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Tuesday, 18 Dec 2018

Written Answers Nos. 173-192

Public Sector Pensions

Ceisteanna (173)

Paul Kehoe

Ceist:

173. Deputy Paul Kehoe asked the Minister for Public Expenditure and Reform if a member of An Garda Síochána (details supplied) with a break in service has the option of retaining the original pension terms; and if he will make a statement on the matter. [53021/18]

Amharc ar fhreagra

Freagraí scríofa

Section 10 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 provides that where a person commences pensionable public service after 1 January 2013 they shall be entered into the Single Scheme. Membership of the Single Scheme also applies to former pensionable public servants returning to pensionable public service employment after a break of more than 26 weeks.

That being the legislated position, any person meeting such criteria must be entered into the Single Scheme.

Individual queries regarding superannuation arrangements as they apply to each public servant are a matter, in the first instance, for the relevant public service employer, An Garda Síochána.

Public Sector Staff Retirements

Ceisteanna (174)

Michael McGrath

Ceist:

174. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the situation regarding public service employees who are on or about to participate in the interim arrangements of a fixed one-year contract and may have wished to avail of the proposed extension to 70 years of age but for whom the Public Service Superannuation (Age of Retirement) Bill 2018 may have come too late; if consideration will be given to accommodating them under the terms of the Bill; and if he will make a statement on the matter. [53048/18]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my answer to Question No. 193 of 13 November 2018.

The Deputy's attention is drawn to an amendment to the Bill proposed by Deputy Barry Cowen which was accepted at Committee Stage on 11 December. The effect of the amendment is to require a report to be prepared within 3 months of the passing of the Bill which looks at the group of public servants who reached the age of 65 between 6 December 2017 and the commencement of the Bill and on potential remedies to assist that cohort of workers.

Public Sector Staff Retirements

Ceisteanna (175)

Michael Healy-Rae

Ceist:

175. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform the timeframe for mandatory retirement in the public service (details supplied); and if he will make a statement on the matter. [53382/18]

Amharc ar fhreagra

Freagraí scríofa

The Public Service Superannuation (Age of Retirement) Bill 2018 passed all stages in the Seanad on 17 July. It passed Committee Stage in the Dail on 11 December and is scheduled for Report and Final Stages in the Dáil on 18 and 19 December. The Bill is scheduled to be re-committed to the Seanad on 20 December to consider amendments to the Bill that were agreed in the Dáil.

Subject to its successful passage through both Houses of the Oireachtas, the Bill will then be presented to the President for signature.

Youth Guarantee

Ceisteanna (176)

John Brady

Ceist:

176. Deputy John Brady asked the Minister for Education and Skills the amount of funding drawn down as part of the Youth Guarantee since 2013; the amount spent to date; and if he will make a statement on the matter. [53421/18]

Amharc ar fhreagra

Freagraí scríofa

The Youth Employment Initiative (YEI) is one of the main EU financial resources to support the implementation of the EU youth guarantee. The YEI is integrated into European Social Fund (ESF) programming as a dedicated priority axis within the ESF Programme for Employability, Inclusion and Learning 2014-2020 (PEIL). The specific YEI allocation for Ireland of €68m (for 2014 and 2015) is matched by equal amounts from our ESF allocation and from the Exchequer, giving an overall total allocation of €204m. Ireland was not eligible for an additional allocation under the second YEI allocation arising from the mid-term revision of the Multi-annual Financial Framework in 2017.

All ESF activities, including YEI activities, are fully funded up-front by the Exchequer with the EU (ESF/YEI) funding being claimed in arrears. Seven activities were originally selected for YEI funding namely, the Back to Work Enterprise Allowance (BTWEA); JobBridge; JobsPlus; Momentum; Social Inclusion and Community Activation Programme (SICAP); Tús; and Youthreach. Improvements in the rate of youth unemployment coupled with the discontinuance of the JobBridge and Momentum schemes, had consequences for the expenditure expected on YEI activities. Consequently, the Programme Monitoring Committee agreed to the inclusion of the Community Training Centres; the Defence Forces Employment Support Scheme (DFESS) and the Youth Employment Support Scheme (YESS) under the YEI. At the same time, the Committee agreed to the removal of the Tús, JobBridge and the Social Inclusion and Community Activation Programme from the YEI, having unsuccessfully explored the potential to use Simplified Cost Option models and/or in the light of audit trail difficulties. The current gross allocations under the YEI for the activities are:

Activity

Gross Allocation(co-financed ?ESF; ?YEI and ?Exchequer)

(BTWEA) Scheme

€4,647,870

JobsPlus

€7,992,000

Youthreach

€101,156,387

Momentum

€13,800,000

CTCs

€60,000,000

DFESS

€840,000

YESS

€16,000,000

Total

€204,436,257

The first payment application in respect of the PEIL, which included €112m in respect of YEI activities, was submitted to the European Commission in November 2018. Receipts of €67.35m have been received from the Commission in respect of the YEI/ESF contributions towards the YEI activities.

In accordance with the ESF Regulations, initial and annual pre-financing EU support for the YEI priority axis of €8.5m has also been received to date.

The ESF authorities will ensure that sufficient payment applications are submitted to fully drawdown the YEI funding allocations.

In addition, the Department of Employment Affairs and Social Protection previously advised that it had obtained EU funding of €250,000 under the European Commission’s call for proposals for preparatory actions under the Youth Guarantee Pilot, to pilot a Youth Guarantee Scheme in Ballymun which operated in 2014.

Special Educational Needs

Ceisteanna (177)

Robert Troy

Ceist:

177. Deputy Robert Troy asked the Minister for Education and Skills if full SNA hours will be allocated to a person (details supplied). [52706/18]

Amharc ar fhreagra

Freagraí scríofa

The National Council for Special Education (NCSE) is responsible for allocating a quantum of Special Needs Assistant (SNA) support for each school annually taking into account the assessed care needs of children qualifying for SNA support enrolled in the school.

The NCSE allocates SNA support to schools in accordance with the criteria set out in Department Circular 0030/2014, which is available on my Department's website at www.education.ie, in order that students who have care needs can access SNA support as and when it is needed.

In considering applications for SNA support for individual pupils, the NCSE take account of the pupils' needs and consider the resources available to the school to identify whether additionality is needed or whether the school might reasonably be expected to meet the needs of the pupils from its current level of resources.

SNAs are not allocated to individual children but to schools as a school based resource.

As this question relates to a particular child, I have referred the question to the NCSE for their direct reply. I do not have a role in making determinations in individual cases.

Departmental Funding

Ceisteanna (178, 179, 183)

Eoin Ó Broin

Ceist:

178. Deputy Eoin Ó Broin asked the Minister for Education and Skills the status of the emergency funding for repair work at a centre (details supplied); the reason his Department has not yet replied to the Dublin and Dún Laoghaire Education and Training Board report that was submitted in October 2018; and when the funding will be approved and provided. [52721/18]

Amharc ar fhreagra

Gino Kenny

Ceist:

179. Deputy Gino Kenny asked the Minister for Education and Skills the status of the emergency funding for repair work at a centre (details supplied); the reason his Department has not replied to the Dublin and Dún Laoghaire Education and Training Board report that was submitted in October 2018; when funding will be approved and provided; and if he will make a statement on the matter. [52724/18]

Amharc ar fhreagra

John Curran

Ceist:

183. Deputy John Curran asked the Minister for Education and Skills the status of the emergency funding for repair work at a centre (details supplied); the reason his Department has not replied to the Dublin and Dún Laoghaire Education and Training Board report that was submitted in October 2018; when funding will be approved and provided; and if he will make a statement on the matter. [52755/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to answer Questions Nos. 178, 179 and 183 together.

I can confirm that the Department has received the report referred to by the Deputies. The report is currently being reviewed by officials within my Department and I expect this review to be completed very shortly. A decision on the matter will be notified to the Dublin and Dún Laoghaire ETB immediately thereafter.

Schools Building Projects

Ceisteanna (180)

Brendan Griffin

Ceist:

180. Deputy Brendan Griffin asked the Minister for Education and Skills the status of a request by a school (details supplied) for funding to build a new school on a greenfield site in view of the fact that its existing site is not suitable; and if he will make a statement on the matter. [52733/18]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that a building project for the school in question is included on my Department's Construction Programme.

My Department is currently considering the options available to address the school's accommodation needs and will be in further contact with the school authority when this process has been completed.

Redundancy Data

Ceisteanna (181)

Bríd Smith

Ceist:

181. Deputy Bríd Smith asked the Minister for Education and Skills the reason redundancy offers to school secretaries are capped at a maximum of two years' salary; when the cap was introduced; and if it applies to other grades and positions in his Department and related sectors. [52739/18]

Amharc ar fhreagra

Freagraí scríofa

Redundancy terms in the Education and Training Sector, including those offered to qualifying school secretaries, derive from a collective agreement made in June 2012 between the Department of Public Expenditure and Reform on behalf of the Government and the Public Services Committee of the Irish Congress of Trade Unions, and a subsequent decision of the Labour Court in 2014.

These terms include a cap on the total statutory redundancy and ex-gratia payment not exceeding 2-years' pay, or one half of the salary payable to preserved pension age, whichever is the less.

This scheme currently applies to all Public Servant employees in the Education and Training Sector who qualify under the terms set out in the agreement.

My Department has no discretion to operate outside of the terms of this redundancy scheme.

Public Sector Pensions

Ceisteanna (182)

Peter Fitzpatrick

Ceist:

182. Deputy Peter Fitzpatrick asked the Minister for Education and Skills when a person (details supplied) will receive a pension increase; and if he will make a statement on the matter. [52753/18]

Amharc ar fhreagra

Freagraí scríofa

The person to whom the Deputy refers is a former employee of an Institute of Technology. It is the responsibility of each Institute to administer the rules of the relevant pension scheme for its members which includes applying pension increases which are sanctioned by my Department in consultation with the Minister for Public Expenditure and Reform.

Officials in my Department have requested the Institute in question to make direct contact the person concerned to advise him of his entitlements in this regard.

Question No. 183 answered with Question No. 178.

Speech and Language Therapy

Ceisteanna (184, 236)

Thomas Byrne

Ceist:

184. Deputy Thomas Byrne asked the Minister for Education and Skills the number of speech therapists engaged full-time in the demonstration project on speech therapy. [52758/18]

Amharc ar fhreagra

Thomas Byrne

Ceist:

236. Deputy Thomas Byrne asked the Minister for Education and Skills the actions taken to date in 2018 to improve access to speech and language therapy through the education system; and if he will make a statement on the matter. [53218/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to answer Questions Nos. 184 and 236 together.

The Deputy will be aware that a demonstration project to provide in-school and pre-school therapy services has been introduced for the 2018/19 school year.

The demonstration project is being developed by a Working Group which includes representatives from the Departments of Education, Children and Youth Affairs, Health, and the Health Service Executive (HSE).

The project is being managed and co-ordinated by the National Council for Special Education with clinical support also being provided by two HSE Therapy Managers which have been assigned to the project.

It is intended that 19 Speech and Language Therapists will assigned to the Project, of which 16 are currently in place. It is expected that the remaining 3 Speech and Language Therapists will be in place by January 2019.

It is also intended that 12 Occupational Therapists will be assigned to the Project, of which 11 are currently in place. It is expected that the remaining Occupational Therapist will be assigned by January 2019.

The purpose of the project is to test a model of tailored therapeutic supports that allows for early intervention in terms of providing speech and language and occupational therapy within ‘educational settings’. This innovative pilot will complement existing HSE funded provision of essential therapy services.

The project is taking place in Community Healthcare Organisation (CHO) 7 Region of South West Dublin, Kildare, and West Wicklow.

This region has been selected to ensure that the pre-school and in-school therapy model can be tested in both urban and rural locations and with a suitable mix of various types of schools and pre-schools.

75 schools, including a representative sample of primary, post primary, and special schools will take part in the project.

75 Pre-school settings associated with primary schools participating in the project are being included in order to provide for therapy interventions to be made at the earliest possible time and to create linkages between pre-school and primary school provision.

In total, 150 settings will participate in the demonstration project.

The list of the participating schools and pre-schools has been published on my Departments website.

The model is designed to provide for a clinical Speech and Language and Occupational Therapy service delivery model of Specialist, Targeted and Universal supports in line with best practice for pupils which will see them receiving supports along a continuum of provision depending on the extent or severity of needs of the child/pupil.

The project will be evaluated over the course of the 2018/19 school year with considerations regarding any possible extension of the service following the evaluation process.

Schools Amalgamation

Ceisteanna (185)

Micheál Martin

Ceist:

185. Deputy Micheál Martin asked the Minister for Education and Skills his plans for a school (details supplied); and if he will make a statement on the matter. [52760/18]

Amharc ar fhreagra

Freagraí scríofa

I can confirm to the Deputy that the decision making authority for school amalgamations belongs to the Patron/Trustees of a school, and this is subject to the approval of the Minister for Education and Skills. Any proposed changes involves extensive negotiations at local level and must be well planned and managed in a manner that accommodates the interests of students, parents, teachers, local communities and contributes to an inclusive education system.

In this regard, correspondence from the relevant ETB was received in recent days. Once my Department has had an opportunity to consider same further contact will be made with the ETB.

Special Educational Needs

Ceisteanna (186, 187)

Jonathan O'Brien

Ceist:

186. Deputy Jonathan O'Brien asked the Minister for Education and Skills if an appeals procedure for staffing allocations to special schools will be implemented (details supplied). [52761/18]

Amharc ar fhreagra

Jonathan O'Brien

Ceist:

187. Deputy Jonathan O'Brien asked the Minister for Education and Skills if his attention has been drawn to the fact that his Department and a person (details supplied) deny having responsibility for adjudicating an appeal from a special school, stating that such responsibility rests with the National Council for Special Education, which, in turn, argues that it rests with his Department, thus leaving special schools in a state of suspension. [52762/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to answer Questions Nos. 186 and 187 together.

The National Council for Special Education (NCSE) is responsible for determining the appropriate staffing levels in relation to the support of pupils with special educational needs in special schools, in accordance with the policies of my Department.

Enhanced pupil teacher and SNA ratios are provided to special schools to support them in dealing with pupils' educational and care needs. Since 2012, special schools are staffed on the basis of their actual pupil profiles and the disability category of each pupil, as opposed to being based principally on school designation, in accordance with my Department's Circular 0042/2011.

Special school staffing allocations are reviewed and updated each year by the NCSE and schools are staffed on the basis of each year’s school enrolments, unlike mainstream primary and post primary schools, which are allocated staffing based on staffing schedules.

Where a special school has a query in relation to their allocation, they can discuss their concerns, in the first instance, with the Special Education Needs Officer (SENO) who will provide the basis for, and background to, their class teacher allocation. Where a special school is unhappy with the SENO's decision, the advice of the Senior SENO may be sought on the matter.

Special Schools are advised of their teaching and SNA staffing allocations at the same time. Following the Government's decision of 5th July 2017, that the allocation of SNAs would now be part of the annual Estimates process, this has allowed the NCSE to make staffing allocations to special schools much earlier than in previous years. Special Schools were advised of their staffing allocation on 20th May 2018.

I have recently requested the NCSE to develop policy advice on the educational provision that should be in place for students educated in special schools and classes and make recommendations on the provision required to enable students in special schools and classes achieve better outcomes. Issues in relation to appeals will also be considered.

The NCSE have been asked to complete and submit it’s report to the Minister not later than June 2020. There will be no change to the staffing arrangements currently in place in special schools, pending the receipt of this policy advice.

Special Educational Needs Data

Ceisteanna (188)

Jonathan O'Brien

Ceist:

188. Deputy Jonathan O'Brien asked the Minister for Education and Skills his plans to implement a study of the requirements for special school places, particularly in the area of autism spectrum disorder, ASD, and complex needs (details supplied). [52763/18]

Amharc ar fhreagra

Freagraí scríofa

The National Council for Special Education (NCSE) has a statutory function to plan and co-ordinate the provision of education and support services to children with special educational needs, in consultation with the relevant education partners and the Health Service Executive (HSE).

This includes identifying the need for special class and special school placements nationally on an ongoing basis.

The NCSE is aware of emerging need from year to year, and where specialised provision is required to support children with Special Educational Needs including Autism, it is planned and established to meet that need.

My Department's policy is to provide for the inclusive education of children with special educational needs, including Autism (ASD), in mainstream school settings, unless such a placement would not be in the best interests of the child concerned, or the children with whom they will be educated.

The greater proportion of children with ASD attend mainstream class, where they may access additional supports if required.

Some students with ASD, although academically able to access the curriculum in mainstream, may find it too difficult to manage full-time placement there and placement in an ASD special class should be considered.

Special classes are part of a continuum of educational provision that enables students with more complex special educational needs to be educated, in smaller class groups, within their local mainstream schools. They offer a supportive learning environment to students who are unable to access the curriculum in a mainstream class, even with support, for most or all of their school day.

Students enrolled in special classes should be included in mainstream classes to the greatest extent possible, in line with their abilities.

Special school placements are provided for other students with ASD and very complex special needs who wouldn’t manage in a mainstream school even for part of the week. Enrolment of a child in a special school is based on a professional assessment in consultation with the National Council for Special Education (NCSE).

From time to time, the NCSE identifies local areas where additional provision is required. In those circumstances, Special Education Needs Organisers (SENO) work with the schools and families concerned to resolve the issues involved.

My Department is aware that the establishment of special provision in some schools and communities can be challenging.

The Education (Admission to Schools) Act 2018 will assist in addressing this issue in areas where the NCSE is of the opinion that there is insufficient education provision for children with special educational needs.

Section 8 of the Act, which commenced on Monday 3rd December 2018, provides the Minister with a power, after a process of consultation with the NCSE, the board of management and the patron of the school, to compel a school to make additional provision for the education of children with special educational needs.

My Department continues to work with the NCSE to ensure that there is appropriate planning in place to ensure that all children who require special class placements can access such placements in schools within their communities. To this end the Department and the NCSE have convened a working group to put in place a new working protocol to ensure that there is effective pro-active planning and timely delivery of specialist educational places for students in special classes and special schools.

The focus of the working group is to guide the development of necessary placements in schools in the short, medium and longer terms to meet the anticipated needs of pupils and to ensure that any necessary school building or refurbishment and school transport considerations are resolved as early as possible so that placement options can be accessed where and when they are needed.

Special Educational Needs

Ceisteanna (189)

Jonathan O'Brien

Ceist:

189. Deputy Jonathan O'Brien asked the Minister for Education and Skills if a review pertaining to the reduction in paperwork requirements for special schools, particularly the personal pupil plans when requesting one extra SNA, will be implemented. [52764/18]

Amharc ar fhreagra

Freagraí scríofa

The National Council for Special Education (NCSE) is responsible for allocating a quantum of Special Needs Assistant (SNA) support for each school annually taking into account the assessed care needs of children qualifying for SNA support enrolled in the school.

The NCSE allocates SNA support to schools in accordance with the criteria set out in Department Circular 0030/2014, which is available on my Department's website at www.education.ie, in order that students who have care needs can access SNA support as and when it is needed. As stated in the Circular, when an application for support is being made, it is important to ensure, by way of the Personal Pupil Plan (PPP), that the school has a clear plan for how the support will be utilised and the timeframe for which it is expected to be required.

A new model of allocation of SNA support is currently being considered by my Department. The Comprehensive Review of the Special Needs Assistant Scheme, published by the NCSE on 30 May 2018, has recommended the development of a frontloaded model for allocating SNA support to schools for children with special educational needs who have additional care needs.

The introduction of such a model of allocation would reduce, and in many cases eliminate, the need for individual applications and professional assessments in order to access resources. In the interim, there are no plans to change the application process criteria.

Schools Health and Safety

Ceisteanna (190)

Jonathan O'Brien

Ceist:

190. Deputy Jonathan O'Brien asked the Minister for Education and Skills his views on what is a reasonable timeframe for a response from the NCSE when violent behaviour is reported and staff continue to deal with said violent behaviour in the interim, taking into account the professional judgment of the principal, as they deal with the issues raised on a daily basis. [52765/18]

Amharc ar fhreagra

Freagraí scríofa

The Board of Management of each school is responsible for the care and safety of all pupils and employees in their school. In this regard, schools are required to have a range of policies and procedures in place which are conducive to the provision of high quality teaching, learning and student engagement.

Students who have a challenging behavioural needs should, in the first instance, be supported by teachers, other staff members and by whole school polices on the management of behaviour in schools. The emphasis in the school situation should be on the development of well co-ordinated interventions in response to the student's identified needs.

Tusla's Educational Welfare Service, under the aegis of the Minister for Children and Youth Affairs, has published guidelines for schools on Codes of Behaviour which all schools are required by law to have in place.

Schools may seek advice from their local National Educational Psychological Services psychologist, from the NCSE’s Support Service which includes Special Educational Needs Organisers, the National Behavioural Support Service and the Special Education Support Service, as to how children with behavioural needs can best be supported in school.

A range of guidance is available for schools in relation to the management of student behaviour. The Department published Guidelines for Supporting Pupils with Behavioural, Emotional, and Social Difficulties, which is available on the Department’s website, www.education.ie. The National Educational Psychological Services document Behavioural, Emotional and Social Difficulties – A Continuum of Support also provides advice for teachers.

Training is available for schools in relation to the provision of support for children with special educational needs from the NCSE’s Regional Service. The Special Education Support Service can, as part of their designated training modules, provide guidance for schools in relation to the management of difficult behaviour.

The NCSE have advised that applications for additional resources are made by schools to their designated NCSE SENO and the NCSE aim to make decisions/recommendations on complete applications and reply to schools within 6 to 8 weeks.

In addition, work is ongoing in my Department in relation to the development of guidelines for crisis situations. Following a request by my Department for policy advice from the NCSE, which provided recommendations in relation to crisis situations and complex behavioural needs, work on developing guidelines for schools is underway. My Department will engage with education partners on these in the coming months. The guidelines will assist schools in responding in circumstances where students pose an immediate threat of harm to themselves or others.

Special Education Review

Ceisteanna (191)

Jonathan O'Brien

Ceist:

191. Deputy Jonathan O'Brien asked the Minister for Education and Skills if a review of the report of the Special Education Review Committee from 1993 will be carried out, in view of the fact that the report is now 25 years old, requirements have changed and the pupil profile has changed significantly yet resources have remained the same; and if he will make a statement on the matter. [52766/18]

Amharc ar fhreagra

Freagraí scríofa

Current staffing arrangements for special schools are in line with policy advice provided by the NCSE in 2013, which did not recommend alteration to staffing ratios established under SERC Report in 1993.

The National Council for Special Education (NCSE) is responsible for determining the appropriate staffing levels in relation to the support of pupils with special educational needs in special schools, in accordance with the policies of my Department.

Enhanced pupil teacher and SNA ratios are provided to special schools to support them in dealing with pupils' educational and care needs. Since 2012, special schools are staffed on the basis of the pupil population and the disability categorisations of those pupils, as opposed to being based principally on school designation, in accordance with my Department's Circular 0042/2011.

Special school staffing allocations are reviewed and updated each year by the NCSE and schools are staffed on the basis of each year’s school enrolments.

In Budget 2019, it was announced that for the school year 2019/2020, funding will be provided for administrative deputy principal posts in special schools that have a principal and 15 class teachers or more. This change is in recognition of the additional administrative needs of special schools.

I have recently requested the NCSE to undertake policy advice on the educational provision that should be in place for students educated in special schools and classes and make recommendations on the provision required to enable students in special schools and classes achieve better outcomes.

The NCSE have been asked to complete and submit it’s report to the Minister not later than June 2020. There will be no change to the staffing arrangements currently in place in special schools, pending the receipt of this policy advice.

Special Educational Needs

Ceisteanna (192)

Jonathan O'Brien

Ceist:

192. Deputy Jonathan O'Brien asked the Minister for Education and Skills his plans to implement measures (details supplied) for special schools; and if he will make a statement on the matter. [52767/18]

Amharc ar fhreagra

Freagraí scríofa

As a significant amount of detail has been requested by the Deputy, which requires input from a number of sections within my Department, as well as other Departments/agencies, it has not been possible to compile this information in the timeframe allowed. My officials are currently compiling same however, and will arrange to have the material forwarded to the Deputy as soon as it is available.

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