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Section 5

ak dept education

special ed handbook
SECTION 5
STUDENT FILE REVIEW INSTRUMENT

The Student File Review Instrument (September 2007) is used to review a selection of student files during the on site compliance monitoring visit. This instrument contains standards that are used to determine compliance with specific federal and state requirements. Districts may use this instrument as a self-monitoring tool.

Standard Category CodeStandard Category DescriptionStandard Code CitationStudent Standard CriteriaFederal / State CitationIntensive
1Confidentiality1.01Parental consent for release of information is obtained before personally identifiable information is disclosed to anyone other than officials of the participating agency or to be used for any purpose other than the requirements of IDEA 2004.34 CFR 300.622; 4AAC 52.530; 20 USC 1412(a)(8); 20 USC 1417(c)N
1Confidentiality1.02Persons accessing the file that are not the student’s parents or authorized employees of the participating agency sign record of access, which includes name, date, purpose and agency affiliation.34 CFR 300.614; 4AAC 52.765(d); 20 USC 1412(a)(8); 20 USC 1417(c)N
1Confidentiality1.03If district changes or destroys information in district that personally identifies the student, parent/guardian/student (at age of majority) received prior written notice.34 CFR 300.624; 4AAC 52.765(b); 4AAC 52.190; 20 USC 1415 (b)(3&4)N
2Referral / Evaluation2.01* Interventions are documented and attempted for a reasonable length of time before referral.20 USC 1415 (b)(5)(A-C); 34 CFR 300.309 (b&c)N
2Referral / Evaluation2.02The referral form documents a summary of existing information (ages 6-21) or screening results (ages 3-5).4 AAC 52.100 (a)(2); AS 14.30.127(a); 34 CFR 300.111; 34 CFR 300.301-306; 20 USC 1412 (a) (6) (B), (7); 1414 (a)(1), (b)(2-3)N
2Referral / Evaluation2.03A signed consent for initial evaluation and evidence that Procedural Safeguards were given to parents are present in the file and dated prior to evaluation being conducted.34 CFR 300.9; 34 CFR 300.300; 34 CFR 300.503-504; 4AAC 52.200; AS 14.30.191(a)N
2Referral / Evaluation2.04Parents received Prior Written Notice of initial evaluation before evaluations were conducted.20 USC 1414(b)(1); 20 USC 1415(b)(3-4), 20 USC 1415 (c)(1)(A-F); 34 CFR 300.503-504N
2Referral / Evaluation2.05Parents receive Prior Written Notice for initial evaluation if the parents REFUSED to have their child evaluated.20 USC 1414(b)(1); 20 USC 1415(b)(3-4), 20 USC 1415 (c)(1)(A-F); 34 CFR 300.503-504; 4 AAC 52.190N
2Referral / Evaluation2.06Each evaluation indicated on the Consent for Evaluation or Re-Evaluation is conducted prior to placement.34 CFR 300.301(a);4 AAC 52.120; 4AAC 52.180; AS 14.30.191(d)(2); 20 USC 1414(b&c)N
2Referral / Evaluation2.07* More than one evaluation was conducted and addresses the areas of need identified in the referral.34 CFR 300.304(a)(1&2); 20 USC 1414 (b); 20 USC 1412(a)(6)(B)N
2Referral / Evaluation2.08The file contains documentation of request(s) for Independent Educational Evaluation(s), a copy of the IEE(s) that was conducted and the IEE is considered on the ESER.34 CFR 300.502(a)(2)&(c)(1); 4 AAC 52.540; 20 USC 1415(b)(1) & (d)(2)(A)N
2Referral / Evaluation2.09Evaluation and placement in special education are completed within 45 school days of INITIAL CONSENT for evaluation.4 AAC 52.115; 34 CFR 300.301 (c)(1)(ii); 20 USC 1414 (a)(1)(C)(i)N
3Eligibility Process3.01* Parents were invited to participate in the eligibility determination meeting early enough to ensure they had an opportunity to attend as evidenced by a copy of the invitation to attend a meeting.34 CFR 300.503; 4AAC 52.210; 20 USC 1415(b)(1)N
3Eligibility Process3.02Comparison of dates on CONSENT FOR EVALUATION and the Evaluation Summary and Eligibility Report indicates that DETERMINATION OF ELIGIBILITY was made within 45 school days of parental consent for evaluation.4AAC 52.115; 34 CFR 300.301 (c)(1)(ii);; 20 USC 1414 (A)(1)(C)(i)N
3Eligibility Process3.03Parent information and observation are documented on the Evaluation Summary and Eligibility Report.34 CFR 300.306(c)(i & ii); 4 AAC 52.125 (a)(1); 20 USC 1414(b)(4)(A) & (c)(1)(A&B)N
3Eligibility Process3.04* The Evaluation Summary and Eligibility Report, documents that the student meets each requirement for eligibility under the selected certification category.34 CFR 300.8; 34 CFR 300.306; 4AAC 52.130; 20 USC 1414(b)(4); 20 USC 1401(3)Y
3Eligibility Process3.05* Eligibility determination is supported by, and consistent with, the other information contained in the Evaluation Summary and Eligibility Report.34 CFR 300.306; 4 AAC 52.125; 20 USC 1414(b)N
3Eligibility Process3.06* Educational needs and recommendations are documented on the Evaluation Summary and Eligibility Report and are consistent with findings from the evaluations (or reevaluations) consented and conducted.34 CFR 300.304-306; 4AAC 52.120; 20 USC 1414 (a)(1)(C)(i)(II); 20 USC 1414 (b)(4)N
3Eligibility Process3.07* The Evaluation Summary and Eligibility Report contains evidence of team participation - a group of qualified professionals and the parent (signatures of the student’s parent(s)/guardian/trained

surrogate parent, the student, when appropriate, a representative of the school

district, an appropriately certified special education teacher, at least one general education teacher and district staff to interpret instructional implications of

evaluation results. When appropriate the following representatives should also be

present: a private school representative, transition service providers and related service personnel).
20 USC 1414(b)(4), 34 CFR 300.306(a)(1); 4 AAC 52.125 (a)(2)N
3Eligibility Process3.08Documentation verifies that parents/guardian/student (if at age of majority) received verbal or written notice of a reevaluation without further assessments being conducted.34 CFR 300.305(d); 4 AAC 52.190; 20 USC 1414 (c)(2-4); 20 USC 1414 (b)(1); 20 USC 1415(b)(3-4) & (c)N
3Eligibility Process3.09Documentation verifies that parents/guardian/student, (if at age of majority) received prior written notice of a reevaluation, including assessment before the assessment was conducted.34 CFR 300.503; 4 AAC 52.190; 20 USC 1415 (b)(3-4) & (c)N
3Eligibility Process3.10A signed consent for reevaluation with assessment is present in the file and dated prior to evaluation being conducted.34 CFR 300.300(c); 4 AAC 52.200; 20 USC 1414 (c)(3)N
4The IEP Process4.01Parent/student were invited to participate in the IEP meeting early enough to ensure they had an opportunity to attend.34 CFR 300.322(a)(1); 4 AAC 52.210; 20 USC 1415 (b)(1)N
4The IEP Process4.02Comparison of date of eligibility determination (ESER) with date of IEP meeting shows IEP is implemented within 30 days of eligibility determination.34 CFR 300.323(c)(1); 4 AAC 52.140(b)(2); 20 USC 1414(d)(2); 1413 (a)(1)N
4The IEP Process4.03* IEP documents a single certification category that matches that determined in Eligibility Determination Meeting as documented on the ESER.34 CFR 300.8; 20 USC 1414 (b)(4-5); 4AAC 52.130N
4The IEP Process4.04* The CURRENT IEP contains evidence of complete IEP team participation (signatures of the student’s parent(s)/guardian/trained surrogate parent, the student, when appropriate, a representative of the school district, at least one appropriately certified special education teacher, at least one general education teacher and district staff to interpret instructional implications of evaluation results. When appropriate the following representatives should also be present: a private school representative, transition service providers and related service personnel or other iniduals with the consent of parents or age of majority child.20 USC 1414(d)(1)(B) and 34 CFR 300.321(b)(3); 4AAC 52.140 (b)(1)N
4The IEP Process4.05* The IEP documents contribution from parent(s)/student and transition agencies or documentation is present to verify attempts to encourage their participation34 CFR 300.324(a)(1)(ii); 4AAC 52.140 (b)(1); 20 USC 1414 (d) (1) (B) (i, iii, vi-vii); 20 USC 1414 (d)(1)(D)N
4The IEP Process4.06* Present Levels Academic Achievement and Functional Performance are supported by and consistent with areas of educational need as identified in the ESER.20 USC 1414(d)(1)(A), 34 CFR 300.324 (a)(1)(iv)N
4The IEP Process4.07PLAAFP includes:
1. Transition needs (ages 16-21)
2. A narrative description of the student’s current functioning
3. The student’s performance on state- and district-wide assessments.
4. The effect of the student’s disability on the student’s involvement and progress in the

general education curriculum or the effect of the disability on the participation of a preschool child on appropriate activities and

transition needs.
34 CFR 300.324(a)(1); 20 USC 1412 (a)(9); 20 USC 1414 (d)(1)(A)N
4The IEP Process4.08* Special factors have been considered and are supported by and consistent with the Present Levels Academic Achievement and Functional Performance.34 CFR 300.324 (a)(2); 20 USC 1414 (d)(3)(B); 4 AAC 52.140N
4The IEP Process4.09* Participation and any necessary accommodations for state-wide and district-wide testing are documented in the IEP and are supported by and consistent with the special factors considered.34 CFR 300.320(a)(6); 4AAC 06.775; 20 USC 1414(d)(1)(A)(vi)N
4The IEP Process4.10* The measurable academic and functional goals and short-term objectives are aligned with state standards and address each area identified as a need/recommendation in the Present Levels Academic Achievement and Functional Performance.34 CFR 300.320 (a)(2); 20 USC 1414(d)(1)(A)(iii)N
4The IEP Process4.11An evaluation procedure is identified and used to measure progress toward Goals (academic and functional) and objectives (when appropriate) throughout the IEP year.34 CFR 300.320 (a)(3)(i); 20 USC 1414(d)(1)(A)N
4The IEP Process4.12Goals (academic and functional) and objectives are updated and revised as appropriate.34 CFR 300.324(b)(1); 4 AAC 52. 140; 20 USC 1414(d)(4)N
4The IEP Process4.13* Progress reports in the file document student progress toward each annual goal (academic and functional) and objective and have been sent to parents at least as often as students without disabilities in the school. 34 CFR 300.320(a)(3)(ii); 34 CFR 300.324(b)(1)(i); 4 AAC 52.140; 20 USC 1414(d)(4)(i)N
4The IEP Process4.14Progress reports document plan to revise/update goals and objectives if progress is not sufficient for student to meet goal and objective by end of IEP year, file contains evidence that plan is being followed.34 CFR 300.320(a)(3); 34 CFR 300.324(b)(1); 4 AAC 52.140; 20 USC 1414(d)(4)(ii)N
4The IEP Process4.15* Program modifications are supported by and consistent with the goals and objectives; be involved in and progress in the general education curriculum; and participate in extracurricular and other nonacademic activities.34 CFR 300.320(a)(4)(ii); 4 AAC 52.140; 20 USC 1414 (d)(1)(A)(iv)N
4The IEP Process4.16IEP documents supports for school personnel that help the student to advance appropriately toward annual goals; be involved in and progress in the general education curriculum; and participate in extracurricular and other nonacademic activities.34 CFR 300.320(a)(4); 4 AAC 52.140; 20 USC 1414(d)(1)(A)(iv)N
4The IEP Process4.17* IEP documents ESY services were considered and decision regarding provision of ESY services is justified within 90 days of school year and is supported by and consistent with the student’s IEP.34 CFR 300.106; 4AAC 52.140; 20 USC 1412(a)(1)N
4The IEP Process4.18* Areas of Special Education and Related Services are supported by and consistent with areas of educational need and recommendations identified in the Evaluation Summary and Eligibility Report and address each need identified in Present Levels of Academic Achievement and Functional Performance.34 CFR 300.34; 4 AAC 52.140; 20 USC 1414(d)(1)(A)(iv)N
4The IEP Process4.19* Areas of special education and related services are supported by and consistent with the goals and objectives.34 CFR 300.34; 4 AAC 52.140; 20 USC 1414(d)(1)(A)(iv)N
4The IEP Process4.20Areas of special education and related services include the location, projected start and end dates, provider, frequency, amount of time and frequency of site supervision by certificated or licensed service providers.34 CFR 300.34; 4 AAC 52.140; 20 USC 1414(d)(1)(A)(vii)N
4The IEP Process4.21* IEP documents regular education participation including location, provider, frequency and time.34 CFR 300.323 (d); 4 AAC 52.140; 20 USC 1414(d)(1)(A)(iv)N
4The IEP Process4.22The IEP is implemented as soon as possible following the IEP meeting.34 CFR 300.323(c); 4 AAC 52.140; 20 USC 1414(d)(2)(A)N
4The IEP Process4.23* The justification for placement is determined annually, is supported by and consistent with the PLAAFP, goals and objectives, supports for school personnel and special education and related services.34 CFR 300.116; 34 CFR 300.324(b); 4AAC 52.140; 20 USC 1414(d)(4)N
4The IEP Process4.24The extent of student participation in the regular education program is included (in the justification for placement) with an explanation of the extent if any that the student will not be participating with children without disabilities.34 CFR 300.116; 4 AAC 52.140; 20 USC 1414(d)(1)(A)(iv & v)N
4The IEP Process4.25Student’s placement is with age-appropriate peers in academic and extra-curricular courses and activities.34 CFR 300.114; 34 CFR 300.116 & 117; 4 AAC 52.140; 20 USC 1412 (a); 20 USC 1414(d)(1)(A)(iv)N
4The IEP Process4.26Student attends his/her resident school (i.e., the student would attend if not disabled) or documentation verifies that the IEP team considered the feasibility of providing services in the student’s residing school.34 CFR 300.116(c); 4 AAC 52.140; 20 USC 1412(a)(5)N
4The IEP Process4.27* If student is enrolled in private school, correspondence schools, and charter schools documentation verifies that special education services are provided.34 CFR 300.118; 4 AAC 52.140; 20 USC 1412(a)(10)N
4The IEP Process4.28Copy of signed Consent-for-Special Education Services form is present and dated prior to any delivery of special education or related services.34 CFR 300.300(b); 4 AAC 52.140; 20 USC 1414(a)(1)(D)(i)(II)N
4The IEP Process4.29Parents received Prior Written Notice for initial student placement.34 CFR 300.503(a); 4 AAC 52.140; 20 USC 1415 (c)N
4The IEP Process4.30Documentation verifies that Procedural Safeguards were given to the parents/guardian or student (if student has reached age of majority) at the IEP meeting.34 CFR 300.504; 4 AAC 52.140; 20 USC 1415(d)N
4The IEP Process4.31There is evidence of a request for a due process hearing and evidence that a copy of Procedural Safeguards were given to the parent/guardian or student, if student has reached age of majority.34 CFR 300.504; 4 AAC 52.140; 20 USC 1415(d)N
4The IEP Process4.32If district accepts an out of district IEP and eligibility category, parents/guardian/student, if at age of majority, receive prior written notice.34 CFR 300.503; 4 AAC 52.140; 20 USC 1414 (d)(2)(C)N
5Intensive Funding5.01**Student was claimed for intensive funding and received services on the count date (4th Friday in October).AS 14.17.420(a)(2); 4 AAC 52.700(a)N
5Intensive Funding5.02Direct daily instruction by a teacher endorsed in special education.4 AAC 52.700(c)(1)(A)N
5Intensive Funding5.03Provision of multiple services, including related services4 AAC 52.700(c)(1)(B)N
5Intensive Funding5.04Services supervised by at least one certified special education teacher or related service provider4 AAC 52.700(c)(1)(C); 4AAC 52.252N
5Intensive Funding5.05The need for continuous special education programming4 AAC 52.700(c)(1)(D)N
5Intensive Funding5.06Assistance and training in more than one basic self-help, daily living, or adaptive skills4 AAC 52.700(c)(1)(E)N
5Intensive Funding5.07Inidual care for the entire school day by staff trained to meet the student's needs.4 AAC 52.700(c)(1)(F)N
5Intensive Funding5.08Daily special transportation, except that this transportation requirement does not apply in the case of a student who has received daily special transportation for at least a year and no longer needs it.4 AAC 52.700(c)(1)(G)N
5Intensive Funding5.09Student experiencing deaf-blindness, must read Braille, and needs or receives full-time the services of a deaf education interpreter or tutor.4 AAC 52.700(c)(2)N
5Intensive Funding5.10Student’s IEP team has determined that out-of-state residential placement is necessary.4 AAC 52.700(c)(3)N
5Intensive Funding5.11Student has a disability that prevents the student from attending a regular or special education program even with the aid of special education program even with the aid of special transportation, and the IEP team’s evaluation and the IEP, itself, indicate that a home-based or health-care-facility-based instructional program is appropriate to meet student’s needs; however, a student may not be counted under this paragraph as receiving intensive services if the student is placed in a detention facility, or is receiving home-based or health-care-facility-based instruction solely because of a disciplinary problem.4 AAC 52.700(c)(4)N
6Behavior6.01Functional Behavior Assessment is conducted and implemented when there is misconduct resulting in suspension/expulsions/IAES of more than 10 school/business days.34 CFR 300.530(d)(ii); 20 USC 1415 (k)(1)(D)(ii)N
6Behavior6.02The Functional Behavior Assessment contains a clear written description of the problem conduct.34 CFR 300.530(d)(ii); 20 USC 1415 (k)(1)(D)(ii)N
6Behavior6.03The FBA includes consideration of specific biological, physiological or environmental factors that may have a causal effect on the misconduct.34 CFR 300.530(d)(ii); 20 USC 1415 (k)(1)(D)(ii)N
6Behavior6.04The FBA provides information helpful in predicting when and in which situations the misconduct may occur.34 CFR 300.530(d)(ii); 20 USC 1415 (k)(1)(D)(ii)N
6Behavior6.05The FBA identifies the consequences that maintain the misconduct.34 CFR 300.530(d)(ii); 20 USC 1415 (k)(1)(D)(ii)N
6Behavior6.06The FBA determines the main purpose or function of the misconduct.34 CFR 300.530(d)(ii); 20 USC 1415 (k)(1)(D)(ii)N
6Behavior6.07If the IEP determines the misconduct impedes student’s learning or that of others, a BIP is developed and implemented based on the FBA and is supported by and consistent with the ESER, PLAAFP, Goals and Objectives and areas of

special education and related services.
34 CFR 300.530(d)(ii); 20 USC 1414 (d)(3)(B)(i)N
6Behavior6.08The IEP team and other qualified iniduals conduct a Manifestation Determination within 10 school days after the district decides to take any disciplinary action constituting a change of placement.34 CFR 300.530(e)(1); 20 USC 1415 (k)(1)(E)(i)N
6Behavior6.09Evaluation results, diagnostic/relevant information supplied by parent / guardian / student, appropriateness of placement, and appropriateness of the IEP are considered by IEP team and qualified personnel when conducting a Manifestation Determination.34 CFR 300.530(e)(1); 20 USC 1415 (k)(1)(E)(i)N
6Behavior6.10During the Manifestation Determination, the IEP team determined the conduct WAS considered a manifestation of the student’s disability because of the district’s failure to implement the IEP appropriately or misconduct was caused by/had direct, substantial relationship to the student’s disability.34 CFR 300.530(e)(1); 20 USC 1415 (k)(1)(E)(i)N
6Behavior6.11During the Manifestation Determination, the IEP team determined the conduct WAS NOT considered a manifestation of the student's disability if the special education, related services and behavior intervention strategies were provided consistent with the student’s IEP and placement.34 CFR 300.530(e)(1); 20 USC 1415 (k)(1)(E)(i)N
6Behavior6.12The IEP team conducts/reviews/revises a FBA and develops/reviews/revises and implements a BIP within 10 days of suspension/expulsion/IAES.34 CFR 300.530(d)(1)(ii); 34 CFR 300.530(e)(1); 20 USC 1415 (k)(1)(D)(ii)N
6Behavior6.13Documentation confirms that a student carrying a weapon, using, possessing, selling, or soliciting illegal drugs at school or causing serious bodily injury is placed in an IAES for 45 school days or less.34 CFR 300.530(g); 20 USC 1415 (k)(G)N
6Behavior6.14Documentation confirms that the IAES was determined by the IEP team, allows the student to participate in general education

curriculum, includes continuation for services as outlined in the IEP and includes services and modifications to address the behavior so it does not recur.
34 CFR 300.531; 34 CFR 300.530(d)(1)(i); 20 USC 1415 (k)(1)(D)(i)N
6Behavior6.15Documentation shows that if parent disagrees with the determination that the student’s behavior was NOT a manifestation of the student’s disability or disagrees with disciplinary placement, the parent was informed of the right to request a hearing and given Procedural Safeguards.34 CFR 300.530(h); 20 USC 1415 (k)(3)(A)N
6Behavior6.16Documentation confirms that services were provided to the student beginning on the 11th day to the extent necessary, as determined by the IEP team, to enable the student to progress in the general education curriculum and advance toward his/her goals.34 CFR 300.530(d)(1)(i); 20 USC 1415 (k)(1)(D)(i)N
6Behavior6.17LEA notified parents of the disciplinary action no later than when the action becomes effective.34 CFR 300.530(h); 20 USC 1415 (k)(1)(H)N
7Transition7.01For students entering preschool, records indicate that district staff participated in a transition planning conference at least 90 days (and up to 6 months) before the child’s third birthday.20 USC 1412(a)(9) and 34 CFR 300.124N
7Transition7.02The date of the IEP/IFSP for a preschool student indicates it was in place by the child’s third birthday (IFSP may be implemented with agreement of district; district only obligated to implement educational components of IFSP).20 USC 1412(a)(9); 4AAC 52.140; 34 CFR 300.124N
7Transition7.03Pre School children are in settings with typically developing peers.34 CFR 300.14; 34 CFR 300.320(a)(4); 20 USC 1416 (a)(3)(A)N
7Transition7.04Preschool children demonstrate improved acquisition and use of knowledge and skills. (including early language/communication and early literacy)20 USC 1416(a)(3)(A), 34 CFR 300.43N
7Transition7.05Preschool children demonstrate improved use of appropriate behavior to meet their needs.20 USC 1416(a)(3)(A), 34 CFR 300.43N
7Transition7.06Preschool children demonstrate improved positive social emotional skills (including social relationships)20 USC 1416(a)(3)(A), 34 CFR 300.43N
7Transition7.07A statement of needed transition services for student (age 16-21) are based on student's strengths, preferences, interests, and are supported by and consistent with the PLAAFP, goals and objectives, supports for school personnel and special education and related services.34 CFR 300.43; 34 CFR 300.320(b)(1); 4AAC 52.145; 20 USC 1414 (d)(1)(A)(viii)N
7Transition7.08The statement of the student's (age 16-21) needed transition services includes measurable post-secondary goals that cover education or training, employment, and, as needed, independent living.20 USC 1416 (a) (3) (A)N
7Transition7.09The IEP includes annual IEP goals that will reasonably enable the child to meet the post-secondary goals.20 USC 1416 (a) (3) (A)N
7Transition7.10Transition services in the IEP focus on improving the academic and functional achievement of the child to facilitate their movement from school to post-school.20 USC 1416 (a) (3) (A)N
7Transition7.11For transition services that are likely to be provided or paid for by other agencies with parent (or age of majority student) consent, there is evidence that representatives of the agency(s) were invited to the IEP meeting.20 USC 1416 (a) (3) (A)N
7Transition7.12The IEP includes measurable post secondary goals related to training, education, employment, and independent living skills based on appropriate transition assessments.20 USC 1416 (a)(3)(B) 
7Transition7.13A statement of the student's (age 16-21) transition service needs that include courses of study that focus on improving the academic and functional achievement of the child to facilitate their movement from school to post-school.20 USC 1416 (a)(3)(B) 
7Transition7.14The student and parent have been informed of the transfer of rights at least one year before the student has reached the age of 18.20 USC 1416 (a)(3)(B); 34 CFR 300.320(c) 
8Exit8.01Completed Exit form is present documenting student no longer eligible for special education services (ESER and Exit Form needed), graduation with a regular diploma, student reached age of 22, or is deceased (ESER not needed.)20 USC 1414 (c)(5); 34 CFR 300.306; 34 CFR 300.102; 4AAC 52.125N
8Exit8.02Parent/guardian/student, if at age of majority, were provided with Prior Written Notice regarding student’s exit from special education services.20 USC 1415 (b)(3); 34 CFR 300.503; 34 CFR 300.102 (a)(3)(iii); 4AAC 52.620; 4AAC 52.190N

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