MINUTES

WEST VIRGINIA BOARD OF EDUCATION

Gilmer County Schools

Gilmer County High School

300 Pine Street

Glenville, West Virginia

November 14, 2002

I.   Call to Order

President Howard M. Persinger, Jr., called the meeting of the West Virginia Board of Education to order at 8:30 a.m. on November 14, 2002, in Room V105 at Gilmer County High School, 300 Pine Street, Glenville, West Virginia.

Members reporting present, in addition to President Persinger, were Vice-President Sandra M. Chapman, Secretary Ronald B. Spencer,  Delores W. Cook, Barbara N. Fish, Sheila M. Hamilton, Paul J. Morris, David Stewart, State Superintendent of  Schools and  J. Michael Mullen, Chancellor, the West Virginia Higher Education Policy Commission.

II. Welcome

Sue Waggoner, Superintendent of Gilmer County Schools, welcomed the Board to Gilmer County.

III. Ceremonial Oath of Office

Dr. Stewart performed a ceremonial Oath of Office for Delores W. Cook.  Mrs. Cook was appointed by Governor Bob Wise, to a term ending November 4, 2010.  Her appointment is subject to the confirmation of the West Virginia Senate but President Persinger noted that pending said confirmation Mrs. Cook is in all respects a duly appointed and qualified Board member per the opinion of counsel attached hereto.  (Copy appended to Official Minutes, Attachment A.)

IV. Delegations

Tom Berlin, Linda Fonner, Mark Lynch, Wayne Yonkelowitz, Debbie Rothacher, and Diane Furman, addressed the Board regarding the termination of the Department's science coordinator.  Mr. Berlin submitted his remarks for the record.  Ms. Furman  provided President Persinger a copy of the last proposal submitted to the National Science Foundation and requested he maintain it until the next proposal is submitted for comparison purposes.  Sonya Pickelsimer, via telephone,  contacted President Persinger in support of the science coordinator.  Barbara N. Fish was contacted by Jody Cunningham and Jennifer Sisson in support of the science coordinator. (Copy appended to Official Minutes, Attachment A.)

V. Approval of Agenda

Upon motion by Barbara N. Fish, second by Sandra M. Chapman, the Board unanimously approved the agenda with the following modifications:  

President Persinger requested that items 2, 3, 5, 6, 7, 8 and 9 under Routine Business be removed from the Consent Agenda, that items 2 through 8 be considered immediately following Office of Education Performance Audits business, and that item 9 be considered immediately preceding item XIII. Legal and/or Personnel Matters.  Mrs. Fish requested that the following items be removed from the Consent Agenda:  1)  the minutes,  2) items 3, 5, 6, 7 and 8 from Routine Business and C.1 from New Business.  Dr. Stewart requested items D, E and F under Old Business (page nine of the agenda) be removed from the agenda.

VI.  School District Approval Status and School Accreditation

Status Based on Follow-up Education Performance Auditof the Greenbrier County School System

An on-site review of the Greenbrier County School System was conducted November 27 - 30, 2000.  A Follow-up Education Performance Audit Team returned to Greenbrier County October7 - 9, 2002 to verify correction of the noncompliances identified during the original on-site review.

Upon motion by Paul J. Morris, second by Sheila M. Hamilton, the Board unanimously granted the Greenbrier County School System Full Approval status and all schools Full Accreditation status. (Copy appended to Official Minutes, Attachment C.)

VII. Education Performance Audit of Arnoldsburg School,

Calhoun County Schools 

An announced on-site review was conducted at Arnoldsburg School in Calhoun County on October 22, 2002.  The Office of Education Performance Audits conducted a review which was limited in scope to the performance and process standards relative to school and student achievement.  The review also consisted of a resource evaluation.

Upon motion by Delores W. Cook, second by Ronald B. Spencer, the Board unanimously continued Temporary Accreditation status for Arnoldsburg School, Calhoun County.  (Copy appended to Official Minutes, Attachment D.)

VIII. Education Performance Audit of  Birch River Elementary

School, Nicholas County Schools

An announced on-site review was conducted at Birch River Elementary School in Nicholas County on October 22 - 23, 2002.   The Office of Education Performance Audits conducted a review which was limited in scope to the performance and process standards relative to school and student achievement.  The review also consisted of a resource evaluation.

Upon motion by Barbara N. Fish, second Paul J. Morris, the Board unanimously continued Full Accreditation status for Birch River Elementary School, Nicholas County.  (Copy appended to Official Minutes, Attachment E.)

IX. Revised Unified School Improvement Plans

County boards are required to ensure that any school performing below the requirements for full accreditation status revise its Unified School Improvement Plan to increase the performance  of the school to a full accreditation status level. The revised plan must include objectives, a time line, an evaluation component, cost estimates, and a date certain for achieving full accreditation.  The attachment summarizes the elements of the revised Unified School Improvement Plans.

Upon motion by Sandra M. Chapman, second by Ronald B. Spencer, the Board unanimously approved the plans listed in Attachment F.  (Copy appended to Official Minutes, Attachment F.)

X. Superintendent's Information

Dr. Stewart distributed and discussed a flier entitled "Good news from the tobacco prevention efforts in West Virginia schools!".  (Copy appended to Official Minutes, Attachment G.)

XI. Consent Agenda

Upon motion by Ronald B. Spencer, second by Sheila M. Hamilton, the Board approved the consent agenda, as amended, which included the following matters.  (Copies appended to Official Minutes, Attachments H-K.)

County Boards of Education, RESAs, and Multi-County Vocational

Centers Budget Supplement and Transfer Requests for the 2002-03 Year

The Board approved the budget supplement and transfer requests for the month of October 2002 as follows:  Total Supplements = $21,235,722 and Total Transfers = $3,722,069.   (Attachment H.) 

Amendment - Nicholas County Comprehensive

Educational Facilities Plan (CEFP) 

The Board approved the Nicholas County Board of Education's request to amend its CEFP to upgrade the HVAC system at Summersville Junior High School.  

Waiver of Principal Leadership Academy Attendance

The Board approved one waiver request for the Summer 2002 Principal Leadership Academy.  (Attachment I.)

Senate Bill 227, W.Va. Code 18A-4-7a, Transfer of Teachers

After Five Days Prior to Starting Instruction

The Board accepted the notifications from Barbour, Raleigh, Kanawha and Jefferson County Schools.  Details may be found in the attachment.  (Attachment J.)

Employment of Substitute Professionals in Areas of Critical Need

The Board approved the policy submitted by Monongalia County Schools.  (Attachment K.)

XII. Minutes of October 16 and 17, 2002

Bill Luff, Deputy State Superintendent of Schools, distributed an amended version of the minutes.  The minutes were revised to more accurately reflect the action taken by each member when voting on motions.  

Barbara N. Fish inquired about the language of the McDowell County motions.  Rebecca Tinder, General Counsel to the Board and the Department, responded that the language is written to be in compliance with W. Va. Code.

Upon motion by Barbara N. Fish, second by Sandra M. Chapman, the Board unanimously approved the minutes as amended.  (Copy appended to Official Minutes, Attachment L and addendum.)

XIII. Lincoln County Deed Approval

In May of 1997, before the West Virginia Board of Education intervened in the operation of Lincoln County Schools, the Lincoln County Board of Education voted to approve a deed transfer of property (the old bus garage on Lower Mud River) to the Lincoln County Commission.  At the time of the vote, no deed accomplishing this transfer was prepared.  The Lincoln County Commission has now prepared a deed and submitted it to the Lincoln County Board of Education for signature.

President Persinger asked whether the deed was in proper form and had been reviewed.  Ms. Tinder provided the Board a copy of the deed, an overview of the review process, and the history of the deed preparation.  President Persinger made corrections to the deed by inserting the correct name of the Board of Education of the County of Lincoln and by deleting the general warranty.

Upon motion by Paul J. Morris, second by Ronald B. Spencer, the Board unanimously approved the deed as amended by President Persinger.  (Copy appended to Official Minutes, Attachment M.)

XIV. Amendment - Lincoln County Comprehensive

Educational Facilities Plan (CEFP)

The Lincoln County Superintendent  requested an amendment to the Lincoln County CEFP for the following: 1)  roof replacement, HVAC replacement and upgrade, replacement of all exterior windows, the refinishing of the gymnasium floor, the installation of a new drop ceiling and lighting in classrooms, the replacement of interior doors, the installation of a ramp, and sewer renovations  at Duval High School; 2) HVAC replacement at Hamlin Elementary School; 3) replacement of drop ceilings and lighting in hallways and some classrooms at Hamlin High School;  and 4) the addition of six relocatable classrooms at Midway Elementary School, all of which contain bathrooms and are ADA compliant. 

A question was posed as to why the renovations were being recommended when a new consolidated high school was planned.   Wayne Clutter, Executive Director, Office of Transportation responded that the repairs were necessary for proper maintenance, to assure the health and safety of the student populations being served at the schools in question and also to maintain the schools for possible use in other configurations once the consolidated high school was in operation.

Upon motion by Paul J. Morris, second by Ronald B. Spencer, the Board unanimously approved the amendment.

XV. Amendment - Boone County Comprehensive

Educational Facilities Plan (CEFP)

The Boone County Board of Education requested an amendment to its CEFP to: 1) reconfigure Whitesville Elementary School, the installation of an elevator at Whitesville Elementary School to allow the facility to be ADA compliant, and the upgrade of the HVAC and air filtration systems.  After completion of these improvements, Sylvester Elementary School will be closed and its students consolidated into the Whitesville Elementary School facility.  The proposed grade configuration at Whitesville Elementary School will be Pre-K-5; 2) construct a four-classroom addition to Ashford-Rumble Elementary School and, following the completion of this project, to allow the transfer of all students attending Nellis Elementary School into Ashford-Rumble Elementary School.  The requested change to the Boone County CEFP also includes the closure of Nellis Elementary School.  

Ronald B. Spencer moved and Paul J. Morris seconded approval of the amendment.  Upon the call for the question, the motion passed with six (6) members,  President Persinger, Sandra M. Chapman, Ronald B. Spencer, Barbara N. Fish, Sheila M. Hamilton and Paul J. Morris voting yes, and one (1) member, Delores W. Cook, voting no.

XVI. Amendment - Mercer County Comprehensive

Educational Facilities Plan (CEFP)

The Mercer County Board of Education requested an amendment to its CEFP because the construction of a new Route 52 K-5 school in the Bluewell/Brushfork area is not feasible at this time.  The amendment request is to change the movement of Bramwell students upon closure of the school from a new Route 52 K-5 school to integration of Bramwell School students in Bluewell Elementary and Montcalm Elementary Schools upon closure of Bramwell Elementary School.

Upon motion by Sandra M. Chapman, second by Sheila M. Hamilton, the Board unanimously approved the amendment.

XVII. Amendment - Mason County Comprehensive

Educational Facilities Plan (CEFP)

The Mason County Board of Education requested an amendment to its CEFP to allow the closure/consolidation of Mason Elementary School (grades 1-6) into New Haven Elementary School (grades PK-6).  The closure/consolidation will require renovation and new construction on the New Haven Elementary School property site.

Upon motion by Sandra M. Chapman, second by Paul J. Morris, the Board unanimously approved the amendment.

XVIII. Raleigh County Comprehensive Educational Facilities Plan (CEFP)

The Raleigh County Board of Education requested approval of its CEFP for 2000-2010.

Wayne Clutter addressed questions regarding cost, relocatable classrooms with attached restrooms,  ADA compliance, and consolidation concerns.   A more detailed executive summary will be provided for all future amendment requests.  

Upon motion by Ronald B. Spencer, second by Sheila M. Hamilton, the Board unanimously approved the Raleigh County CEFP for 2000-2010.

XIX. Waivers of State Board of Education Policies and Regulations,

Superintendent's Interpretations and State Statutes and Legislative Rules 

The following requests for waivers were submitted for the Board approval:   four (4) requests for continuation of waivers of instructional material adoption; two (2) requests for new waivers of  instructional materials; and one (1) request for a waiver of State Board policy.  

Barbara N. Fish questioned the need for a waiver for Project Merit.  Karen Larry, Executive Assistant to the State Superintendent, and Pamela Sumpter-Cain, Assistant State Superintendent, Division of Instructional and Student Services, indicated that the consistent need for a particular waiver can be addressed during the textbook adoption cycle.  There are two textbook adoption cycles and textbooks may not have existed at the time of the adoption thereby creating the need for a waiver.

Upon motion by Sandra M. Chapman, second by Paul J. Morris, the Board unanimously approved the waiver requests.  (Copy appended to Official Minutes, Attachment Mc.)

CLARIFICATION:  President Persinger stated that items XIV through XIX, formerly located on the Consent Agenda,  were removed in order to allow Department staff to confirm that all were properly reviewed and meet all W.Va. Code requirements and state guidelines.

XX. Break

President Persinger called for a break at 10:25 a.m.

XXI. Call to Order

President Persinger called the meeting back to order at 10:40 a.m.

XXII. Policy 2422.2 - Regulations for Driver Education Programs 

Deborah Brown, Executive Director, Office of Instructional Services, presented Policy 2422.2 for the Board's consideration.  Policy 2422.2 establishes guidelines for Driver Education courses in West Virginia schools.  Its authorization comes from W.Va. Code 18-6-1 through 18-6- 10.   The changes align the policy with previously unaligned legislation as well as legislation from the 2002 session of the West Virginia Legislature and make language and format consistent with current usage.  

The policy was on comment from August 9, 2002, through October 13, 2002.  The single comment received was rejected because it contradicted the legislated mandate to provide driver education in public schools.

  Upon motion by Barbara N. Fish, second by Sandra M. Chapman, the Board unanimously approved Policy 2422.2.  (Copy appended to Official Minutes, Attachment N.)

XXIII. Policy 8350 - Programs to Strengthen Student Learning Ability

Dr. Pamela Sumpter-Cain, Assistant State Superintendent, Division of Instructional and Student Services, presented Policy 8350 for the Board's consideration.   This policy provides a process for the establishment of a more formal method to fund programs that strengthen student learning ability as required by House Bill 4022 adding W.Va. Code 18-2-35.  No comments were received during the comment period.

Upon motion by Sheila M. Hamilton, second by Paul J. Morris, the Board unanimously approved Policy 8350.  (Copy appended to Official Minutes, Attachment O.)

XXIV. Policy 2315 - Comprehensive Developmental Guidance

  and Counseling

Dr. Karen Huffman, Assistant Director, Office of Student Services and Assessment, distributed a red-lined version of Policy 2315 (presented in the attachment without the red-lining) for the Board's consideration.  In response to changes in W. Va. Code 18-5-18b, West Virginia  Board of Education Policy 2315 has been revised to dmore clearly define the role of the school counselor as well as to describe the components of a comprehensive development guidance and counseling program.  The nine national standards for school  counseling included in this policy define the specific knowledge, attitudes and skills students should possess as a result of participating in a school counseling program.  Comments were received from 20 persons and minor revisions were made in the policy, evidenced in the red-line version, in response to these comments.  d

Sheila M. Hamilton requested 1) that the Board pursue the modification of W.Va. Code dealing with counselors and that it be adjusted to allow 85% to 90% of a counselor's time to be spent with students and 2) that an item dealing with this issue be added to the Board's legislative agenda.  Chancellor Mullen discussed language at sections 5.1 and 7.1; the current language is specific to the counselor and not the counseling program.  Sandra M. Chapman suggested that the policy be referred back to the Department for further refinement.  Dr. Huffman recommended that the policy be approved and revisited in a year to ascertain its effectiveness.

Paul J. Morris moved and Sheila M. Hamilton seconded approval of Policy 2315.  President Persinger suggested the motion be amended to include the language clarifications at sections 5.1 and 7.1.  Both Mr. Morris and Ms. Hamilton agreed to amend the motion to allow the minor language clarification corrections at sections 5.1 and 7.1.  Sandra M. Chapman stated that she would vote no based on her interpretation of W.Va. Code.   Paul J. Morris indicated he would vote yes but expected results within one year.  Superintendent Stewart recommended that the policy be approved and that the Legislature be made aware of needed changes.

Upon the call for the question, the motion passed with six (6) members, President Persinger, Ronald B. Spencer, Delores W. Cook, Barbara N. Fish, Sheila M. Hamilton, and Paul J. Morris voting yes, and one (1) member, Sandra M. Chapman, voting no.  (Copy appended to Official Minutes, Attachment P and addendum.)

XXV. Approval of Agreement By and Among the West Virginia

Board of Education, West Virginia Department Health and

Human Resources and the Board of Child Care of the

Baltimore-Washington Conference of the United Methodist

Church, Inc., for the Provision of Educational Services at the

Board of Child Care, Falling Waters Campus,

Martinsburg, West Virginia

Frank Andrews, Superintendent, Office of Institutional Education Programs presented the Legislature and the Department of Health and Human Resources' (DHHR) request that the Department of Education provide educational services at the Board of Child Care, Falling Waters

Campus, Martinsburg, West Virginia.  The Board of Child Care, Falling Waters Campus, is a new residential foster care treatment center for troubled youth operated by the Board of Child Care of the

Baltimore-Washington Conference of the United Method Church, Inc.  The facility has been licensed for 50 beds and approved for 90 beds. 

W.Va. Code 18-2-13h authorizes the State Board to enter into agreements with the DHHR to provide adequate and appropriate educational opportunities for school-age juveniles placed in residential facilities for custody and treatment.  In this regard, an agreement has been developed to permit the Department's Office of Institutional Education Programs to provide educational services at the Board of Child Care, Falling Waters Campus.

Upon motion by Sheila M. Hamilton, second by Sandra M. Chapman, the Board unanimously approved the agreement by and among the West Virginia Board of Education, the West Virginia Department of Health and Human Resources and the Board of Child Care of the Baltimore- Washington Conference of the United Methodist Church,  Inc., for provision of educational services at the Board of Child Care, Falling Waters Campus.  (Copy appended to Official Minutes, Attachment Q and addendum.)

  XXVI. Policy 2520.1 - Reading and English Language Arts Content

Standards and Objectives for West Virginia Schools

Policy 2520.2 - Mathematics Content Standards

and Objectives for West Virginia Schools 

Policy 2520.3 - Science Content Standards and

Objectives for West Virginia Schools 

Policy 2520.4 - Social Studies Content Standards and 

Objectives for West Virginia Schools

Deborah Brown presented Policies 2520.1, 2520.2, 2520.3 and 2520.4 for the Board's consideration.  The State Board of Education adopted content standards, objectives and performance descriptors for reading and English language arts, mathematics, science and social studies in December 2001.  Since that time, revisions have been made to expand the number of performance levels for each content standard from three to five,  to add performance descriptors for grades K-2 and some high school courses, and to make minor editorial changes.  This current revision also establishes a separate policy for each content area.

Upon motion by Paul J. Morris, second by Sandra M. Chapman, the Board unanimously placed Policies 2520.1, 2520.2, 2520.3, and 2520.4 on public comment until January 10, 2003.  (Copy appended to Official Minutes, Attachment R.)

XXVII. Proposed Official State Multiple List of Instructional

Materials for Family Consumer Science, Dance and Theater

Dr. Pamela Sumper-Cain presented the Proposed Official State Multiple List of Instructional Materials for Family Consumer Science, Dance and Theater for the Board's consideration.  The West Virginia Instructional Materials Review Committee, in accordance with the requirements specified in W.Va. Code 18-2A-1, et seq., has completed the process of reviewing and recommending textbooks, instructional materials, and learning technologies for Family Consumer Science, Dance and Theater.  The instructional materials being recommended have met established generic and specific criteria and are aligned with the Content Standards and Objectives.  Once approved, these recommendations will become part of the Official State Multiple List of Instructional Materials.

Upon motion by Sheila M. Hamilton, second by Sandra M. Chapman, the Board unanimously approved the committee's recommendations for the Official State Multiple List of Instructional Materials for Family Consumer Science, Dance and Theater.  (Copy appended to Official Minutes, Attachment S.)

XXVIII. Break for Lunch

President Persinger called for a lunch break at 11:30 a.m.

XXIX. Call to Order

President Persinger called the meeting back to order at 12:30 p.m.

XXX. NASBE/NSBA Healthy Schools Network

Memorandum of Understanding

Barbara N. Fish presented the NASBE/NSBA Healthy Schools Network's Memorandum of Understanding for the Board's consideration.

Upon motion by Barbara N. Fish, second by Sandra M. Chapman, the Board unanimously approved the memorandum of understanding and authorized the President to sign same.  (Copy appended to Official Minutes, Attachment T.)

XXXI. Appointments to Boards/Commissions

President Persinger asked that the Superintendent review and identify all liaison groups, whether representation is required by statute or law, mission of the liaison, number of meetings requiring attendance, time required for each meeting, and term of service.

Due to the fact that the School Building Authority is meeting in December, President Persinger nominated Barbara N. Fish to the vacancy on the School Building Authority.

Sandra M. Chapman moved that the appointment be approved and the remaining vacancies be referred back to the State Superintendent for further research and refinement.  Sheila M. Hamilton seconded the motion.   The board unanimously approved the appointment of Barbara N. Fish to the School Building Authority.

XXXII. Board Member Reports

Sandra M. Chapman distributed a memorandum outlining the work of the media committee and requested input.  (Copy appended to Official Minutes, Attachment U.)

President Persinger requested that the State Superintendent  or a member of his staff prepare a response to letters (excluding form letters) received from individuals regarding the Civil Rights Team Project.  Sandra M. Chapman requested that all members be allowed to review the response prior to its distribution.  Barbara N. Fish provided a report regarding progress in the investigation of the Civil Rights Team Project including her visit to East Fairmont High School.  Barbara N. Fish and Ronald B. Spencer will be visiting Liberty High School in the next few of weeks.

Barbara N. Fish also reported on a visit she made to Barnes Elementary in Marion County.

President Persinger asked if all parties will be invited to the meeting at which the Civil Rights Team Project investigation results are revealed.   A historical overview of the situation involving the Civil Rights Team Project was provided by Sandra M. Chapman.

President Persinger questioned the possibility of a meeting with all involved parties.  Ms.  Tinder indicated the Open Meetings Law does not allow for this type of discourse;  however, the parties may appear as delegations.  Superintendent Stewart asked how delegations came to be added to each agenda.  Paul J. Morris indicated that the Board, with the appointment of a fact finding committee,  is not following 20 years of established procedures.  The normal procedure would have been for the Department to investigate the matter and provide a recommendation at which time the Board would then invite input from all involved parties.  

Sandra M. Chapman indicated that she would like to hear from Mr. Sheridan and has received ample information from the opposing view.

Sheila M. Hamilton questioned whether the entire project is to be terminated or simply a  portion.

Sandra M. Chapman indicated that she required additional information about the program prior to making any assumptions or determinations.

Paul J. Morris again stated his concern that not following established procedures will, in the future, prove detrimental.

Ronald B. Spencer provided a brief report on the work of the West Virginia School Boards Association County Board Reform Committee.   A particular point of interest is the strengthening of Local School Improvement Councils.  Another committee meeting will take place later this week and a legislative agenda will be formed based on the completed report. 

XXXIII. Spring 2002 Writing Assessment Program Results 

Dr. Jan Barth, Executive Director, Office of Student Service and Assessment presented an update of the Spring 2002 Writing Assessment Program results.  These results reflect statewide holistic scores and statewide  analytic strengths and weaknesses.  These results are used for instruction, school improvement and accountability.  Ms. Chapman asked that a brochure be developed to assist parents in preparing their children for the writing assessment.  (Copy appended to Official Minutes, Attachment V.)

XXXIV. Legal and/or Personnel Matters

President Persinger informed the members as the presiding officer that he had identified certain matters that needed to be discussed in Executive Session involving attorney-client privilege, citing W.Va. Code 6-9A-3 and personnel, citing W.Va. Code 6-9A-4(b)(2)(A).  

Upon motion by Sheila M. Hamilton, second by Paul J. Morris, and unanimously carried, the Board entered into Executive Session at 1:39 p.m.

XXXV. Return from Executive Session

The Board returned from Executive Session at 3:21 p.m. at which time President Persinger  announced no action was taken or decisions made in Executive Session.

XXXVI. Personnel

Upon motion by Sandra M. Chapman, second by Sheila M. Hamilton, the Board unanimously approved the personnel items for the Department of Education and Schools for the Deaf and the Blind as listed in the original attachment and addendum items regarding the suspension and termination of Phyllis Barnhart and the retirement of Bill Luff.  (Copy appended to Official Minutes, Attachment W and addenda.)

XXXVII. Future Meetings

The next regular meeting of the West Virginia Board of Education will be held December11-12, 2002 in Mingo County, West Virginia.

XXXVIII. Adjournment

Upon motion by Ronald B. Spencer, second by Sandra M. Chapman, the Board adjourned at 3:24 p.m.

       Minutes approved by the Board on December 12, 2002.

______________________________________________      
H. M. Persinger, Jr., President

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