ethnic and racial student groups; and (k) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section. (3) The superintendent of public instruction, after consultation with the academic achievement and accountability commission, shall select and employ a director for the center. (4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; educational service districts; educational organizations; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.[1999 c 388 § 401; 1996 c 273 § 5; 1993 c 336 § 501; 1986 c 180 § 1. Formerly RCW 28A.03.510.]Notes:Reviser's note: *(1) RCW 28A.630.885 was recodified as RCW 28A.655.060 pursuant to 1999 c 388 § 607. RCW 28A.655.060 was subsequently repealed by 2004 c 19 § 206. **(2) "Section 701 of this act" refers to a section in a version of Senate Bill No. 5418 that was not enacted into law.Part headings and captions not law -- Severability -- 1999 c 388: See RCW 28A.655.901 and 28A.655.902.Effective date -- 1996 c 273: See note following RCW 28A.300.290.Findings -- Intent -- Part headings not law -- 1993 c 336: See notes following RCW 28A.150.210.Findings -- 1993 c 336: See note following RCW 28A.150.210.Definitions: RCW 28A.655.010. RCW 28A.300.150Information on child abuse and neglect prevention curriculum Superintendent's duties.The superintendent of public instruction shall collect and disseminate to school districts information on child abuse and neglect prevention curriculum. The superintendent of public instruction and the departments of social and health services and community, trade, and economic development shall share relevant information.[1994 c 245 § 8; 1987 c 489 § 2. Formerly RCW 28A.03.512.]Notes:Intent -- 1987 c 489: "It is the intent of the legislature to make child abuse and neglect primary prevention education and training available to children, including preschool age children, parents, school employees, and licensed day care providers." [1987 c 489 § 1.] RCW 28A.300.160Development of coordinated primary prevention program for child abuse and neglect Office as lead agency.(1) The office of the superintendent of public instruction shall be the lead agency and shall assist the department of social and health services, the department of community, trade, and economic development, and school districts in establishing a coordinated primary prevention program for child abuse and neglect. (2) In developing the program, consideration shall be given to the following: (a) Parent, teacher, and children's workshops whose information and training is: (i) Provided in a clear, age-appropriate, nonthreatening manner, delineating the problem and the range of possible solutions; (ii) Culturally and linguistically appropriate to the population served; (iii) Appropriate to the geographic area served; and (iv) Designed to help counteract common stereotypes about child abuse victims and offenders; (b) Training for school age children's parents and school staff, which includes: (i) Physical and behavioral indicators of abuse; (ii) Crisis counseling techniques; (iii) Community resources; (iv) Rights and responsibilities regarding reporting; (v) School district procedures to facilitate reporting and apprise supervisors and administrators of reports; and (vi) Caring for a child's needs after a report is made; (c) Training for licensed day care providers and parents that includes: (i) Positive child guidance techniques; (ii) Physical and behavioral indicators of abuse; (iii) Recognizing and providing safe, quality day care; (iv) Community resources; (v) Rights and responsibilities regarding reporting; and (vi) Caring for the abused or neglected child; (d) Training for children that includes: (i) The right of every child to live free of abuse; (ii) How to disclose incidents of abuse and neglect; (iii) The availability of support resources and how to obtain help; (iv) Child safety training and age-appropriate self-defense techniques; and (v) A period for crisis counseling and reporting immediately following the completion of each children's workshop in a school setting which maximizes the child's privacy and sense of safety. (3) The primary prevention program established under this section shall be a voluntary program and shall not be part of the basic program of education. (4) Parents shall be given notice of the primary prevention program and may refuse to have their children participate in the program.[1995 c 399 § 21; 1987 c 489 § 3. Formerly RCW 28A.03.514.]Notes:Intent -- 1987 c 489: See note following RCW 28A.300.150. RCW 28A.300.170State general fund Estimates for state support to public schools, from.At such time as the governor shall determine under the provisions of chapter 43.88 RCW, the superintendent of public instruction shall submit such detailed estimates and other information to the governor and in such form as the governor shall determine of the total estimated amount required for appropriation from the state general fund for state support to public schools during the ensuing biennium.[1980 c 6 § 2; 1969 ex.s. c 223 § 28A.41.040. Prior: 1945 c 141 § 11; Rem. Supp. 1945 § 4940-9. Formerly RCW 28A.41.040, 28.41.040.]Notes:Severability -- 1980 c 6: See note following RCW 28A.515.320.
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