Gender Equity/Title IX - Equal Opportunity & Access (CA Dept of Education) (2023)

Gender Equity

It is the policy of the State of California that all persons, regardless of their gender, should enjoy freedom from discrimination of any kind in the educational institution of the state. The laws found in the California Education Code 221.5-231.5 Gender Equity/Title IX - Equal Opportunity & Access (CA Dept of Education) (1)are collectively known as the Sex Equity in Education Act. These laws expand upon gender equity and Title IX laws which provide guidance to California’s education system. Each Local Educational Agency (LEA) will be responsible for following the laws in addition to Title IX requirements.

Senate Bill 1375 (California Education Code, 221.61), creates new requirements for the Title IX coordinators’ informational posts. Title IX coordinators should carefully read and disseminate the following:


California Education Code, 221.61
  1. On or before July 1, 2017, public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools shall post in a prominent and conspicuous location on their Internet Web sites all of the following:
    1. The name and contact information of the Title IX coordinator for that public school, private school, school district, county office of education, or charter school, which shall include the Title IX coordinator’s phone number and email address.
    2. The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to, Internet Web links to information about those rights and responsibilities located on the Internet Web sites of the department’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8.
    3. A description of how to file a complaint under Title IX, which shall include all of the following:
      1. An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations.
      2. An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights’ Internet Web site.
      3. An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office.
  2. On or before April 1, 2017, and annually thereafter, the Superintendent shall send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the requirement specified in subdivision (a) and of their responsibilities under Title IX.
  3. A public school that does not maintain an Internet Web site may comply with subdivision (a) by posting the information specified in paragraphs (1) to (3), inclusive, of subdivision (a) on the Internet Web site of its school district or county office of education.
  4. Nothing in this section shall be construed to require a school or local educational agency to establish an Internet Web site if the school or local educational agency does not already maintain one.

Title IX

Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation. The preamble to Title IX of the Education Amendments of 1972 states that:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Title IX requires that each school district have at least one person designated as the Title IX Coordinator.

From the regulations governing Title IX of the Education Amendments of 1972 Gender Equity/Title IX - Equal Opportunity & Access (CA Dept of Education) (2) (20 U.S.C. 1681, 1682):

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2020 Title IX Amendments

On May 6th, 2020 the U.S. Department of Education, Office for Civil Rights (OCR), released a finalized version of the new Title IX Regulations. Amendments to Title IX became effective on August 14, 2020. Specifically, The Final Rule changes the way in which institutions and local education agencies are required to respond to allegations of sexual harassment. The new Title IX regulations are intended to clarify sexual harassment as a form of sex discrimination and expand on the definition of sexual harassment.The new Title IX regulation can be found in the Code of Federal Regulations at 34 CFR Part 106 Gender Equity/Title IX - Equal Opportunity & Access (CA Dept of Education) (3).

106.8 Designation of coordinator, dissemination of policy, and adoption of grievance procedures.
  1. Designation of coordinator.

    Each recipient must designate and authorize at least one employee to coordinate its efforts to comply with its responsibilities under this part, which employee must be referred to as the “Title IX Coordinator.” The recipient must notify applicants for admission and employment, students, parents or legal guardians of elementary and secondary school students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the recipient, of the name or title, office address, electronic mail address, and telephone number of the employee or employees designated as the Title IX Coordinator pursuant to this paragraph. Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person's verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator.

  2. Dissemination of policy
    1. Notification of policy.

      Each recipient must notify persons entitled to a notification under paragraph (a) of this section that the recipient does not discriminate on the basis of sex in the education program or activity that it operates, and that it is required by title IX and this part not to discriminate in such a manner. Such notification must state that the requirement not to discriminate in the education program or activity extends to admission (unless subpart C of this part does not apply) and employment, and that inquiries about the application of title IX and this part to such recipient may be referred to the recipient's Title IX Coordinator, to the Assistant Secretary, or both.

    2. Publications.

      Each recipient must prominently display the contact information required to be listed for the Title IX Coordinator under paragraph (a) of this section and the policy described in paragraph (b)(1) of this section on its website, if any, and in each handbook or catalog that it makes available to persons entitled to a notification under paragraph (a) of this section.

      A recipient must not use or distribute a publication stating that the recipient treats applicants, students, or employees differently on the basis of sex except as such treatment is permitted by title IX or this part.

  3. Adoption of grievance procedures.

    A recipient must adopt and publish grievance procedures that provide for the prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited by this part and a grievance process that complies with Sec. 106.45 for formal complaints as defined in Sec. 106.30. A recipient must provide to persons entitled to a notification under paragraph (a) of this section notice of the recipient's grievance procedures and grievance process, including how to report or file a complaint of sex discrimination, how to report or file a formal complaint of sexual harassment, and how the recipient will respond.

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(Authority: 34 C.F.R. Sec 106.8)

Title IX Coordinators

California Department of Education’s Title IX Coordinator:

Randi Thompson, EEO Officer
Equity, Civil Rights, Title IX, ADA/504, MOA Coordinator
1430 N Street, Room 4206
Sacramento, CA 95814
Telephone: 916-445-9174
Fax: 916-324-9818
Email: OEOinfo@cde.ca.gov

Sex Equity in Education Act Annual Notification 2019 Title IX District Notification Letter 2013
Title IX Coordinator Survey 2013 (DOC)

Resources for Coordinators

Letter to Title IX Coordinators Gender Equity/Title IX - Equal Opportunity & Access (CA Dept of Education) (4) (PDF) - The United States Department of Education Office of Civil Rights (OCR) sent this letter, on April 24, 2015, as an introduction to all new Title IX coordinators.

Dear Colleague Letter: Title IX Coordinators Gender Equity/Title IX - Equal Opportunity & Access (CA Dept of Education) (5)(PDF) - The OCR sent this letter, on April 24, 2015, as a reminder to all Title IX coordinators of their responsibilities.

(Video) GENDER EQUITY IN SPORTS Title IX and California’s AB 2404 The “Fair Play Act”

Title IX Coordinators Resource Guide Gender Equity/Title IX - Equal Opportunity & Access (CA Dept of Education) (6)(PDF) - A Title IX booklet published by OCR to assist Title IX coordinators in understanding the scope and procedures.

Education Equity/Title IX Resources from the Feminist Majority Gender Equity/Title IX - Equal Opportunity & Access (CA Dept of Education) (7)

Sexual Harassment

State and federal law protects students from all forms of sexual harassment (including sexual violence and sexual abuse). Any student, regardless of their gender, may potentially face sexual harassment which can interfere with a student’s academic performance, as well as their emotional and physical well-being. Preventing and remedying sexual harassment in schools is essential to ensuring a safe environment in which students can learn. Title IX coordinators are in the best position to prevent harassment and to lessen the harm to students if, despite their best efforts, acts of sexual harassment do occur.

To assist coordinators in eliminating sexual harassment from schools the United States Department of Education Office of Civil Rights (OCR) has developed a webpage on Sexual Harassment ResourcesGender Equity/Title IX - Equal Opportunity & Access (CA Dept of Education) (8), which includes, but is not limited to, the following:

Single Sex Programs

In 2006, new Title IX regulations for the establishment of single sex programs in schools were adopted by the OCR. Many factors and legal requirements must be addressed if schools are considering the development of single-sex options. The regulations related to single sex programs can be found in California Education Code 221.5 Gender Equity/Title IX - Equal Opportunity & Access (CA Dept of Education) (13) and 34 CFR 106.34 Gender Equity/Title IX - Equal Opportunity & Access (CA Dept of Education) (14).

Guidelines on Title IX Requirements Related to Single-Sex Classes and Schools 2002 Gender Equity/Title IX - Equal Opportunity & Access (CA Dept of Education) (15)
Dear Colleague Letter on Single-Sex Programs and Title IX 2007Gender Equity/Title IX - Equal Opportunity & Access (CA Dept of Education) (16)

Sex Equity in Competitive Athletics

In accordance with California Education Code 221.9 Gender Equity/Title IX - Equal Opportunity & Access (CA Dept of Education) (17), each public elementary, secondary, and charter school in California, that offers competitive athletics, are required to make the following information available to the public at the end of each school year:

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  • The total enrollment of the school, classified by gender.
  • The number of pupils enrolled at the school who participate in competitive athletics, classified by gender.
  • The number of male and female teams, classified by sport and by competition level.

Competitive Athletics are defined as sports where the activity has coaches, a governing organization, practices, competes during a defined season, and has competition as its primary goal. The required data as stated above should reflect the total number of players on a team roster on the official first day of competition. Schools should post the information on the school’s website. If the school does not maintain a website, the school district or charter operator shall post the information on its website. All materials used by the school to compile the data are to be retained by the school for a minimum of three years after the information has been posted.

Uniform Complaint Procedure

Complaints pertaining to Title IX issues should be filed by utilizing the Uniform Complaint Procedures (UCP) as identified in California Code of Regulations, Title 5, Sections 4600 et. seq. For more information on the UCP complaints and appeals visit the CDE’s Uniform Complaint Procedures and Resolution of Discrimination/Harassment Complaint pages.

Other resources

Questions:

Office of Equal Opportunity | oeoinfo@cde.ca.gov | 916-445-9174

Last Reviewed: Friday, February 17, 2023

FAQs

What is Title IX California Department of education? ›

It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation.

What is the Equal Access Act in California? ›

It is the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in ...

What is Title IX at 45 advancing opportunity through equity in education? ›

Title IX at 45 outlines issues and recommendations in six areas covered by Title IX: STEM, CTE, athletics, sexual harassment and assault, single-sex education, and the rights of pregnant and parenting students. It also looks at the role of Title IX coordinators in helping schools comply with the law.

Does Title IX enables the federal government to limit gender discrimination at any higher educational institution that accepts federal funds? ›

Title IX prohibits, with certain exceptions, any entity that receives "federal financial assistance" from discriminating against individuals on the basis of sex in education programs or activities. The clearest example of federal financial assistance is the award or grant of money.

What is Title IX education examples? ›

Examples of the types of discrimination that are covered under Title IX include sexual harassment; the failure to provide equal athletic opportunity; sex-based discrimination in a school's science, technology, engineering, and math (STEM) courses and programs; and discrimination based on pregnancy.

What are the benefits of Title IX in education? ›

Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.

What is one limitation under the Equal Access Act? ›

The Equal Access Act of 1984 forbids public schools from receiving federal funds if they deny students the First Amendment right to conduct meetings because of the “religious, political, philosophical, or other content of the speech at such meetings.”

What is an example of equal access? ›

Examples of equal access

There is free and equal access to almost all healthcare services, regardless of sociodemographic parameters. It is mistaken to assume that because railways, or canals, or stage coaches, are available, everyone has equal access to them.

What is right of access California? ›

The right to know (aka “Right of Access”) gives consumers the right to obtain a copy of personal information about them as well as other supplementary information. It enables individuals to understand how and why data about them is used and shared, and to check whether the personal data is being used in a lawful way.

What are the Title IX changes for 2023? ›

The proposed rules that are slated to be issued in May 2023 will not directly address athletics but will make clear that the law prohibits schools from excluding students from activities, which would include school sports and other activities, because they are transgender or intersex.

What are the new Title IX changes? ›

The proposed regulation would recognize that differences in grade and education level, level of competition, and sports must be taken into account for any eligibility criteria that would restrict transgender students from participating on teams consistent with their gender identity.

What does Title 9 protect against? ›

Title IX prohibits sex discrimination in the education programs and activities of entities that receive federal financial assistance.

Why Title IX is bad? ›

Women's Teams Are Coached By Men

Then Title IX forced colleges and universities to fund men's and women's sports equally, and money flooded into women's sports. As a result, universities were offering significantly higher salaries to coaches of women's teams than they had before Title IX.

What are the negative effects of Title IX? ›

10 While this progress is admirable, Title IX has had unintended negative consequences, including a decrease in the number of female coaches, high rates of sexual abuse of female athletes, and the elimination of successful men's programs."

Who is excluded from Title IX? ›

Public elementary and secondary schools (admissions exempt)

Title IX's prohibition on discrimination in admissions applies only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education. 20 U.S.C.

What are the most common Title IX violations? ›

Unwanted sexual behavior, advances, or requests for favors. Unwelcomed verbal, visual, or physical sexual conduct. Offensive, severe, and/or frequent remarks about a person's sex. Harassment of a sexual nature which interferes with an individual's right to an education and participation in a program or activity.

What are the 3 prongs of Title IX? ›

Title IX Compliance – Part I: The Three-Prong Test
  • Substantial Proportionality or.
  • History & Continuing Practice of Program Expansion or.
  • Full & Effective Accommodation of Athletic Interests.
Feb 8, 2022

What are the three areas of Title IX? ›

There are three parts to Title IX as it applies to athletics programs: (1) effective accommodation of student interests and abilities (participation), (2) athletic financial assistance (scholarships), and (3) other program components (the “laundry list” of benefits to and treatment of athletes).

What is Title IX and how does it support you as a student? ›

TItle IX requires institutions to protect all students, faculty, and staff from sex-based discrimination, a term that includes both sexual harassment and sexual violence. If the administration is made aware of an incident, colleges must take immediate steps to address the issue.

What is Title IX which paved the way for educational equality? ›

In 1972, a law was enacted to help prevent gender discrimination in the United States educational athletic system. This law, known commonly as Title IX, gives each gender equal rights to educational programs, activities, and federal financial assistance.

Which Title IX test is most often used by educational institutions? ›

The three-part test is the most important Title IX athletics requirement; it is indeed the same thing as the three-pronged test. However, the three-part test covers just one issue. There are twelve other issues that institutions must meet besides the three-part test.

What is Tinker test? ›

The substantial disruption test was developed in the seminal student speech decision Tinker v. Des Moines Independent Community School District (1969) to determine when public school officials may discipline students for their expression. It remains the leading test used in student-speech cases.

Does everyone have equal access to education? ›

Yes! All kids living in the United States have the right to a free public education. And the Constitution requires that all kids be given equal educational opportunity no matter what their race, ethnic background, religion, or sex, or whether they are rich or poor, citizen or non-citizen.

What does equal access mean? ›

Providing equal access means ensuring all individuals can make use of transportation, buildings and facilities, programs and services, employment opportunities, and technology.

What is the difference between equality and equity of access? ›

Equality means each individual or group of people is given the same resources or opportunities. Equity recognizes that each person has different circumstances and allocates the exact resources and opportunities needed to reach an equal outcome.

What is the difference between equitable access and equal access? ›

Equality is the access to and distribution of a set of resources evenly across individuals. But equity helps even the playing field so that everyone can thrive. Equity is the access to or allocation of resources according to need.

How is equal access determined? ›

Equal access is determined by considering whether a reasonable person in the complainant's position would be effectively denied equal access to education, when compared to a similarly situated person who was not subject to the conduct.

What is excluded from the right of access? ›

Information Excluded from the Right of Access

This may include certain quality assessment or improvement records, patient safety activity records, or business planning, development, and management records that are used for business decisions more generally rather than to make decisions about individuals.

What is the constitutional right of access? ›

In 1980 the U.S. Supreme Court held that the First Amendment implicitly conveys an affirmative, enforceable right of public access to certain government proceedings and information.

What is privileged in California? ›

California's litigation privilege is an incredibly powerful tool that effectively immunizes conduct if it is reasonably related to litigation. The litigation privilege protects conduct even if it is “alleged to be fraudulent, perjurious, unethical, or even illegal.” K ashian v. Harriman, 98 Cal. App.

What is the final rule of Title IX? ›

Under the Final Rule, schools must offer free supportive measures to every alleged victim of sexual harassment (called “complainants” in the Final Rule). Supportive measures are individualized services to restore or preserve equal access to education, protect student and employee safety, or deter sexual harassment.

What is 45 years of Title IX? ›

Titled “45 Years of Title IX: The Status of Women in Intercollegiate Athletics,” the report uses the latest research on female participants and leaders in the NCAA to highlight progress that has been achieved in the decades since the federal law was passed and to address areas that need further improvement.

When did Title IX end? ›

May 27, 1975

President Gerald Ford signs the final version of Title IX—which includes Sen. Javits' proposed athletics regulations from July 20, 1974—and submits it for congressional review.

What is Title IX called now and when did it change? ›

However, Title IX began its journey through all three branches of government when Representative Patsy T. Mink, of Hawaii, who is recognized as the major author and sponsor of the legislation, introduced it in Congress. When she died in 2002, Title IX was renamed the Patsy Mink Equal Opportunity in Education Act.

What is the statute of limitations on Title IX in California? ›

Victims of sexual abuse must file a lawsuit within three years from the date they discovered the abuse or reasonably should have discovered the sexual abuse. This allows a victim who was unaware of the abuse at the time the ability to seek financial compensation and justice beyond the 10-year deadline.

Does Title 9 only protect students? ›

Title IX protects everyone who interacts with a school from discrimination, including parents and guardians, students, employees, and applicants.

What are the elements of Title 9? ›

Title IX, like Title VI, recognizes three general types of prohibited discrimination: (1) disparate treatment, (2) disparate impact, and (3) retaliation. Any effective and meaningful administrative enforcement program under Title IX must be prepared to address all three.

What is Title IX most well known for? ›

Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment).

What is Title IX most commonly associated with? ›

Title IX is most commonly associated with gender discrimination in sports and is credited with advancing participation of women in athletics. However, the scope of Title IX is much more broad. It prohibits sex- and gender-based discrimination in all college programs and activities.

Is Title IX true or false? ›

Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex—including pregnancy and parental status—in educational programs and activities.

What is the average settlement for Title IX? ›

That wasn't the case 10 years ago.” Settling complaints from alleged victims in court cost colleges and universities an average of $350,000 in the years following the Obama guidance, and some settlements reached $1 million, UE reported in an analysis of Title IX claims from 2011 to 2015 at 1,600 institutions.

What was the most significant impact of Title IX? ›

A recent article in the New York Times found that there are lasting benefits for women from Title IX: participation in sports increased education as well as employment opportunities for girls. Furthermore, the athletic participation by girls and women spurred by Title IX was associated with lower obesity rates.

Why was Title IX created? ›

Congress passed Title IX in response to the marked educational inequalities women faced prior to the 1970s. Before Title IX, women were often excluded from or had only limited access to educational programs.

What is Title IX in layman's terms? ›

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination based on sex in education programs and activities that receive federal financial assistance.

What is Title IX for dummies? ›

Title IX of the Education Amendments of 1972 is a Federal civil rights law that prohibits sex discrimination at educational institutions that receive federal funding. Under Title IX, sexual discrimination includes harassment on the basis of sex.

What groups opposed Title IX? ›

ORGANIZATIONS OPPOSED TO TITLE IX PLAN
  • Alliance Defending Freedom.
  • American Association of Christian Schools (21): Buckeye Christian School Organization. ...
  • American Principles Project.
  • Concerned Women for America.
  • Eagle Forum (6) Alabama Eagle Forum. ...
  • Families Advocating for Campus Equality:
  • Family Policy Alliance.
  • FIRE.
Jul 18, 2022

What is Title IX What purpose does it serve? ›

Title IX of the Education Amendments of 1972. Title IX of the Education Amendments of 1972 (Title IX) prohibits sex (including pregnancy, sexual orientation, and gender identity) discrimination in any education program or activity receiving federal financial assistance.

What is Title IX and why is it important? ›

One of a series of amendments to the Higher Education Act of 1965, Title IX protects students from sex-based discrimination at any school that receives federal funding.

What is the Title IX definition of education program or activity? ›

Title IX provides that: “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance[.]”

What are examples of Title IX misconduct? ›

Sexual abuse or assault, battery, or coercion. Unwanted sexual contact that stops short of rape or completed rape. Use of force or manipulation of unwanted sexual activity. Physical acts where a person is incapable of giving consent or is against a person's will.

How did Title IX impacted women's rights? ›

Title IX of the law recognized education as an equal right for all. Within the title, there was a clause prohibiting gender-based discrimination in sports programmes, granting equal opportunity to both men and women to participate in sports.

What was the biggest impact of Title IX? ›

Gersen: Title IX's most palpable impact has been the one that was most obviously envisioned by Congress: the prohibition of formal inequality in the treatment of males and females by schools that partake of federal funding.

What is the problem with Title IX? ›

Then Title IX forced colleges and universities to fund men's and women's sports equally, and money flooded into women's sports. As a result, universities were offering significantly higher salaries to coaches of women's teams than they had before Title IX.

What is harassment under Title IX? ›

Title IX also prohibits gender-based harassment, which is unwelcome conduct based on a student's sex, harassing conduct based on a student's failure to conform to sex stereotypes. Sex-based harassment can be carried out by school employees, other students, and third parties.

What is retaliatory behavior? ›

Retaliatory actions are broadly defined to harassing behavior, significant changes to job duties or working conditions, and even threats to take personnel actions.

What is Title IX Foundation for Individual rights in education? ›

Title IX of the Education Amendments of 1972 is the federal law prohibiting sex discrimination in federally funded educational programs. One of our nation's most famous — and sometimes most controversial — civil rights laws, Title IX was for many years best known for its impact on college women's athletics.

Videos

1. Gender Equity In Sport
(Bureau of Educational and Cultural Affairs)
2. The Transformation Of Title IX: Regulating Gender Equality In Education
(Hoover Institution)
3. Title IX: For Discrimination-Free Education - Women’s Rights in the United States Series | Acade...
(United 4 Social Change)
4. Title IX Fireside Chat: Sherry Boschert and 37 Words
(Equal Rights Advocates)
5. Webinar: Title IX & Gender Equity in Sports
(Alliance for Girls)
6. Title IX High School Athletic Controversy | The Today Show, NBC News
(Alliance Defending Freedom)

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