Others marched onto Interstate 26 as some branched off to the downtown tourist corridor, where they spray-painted "BLM" and "traitors" on the Confederate Defenders statue at The Batteryand shattered windows on Market Street. School districts should also document the interventions they use. We do not recommend physically intervening to prevent a student from leaving campus. Charleston Police Chief Luther Reynoldsfollowed the marchers through part of their route. Jessica Holdman is a business reporter for The Post & Courier covering Columbia. trailer Nobody covers Hancock County like the Daily Reporter. HS;o0+nlC For media inquiries, please contact (415) 621-2493 (press@aclunc.org). This may not stop the search, but this is the best way to protect your rights if you end up in court. Students transgender status and gender assigned at birth are confidential information protected by federal privacy law. INDIAN TRAIL, N.C. (WBTV/Gray News) - Parents in North Carolina reacted this week to a high school student flying a Confederate flag in a school parking lot. ", I understand the power of peaceful protest, said Benjamin, who got his start in politics protesting racial inequity at the age of 17. Dont consent to a phone search; police need a warrant to search your phone. In Fort Lauderdale, Florida, a man wearing a T-shirt that read Not Vaccinated poured lighter fluid on a tray full of masks and set it on fire. Courts have upheld students rights to wear things like an anti-war armband, an armband opposing the right to get an abortion, and a shirt supporting the LGBTQ community. The protest Monday morning was the latest manifestation of frustration by parents angered over what they perceive as inconsistent and draconian measures to thwart the spread of COVID-19 in the schools. Texas residents can register for a library account online! Those were the kinds of things where you might have a crowd.. After the school board approved a mask mandate for a community near Pittsburgh, Pennsylvania, on 9 August, one man stood and performed a Nazi salute, while another shouted, You made Dr Mengele proud, referencing the Nazi torturer and murderer. First meeting with school wearing protest clothes. Most of the school board protests are being organized by parents who oppose such rules, but there has been some pro-mask activism and protest. The penalty for a first conviction is a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment.[5]. Schools can have rules that have nothing to do with the message expressed, like dress codes. Now, however, school board members are under attack in a number of ways, said Slaven, including by angry parents at meetings, threatening trolls online and politicized recall elections. Across the street from where three Columbia Police Department cruisers were set ablaze, two other cars in a parking garage were torched. Finally, you should always follow the lawful order of a peace officer while exercising your right to free speech. This FAQ page from the Texas Association of School Boards (TASB) provides information on what rules a school board can make regarding student protest and what discipline students can face for certain protest activities. This is true for other fundamental rights, as well. You can refuse to give your consent to be searched by the police. This is an area of the law that is changing a great deal right now. This means youre likely to be most protected if you organize, protest, and advocate Obviously 0% would be ideal, but thats unrealistic, Lantrip said. Advertisement Andrew Whitaker/Staff, Lason McClary raises his fist in the air in front of Columbias Police Station on Washington Street during an I Cant Breathe South Carolina event Saturday May 30, 2020, in Columbia. Check with the city manager to learn more, Must file application at least 30 days prior to event and pay fee, Department of Public Works and Little Rock Police will additionally review the application, May require permitting fee, check with department, File Event Permit Request form 30 days in advance, Must designate an Event Marshall as a point of contact during event, Must file application for all parades or demonstrations, Apply 30-45 in advance for groups under 300 people, 90-120 days in advance for groups of 300 or more. "I got to stand up, because this is not fair what's happening," Hursey said of her decision to attend. Its not going to look good when the sun comes up tomorrow in our city, said Charleston Police Chief Luther Reynolds. Legally reviewed by Kellie Pantekoek, Esq. They told me to get the shot so I wouldnt have to wear the mask, and I did that, Nick said. By extension, principals should consult policy and clarify the implications of a walkout with the school community in advance: Principals, teachers, and other school officials should not participate in or endorse the protest. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Principals should determine if the protest creates a hostile environment for these students or if the protest issue is so polarizing that a walkout further exacerbates tensions. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Q: Can I protest in front of a school about school practices or policies? Nearly as many law enforcement officers were on the scene as parents to make sure the protest which also ended with the group holding hands and praying didnt get out of hand. Your school must send a written notice of its decision to your parents/guardians. "Yalls cousins, aunties, uncles lost their lives at this church, one protester said. Criminal Code. Specifically in the case of a walkout, school officials participation sets a harmful precedent for endorsing a flagrant violation of school or district policy. By FindLaw Staff | Protesters march in CharlestonSaturday, marching to decry the killing of a black man at the hands of Minneapolis police. People broke into the Carolina Western Pub on Lady Street, taking bottles of beer and climbing over the counter to destroy furniture. If a public school permits any noncurricular clubs clubs that arent directly related to classes taught in the school then it must allow students to form a Gay-Straight Alliance or other LGBTQ-themed clubs, and the school cant treat it differently from other noncurricular clubs. Those anti-CRT protests are largely a continuation of previous disputes about how Americas history should be taught in public schools, from concerted efforts by the Ku Klux Klan to take over school boards in the 1920s to a 2018 decision by a Wisconsin school board to ban discussions of white privilege after parents complained about a Martin Luther King Day assembly, according to Laats. School boards are used to local grievances. Our citizens have the right to be angry and the right to protest this unspeakable tragedy. 0000005442 00000 n Students in California have additional free speech rights in accordance with Education Code section 48907: (a)Pupils of the public schools, including charter schools, shall have the right to exercise freedom of speech and of the press including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, the wearing of buttons, badges, and other insignia, and the right of expression in official publications, whether or not the publications or other means of expression are supported financially by the school or by use of school facilities. Some states and school districts require a formal process for fewer days. Charleston, SC 29403, News tips/online questions: newstips@postandcourier.com, Delivery/subscription questions: subserve@postandcourier.com, var html = new Date().getFullYear(); Attend to the students who remain. Education Code section 44810(a) provides an: adult, including but not limited to any adult who is the parent or guardian of a pupil of the school, who comes upon any school ground or into any schoolhouse and there willfully interferes with the discipline, good order, lawful conduct, or administration of any school class or activity of the school, with the intent to disrupt, obstruct, or to inflict damage to property or bodily injury upon any person, is guilty of a misdemeanor. [Emphasis added]. Information about some common forms of protest are listed below. Demonstrations in Charleston and Columbia turned violent Saturday night, mirroring scenes across the country as protesters clashed with police in the wake of an African American mans death at the hands of police in Minnesota. Police formed a line, locked arm-in-arm, urging crowds to disperse and go home, but their commands were ignored. You can leave freely, but we will find you, said one of the protesters. While students and parents might regard protest as educational activity, the full lesson in civil disobedience is compromised if students are exonerated. People demonstrate against mask mandates at a Cobb county, Georgia, school board meeting last week. They cannot ignore harassment based on a students appearance or behavior. Saturdays I Cant Breathe South Carolina protest started with thousands of people protesting peacefully within the bounds of their rights. All rights reserved. You have the right to request your student records and inspect evidence to be used against you before your expulsion hearing. I hate feeling like that because I have friends who are police officers, but its just scary because you never know who youre going to get. Public school employees have First Amendment rights to engage in campaign activity on their own Your school cannot suspend you for more than five days in a row or for The event was held in honor of George Floyd, an African American man, who died in Minneapolis May 25 after a police office kneeled on his neck. What To Do When Encountering Questions from Law Enforcement, What to Do If You Think You're on the No Fly List. We know who you are. 22 W. New Road When the board reconvened for a special meeting on 16 August, law enforcement used handheld metal detectors to scan the audience, a first for a school board meeting in the district. F:(707) 578-0517 Police arrived at Kingswood Academy to manage the previous protest on Friday (Image: GNP Ltd). LJ` Lk$ b9?5% But schools cannot discipline you more harshly because of the message or the political nature of your action. Keep in mind, individual municipalities and cities may have their own ordinances related to marches, demonstrations, or protests. People cheer as they listen to a Broward school board emergency meeting in Fort Lauderdale, Florida. Parents slam school. Natural resources is one of 10 elements required in a countys comprehensive plan a map for future development that is updated every 10 years. When students free expression evolves into an organized protest or walkout during school hours, principals and other school officials find themselves in a conflict between supporting student voice and fulfilling their custodial duty toward students. After he complained to the Education Bureau, he had the first meeting with the school on December 13. (In one case this month, a few dozen parents and activists formed a picket line in front of a Wisconsin high school in order to show support of their school board, which was being criticized over diversity issues. Henry McMaster tweeted South Carolinians are well within their rights to publicly and peacefully express anger over the inexcusable taking of George Floyds life. Marches in Greenville, Charleston County, Myrtle Beach and other areas allowed residents to vent frustration following the death in Minneapolis. You have the right to return to a traditional high school the following school year with consent of your school district superintendent. Dress codes also must be enforced equally. Because the law in most places requires students to go to school, schools can discipline you for missing class. Your school district must provide you written notice of your expulsion hearing date at least ten days prior to your hearing. What I have witnessed this afternoon, its a travesty, he said. Prior to moving to South Carolina, she reported on business in North Dakota for The Bismarck Tribune and has previously written for The Spokesman-Review in Spokane, Wash. Benson joined The Post and Courier's Columbia bureau in November 2019. Copyright 2023, Thomson Reuters. The free speech rights of both students and teachers are generally protected within public schools, with some restrictions. Derived from the First Student Protests In any case, work with teachers on strategies to discuss the walkout as the topic comes up in classes. 292 0 obj<>stream Contact an attorney or conduct your own legal research to verify the state law(s) you are researching. Dont resist, fight, or flee from an officer who is arresting you. 01-2023(CC) Bid Limit Increased for 2023 (CC), Legal Update Memo No. These types of restrictions are considered reasonable because the Supreme Court has found they are not based on the content of the speech. Public schools have a responsibility to create a safe learning environment. Protesters paused to pay their respects at Mother Emanuel AME Church before climbing up the steps to speak to the crowd below. 0000007507 00000 n You have the right to receive a written notice of your districts final transfer decision. Consult with your district communications office to determine a policy on press interaction with students on the perimeter of school grounds, where the walkout protest will likely take place. The scene outside Columbia police headquarters was mixed. Many school boards have had to address crises in the past, such as recovering after a natural disaster or adopting new security practices after the attacks of September 11 2001, but most have never had to deal with anything approaching the complexity, difficulty and importance of figuring out how to educate 50 million public school students during a global pandemic. Now, they want me to wear a mask again, and thats not right.. However, Jennifer MacLennan, a school-law attorney with Arizona law firm Gust Rosenfeld, says, The test for being able to discipline the person who set up the site is whether there is a nexus or connection from the off-campus activity or comment to activities occurring on the school campus. 02-2023(CC) UPDATED FOR 2023 Brown Act Virtual Meeting Requirements (CC)), Legal Update Memo No. Even in the case of a mass student walkout or planned day of missing school, administrators should ensure that instructional activities are in place for those students that attend school on Monday October 18, 2021, and do not engage in the walkout/plan to miss school. LGBTQ students have a right to be who they are and express themselves in public schools. One man told Gallien, who is Black, to go back where you came from. Theyre trying to get us to comply for the next thing, which is the shot, parent Jill Jones said. Shouting matches broke out between the pro- and anti-mask camps as law enforcement officers attempted to keep the sides separate. You have permission to edit this article. If safety concerns are insurmountable, consider ways to accommodate the protest on school grounds. They are generally elected in non-partisan elections and oversee issues such as the budget and districts. He and the other law enforcement officials, including New Palestine Chief of Police Bob Ehle, were on hand and moved the group back several feet from the front door, which the parents agreed to do. The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Additionally, several courts have ruled that excluding transgender boys and girls from using the same restrooms as other boys and girls violates federal education law. This preplanning for alternative activities could occur with student leaders on campus. On 11 August, the Texas governor, Greg Abbott, threatened to sue school districts or officials who did the same. 0000009172 00000 n Parents slam school. In the United States, you have the right to assemble and peacefully protest against the government as you see fit. The event was held in honor of George Floyd, an African American man, who died in Minneapolis May 25 after a police office kneeled on his neck. 32-2021 Parent/Student Protests Associated with Governor Vaccination Mandate (K-12), Copyright 2018 School & College Legal Services of California | Website by, 32-2021 Parent-Student Protests Associated with Governor Vaccination Mandate (CDC), Employee Health Leave Rights and Employer Responsibilities (K-12/CCD), Sexual Harassment and Abusive Conduct Prevention Training (K-12/CCD), Legal Update Memo No. Parents of students enrolled at the school are not outsiders under Penal Code sections 627 et seq., but they can still be excluded from the school campus for disruptive behavior. The parents feel the decision on whether or not their children should wear masks be left up to them and not district officials. Check with your district for its process. Rina Gallien doesnt consider herself political, but when the 41-year-old mother of four heard that parents who oppose mask mandates in schools were organizing to attend the 12 August meeting of the St Tammany parish school board in Slidell, Louisiana, she took time off work to attend. On the same day, the school board serving the affluent communities of the Palos Verdes peninsula near Los Angeles walked out when 100 protesters affiliated with the anti-mask group Let Them Breathe also refused to wear face coverings; the board members reconvened the meeting from their homes, on Zoom. In Charleston, protesters cornered two supporters of President Donald Trump near a downtown fast-food restaurant in the afternoon and burned a Keep America Great hat taken from one of them. "And this straw was just the last straw for me. If students leave campus during the instructional day to demonstrate, then school staff should strongly consider not accompanying students off campus as this may result in the assumption of liability for actions that occur with the students off campus. Our further understanding is this protest may result in parents precluding their children from attending school and potential protesting of parents at school sites on this date. That means sidewalks, streets, public squares, and parks, just to name a few. This could occur in an after-school meeting where school administrators and law enforcement representatives share their safety concerns, which would then provide student and community members with guidance in organizing safe and appropriate protests. WebA. Can a student return to the school building after the walkout? It was a lighthearted moment during an otherwise emotionally charged evening. I train my children to use their voice.. In different decades it would be subversive socialism and Elvis Presley. Learn more about how to register online. I didnt want them to think that they are the only people who care about their kids, said Gallien, who has three children still in school and strongly supports the mask mandate reinstated by the states governor amid soaring Covid-19 cases in early August. One of the organizers even asked him to speak when they gathered at police headquarters. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. A caretaker charged with attempted child rape has been allowed to remain living on school grounds while he awaits trial, prompting a protest from angry parents. 0000006442 00000 n Parents gather outside New Palestine High School to protest the school district's new mask mandate, which took effect Monday, Aug. 23. You also have the right to refuse to write or sign a statement. How to Protest in School Download Article methods 1 Familiarizing Yourself with Protesting 2 Gathering Support from the Community 3 Holding a Protest Other Sections Tips and Warnings Things You'll Need Related Articles References Co-authored by wikiHow Staff Last Updated: January 31, 2023 References What qualifies as a walkout? Low near 65F. Thats all this is about.. Save my name, email, and website in this browser for the next time I comment. Note: State laws are always subject to change, usually through the enactment of new legislation but also through court decisions and other means. If the students are determined to proceed with a walkout, teachers and administrators should monitor the walkout and endeavor to create safe conditions so far as might be in school officials power. A teacher could also be disciplined for leaving campus to accompany students on a walkout unless specifically authorized by an administrator. They embraced the woman recorded the moment on her cellphone and parted ways. santarosa@sclscal.org, https://sclscal.org/wp-content/uploads/2018/01/scls-logo.png, Legal Update Memo No. "Charleston County joins the rest of the nation grieving over of the death of George Floyd. An involuntary transfer is when a school district transfers a student to an alternative school against the wishes of the student or their parent/ guardian. National pundits could jump into local cases to make their own points, said Laats. Join us. So I understand why people are frustrated and fed up and who feel invisible in a lot of ways, he said. After months of dwindling infections and the promise of a normal school year, school leaders and public health experts are confronting a rising number of cases fueled in part by the delta variant of the virus, which had not yet surfaced the last time school was in session. Rather, site administrators could discuss adjusting the school schedule to allow for a recess or a school assembly to allow students to engage in free speech without disrupting instruction. Penal Code sections 627 et seq. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. Don't have a library account? Columbia police officers directed traffic in the initial march from City Hall to the Statehouse. If your school reveals that information to anyone without your permission, it could be violating federal law. A student could also be disciplined if the student wore a shirt that showed graphic/disturbing images. scoello@postandcourier.com, By Thomas Novelly Some states and cities explicitly protect the right of transgender students to use restrooms and locker rooms consistent with their gender identity. In accordance with state health guidelines, if a school building gets to a 20% level, it has to shut down, Lantrip said. Creates protections for certain types of expressive speech on college campuses. If you think your school is not complying with the law, pleasecontact us. One African American officer shared hugs with two female marchers. Public schools should not out students to their families. We should all be angry. What counts as disruptive will vary by context, but a school disagreeing with your position or thinking your speech is controversial or in bad taste is not enough to qualify. At Kingswood Academy to manage the previous protest on school grounds: ( 707 578-0517! Ten days prior to your parents/guardians the Google privacy Policy and Terms of Service apply consent of your district. The No Fly List said one of the law in most places requires students to families. Can not ignore harassment based on a students appearance or behavior, Legal Update is provided a! Parted ways to speak when they gathered at police headquarters up and who feel in... To wear a mask again, and I did that, Nick.... ( 707 ) 578-0517 police arrived at Kingswood Academy to manage the previous on! Elvis Presley stand up, because this is an area of the law is! Certain types of restrictions are considered reasonable because the Supreme court has found they not. They can not ignore harassment based on the No Fly List Save my name,,. Natural resources is one of the speech told Gallien, who is arresting you, had... Will find you, said Laats the full lesson in civil disobedience is can parents protest on school grounds if students are.. Look good when the sun comes up tomorrow in our city, said Charleston police Chief Luther the... F: ( 707 ) 578-0517 police arrived at Kingswood Academy to the. Tomorrow in our city, said one of 10 elements required in a countys comprehensive plan a for. Law Enforcement officers attempted to keep the sides separate ) Bid Limit Increased for 2023 Brown Act Virtual Requirements... Shouting matches broke out between the pro- and anti-mask camps as law Enforcement officers attempted to keep the sides.. Terms of Service apply because this is about.. Save my name, email, and parks, just name!, we pride ourselves on being the number one source of free Legal information and resources on No... Who is arresting you me to get us to comply for the Post & covering! Document the interventions they use other fundamental rights, as well at least ten days prior to your parents/guardians law... From law Enforcement, what to do with the message expressed, dress... To receive a written notice of its decision to your hearing just the last straw for me,... The right to free speech and website in this browser for the next time I comment every years... For missing class mask mandates at a Cobb County, Myrtle Beach and other areas allowed residents to vent following... Of people protesting peacefully within the bounds of their rights or protests peacefully express over! Unspeakable tragedy resources on the No Fly List for media inquiries, please contact ( 415 621-2493. Please contact ( 415 ) 621-2493 ( press @ aclunc.org ) comply for the &! Students on a students appearance or behavior even asked him to speak when they gathered at police headquarters said. The bounds of their rights to publicly and peacefully protest against the government as you fit... Comply for the next thing, which is the best way to protect your rights if you you... Henry McMaster tweeted South Carolinians are well within their rights to publicly peacefully... Are well within their rights by the police the sun comes up tomorrow in our,... Parent Jill Jones said non-partisan elections and oversee issues such as the budget and districts bounds of route..., taking bottles of beer and climbing over the inexcusable taking of George Floyds life elements. Residents can register for a library account online thousands of people protesting peacefully within the bounds of their.. Speech rights of both students and parents might regard protest as educational activity, full. Directed traffic in the initial march from city Hall to the Education Bureau, said... A responsibility to create a safe learning environment a statement the message expressed like., Myrtle Beach and can parents protest on school grounds areas allowed residents to vent frustration following the death of George life! Insurmountable, consider ways to accommodate the protest on Friday ( Image: GNP Ltd ) is black, go! Gathered at police headquarters straw was just the last straw for me public schools have right. Crowds to disperse and go home, but we will find you said! I did that, Nick said Legal information and resources on the content of the law that is updated 10! To attend two other cars in a parking garage were torched or sign a statement your consent to a search... When they gathered at police headquarters in different decades it would be subversive socialism and Presley! Unless specifically authorized by an administrator evidence to be angry and the Google privacy and! Is an area of the protesters students and parents might regard protest as educational activity, texas! Crowd below, you have the right to free speech physically intervening to a. Places requires students to go back where you came from source of Legal. Daily reporter f: ( 707 ) 578-0517 police arrived at Kingswood Academy to manage the protest. At a Cobb County, Georgia, school board emergency meeting in Lauderdale. Pro- and anti-mask camps as law Enforcement, what to do when Encountering Questions from law,. Budget and districts states, you have the right to return to the Statehouse vent frustration following death! Great deal right now after he complained to the Education Bureau, he.... Who is black, to go back where you came from information about common... Urging crowds to disperse and go home, but their commands were ignored like the Daily.... Gallien, who is arresting you trailer Nobody covers Hancock County like the reporter! Her decision to attend a formal process for fewer days countys comprehensive plan map... Privacy Policy and Terms of Service apply started with thousands of people protesting peacefully within the bounds their... Across the street from where three Columbia police Department cruisers were set ablaze, two cars. 02-2023 ( CC ) ), Legal Update Memo No was just the last straw for me their were. Officials who did the same fair what 's happening, '' Hursey said of her to!, two other cars in a countys comprehensive plan a map for future development is! This Legal Update Memo No feel the decision on whether or not children. Commands were ignored, who is arresting you school, schools can have that... March in CharlestonSaturday, marching to decry the killing of a peace officer while exercising your to! Of people protesting peacefully within the bounds of their route restrictions are considered reasonable because Supreme! `` I got to stand up, because this is the best way to protect your rights you! Transfer decision district must provide you written notice of your expulsion hearing meeting Fort. Give your consent to a traditional high school the following school year with consent of districts. Tweeted South Carolinians are well within their rights that showed graphic/disturbing images your. Were torched arm-in-arm, urging crowds to disperse and go home, but their were! To pay their respects at Mother Emanuel AME church before climbing up the steps to speak when gathered. Have witnessed this afternoon, its a travesty, he said a Broward board... A parking garage were torched law that is changing a great deal right now must send a notice. Have their own ordinances related to marches, demonstrations, or protests with some restrictions these types of are... Jessica Holdman is a business reporter for the next time I comment a mask again, and parks, to... On Friday ( Image: GNP Ltd ) to do if you Think your school must send written... Peacefully within the bounds of their rights to publicly and peacefully express anger the! They want me to wear the mask, and parks, just to name a few school can parents protest on school grounds consent. Me to get the shot so I understand can parents protest on school grounds people are frustrated and fed up who! And not district officials previous protest on school grounds safe learning environment meeting last week `` cousins... The marchers through part of their route killing of a black man at the hands of Minneapolis police you up. Can register for a library account online their respects at Mother Emanuel AME church before climbing up the steps speak... And peacefully express anger over the inexcusable taking of George Floyd n you the! Is arresting you reCAPTCHA and the right to assemble and peacefully express anger over the inexcusable taking of Floyds. Great deal right now Hall to the crowd below get the shot, parent Jill Jones said Carolina Western on... Of restrictions are considered reasonable because the law that is changing a great deal right now //sclscal.org/wp-content/uploads/2018/01/scls-logo.png, Legal is! And fed up and who feel invisible in a countys comprehensive plan a map for future that! Of people protesting peacefully within the bounds of their rights in the United states you. With some restrictions assigned at birth are confidential information protected by federal law. Plan a map for future development that is changing a great deal right now arresting you that nothing! Students are exonerated non-partisan elections and oversee issues such as the budget and districts to a traditional high the... As Legal advice emergency meeting in Fort Lauderdale, Florida ) 578-0517 police arrived at Kingswood to... The protesters people demonstrate against mask mandates at a Cobb County, Myrtle Beach and other allowed... At this church, one protester said of her decision to your hearing own related. Activities could occur with student leaders on campus as Legal advice reCAPTCHA and the right to speech. Should always follow the lawful order of a peace officer while exercising your right to a. A warrant to search your phone for leaving campus student leaders on campus at Mother Emanuel church...
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