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Addressing Disproportionality: 2006 Summer Institute

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Title: Addressing Disproportionality: 2006 Summer Institute


1
Addressing Disproportionality 2006 Summer
Institute
  • Using IDEA's Exclusionary Factors in Special
    Education Evaluation Developing an IEP Team
    Toolkit

Craig A. Albers, PhD, NCSP University of
Wisconsin-Madison
John Humphries, NCSP WI Department of Public
Instruction
2
Legal Requirements for Exclusionary Factors
  • PL 89-10 (1965) Elementary and Secondary
    Education Act
  • Precursor to IDEA
  • First mention of services and specialized
    instruction and equipment . . . for persons who
    are handicapped. . . ."
  • No mention of eligibility or exclusionary
    factors more of a focus on low-income students
  • PL 94-142 (1975)
  • Education for all Handicapped Children Act of
    1975
  • PL 98-199 (1983)
  • Education of Handicapped Act Amendments of 1983
  • The term does not include children who have
    learning problems which are primarily the result
    of visual, hearing, or motor handicaps, of mental
    retardation, of emotional disturbance or of
    environmental, cultural, or economic
    disadvantage. SLD

3
Current Legal Requirements for Exclusionary
Factors
  • 300.306 (Determination of Eligibility) (b)
    Special rule for eligibility determination. A
    child must not be determined to be a child with a
    disability under this part--
  • (1) If the determinant factor for that
    determination is--
  • (i) Lack of appropriate instruction in reading,
    including the essential components of reading
    instruction (as defined in section 1208(3) of the
    ESEA)
  • (ii) Lack of appropriate instruction in math or
  • (iii) Limited English proficiency.

4
Current Legal Requirements for Exclusionary
Factors relating to SLD
  • 300.309 Determining the existence of a specific
    learning disability
  • (3) The group determines that its findings under
    paragraphs (a)(1) and (2) of this section are not
    primarily the result of--
  • (i) A visual, hearing, or motor disability
  • (ii) Mental retardation
  • (iii) Emotional disturbance
  • (iv) Cultural factors
  • (v) Environmental or economic disadvantage or
  • (vi) Limited English proficiency.

5
Required Documentation
  • 300.311 Specific documentation for the
    eligibility determination.
  • (6) The determination of the group concerning the
    effects of a visual, hearing, or motor
    disability mental retardation emotional
    disturbance cultural factors environmental or
    economic disadvantage or limited English
    proficiency on the childs achievement level.

6
How are Exclusionary Factors used in Wisconsin?
  • 2005 WSPA Survey of School Psychologists
  • Over 200 respondents of the 941 licensed WI
    school psychologists (representing every CESA)
    revealed that a vast majority of IEP Teams (60)
    make little or no documentation of any
    exclusionary factors.
  • Denying special educational services because of
    the exclusionary factors was even more rare (90
    of IEP Teams made fewer than 4 denials in the
    course of the 2003-2004 school year).

7
Time for a Quiz!
  • Can a 3rd grade ELL student who is having
    difficulty learning to read and do mathematics be
    classified as having a Specific Learning
    Disability?
  • YES OR NO?
  • Can a 5th grade student who has missed
    approximately 27 of days since beginning
    kindergarten receive special education services?
  • YES OR NO?

8
Orienting Questions
  • Have you ever had a student where you felt that
    IF the child did not receive special education
    services, that he or she would not receive any
    services at all?
  • Has the above rationale ever been mentioned in an
    eligibility team meeting?
  • Have you ever been on a team that determined a
    child should not receive special education
    services because of the presence of exclusionary
    factors?

9
Orienting Questions
  • Do you know of any student that was placed in
    special education so that he or she could receive
    services (implicitly or explicitly), even though
    you felt that he or she did not actually have a
    disability?

10
Foundations of Exclusionary Factors Toolkit
  • THERE IS NO RIGHT WAY TO DO THE WRONG THING!

11
Beware of the CONFIRMATION BIAS!
12
Foundations of Exclusionary Factors Toolkit
  • Our purpose is to ensure that special education
    exclusionary factors…
  • …contribute to the appropriate level of services
    for all students, whether through
    federally-mandated special education services or
    through locally-based (i.e., school level)
    intervention services. We recognize the legal and
    ethical requirements for providing appropriate
    services to students with disabilities through
    special education placements however, we also
    recognize that the placement of students without
    disabilities in special education programs is
    detrimental to the student and is an
    inappropriate allocation of resources. We stress
    that exclusionary factors should serve as a
    motivator for the development of locally-based
    universal and selected intervention options to
    more appropriately provide services to students
    without disabilities but who still have
    educational and developmental needs.

13
Our purpose is to ensure that special education
exclusionary factors…
  • …are not recognized as only being a special
    education issue. Instead, regular education also
    has to be connected to exclusionary factors, in
    recognition of regular education and special
    education services being provided along a
    continuum and not as distinct and separate
    entities.

14
Our purpose is to ensure that special education
exclusionary factors…
  • …are considered with all students however, we
    also realize that the issue of exclusionary
    factors is directly connected to the issue of
    overrepresentation of racially, culturally,
    ethnic, economically disadvantaged, and language
    diverse students.

15
Our purpose is to ensure that special education
exclusionary factors…
  • …are systematic, systemic, and data-driven.
    Consideration of exclusionary factors should
    occur at all levels throughout the school system
    and occur in a systematic way, and be based on
    data. Schools should strive to avoid being data
    rich and information poor.

16
Our purpose is to ensure that special education
exclusionary factors…
  • …are recognized as being a double-edged sword.
    While exclusionary factors are intended to
    prevent inappropriate placement, concern exists
    that exclusionary factors can be misinterpreted
    and misused, resulting in students with
    disabilities being excluded from receiving
    legally entitled services.

17
Our purpose is to ensure that special education
exclusionary factors…
  • …are applied and interpreted in such a method to
    increase understanding of the school-based and
    individual differences of the student.

18
Our purpose is to ensure that special education
exclusionary factors…
  • …are considered at pre-referral and
    post-referral time points. This requires
    understanding of multifaceted and inter-related
    factors.

19
  • Although many issues are connected to the
    inappropriate placement of students in special
    education programs, and many factors contribute
    to the overrepresentation of racially,
    culturally, ethnic, economically disadvantaged,
    and language diverse students, the appropriate
    use of exclusionary factors will enhance
    appropriate placement and service provision for
    all students.

20
What are the Drawbacks of Ignoring Exclusionary
Factors and Placing Children in Special Education
when the Child does not have a Disability?
  • Negative affects of being labeled as having a
    disability when one does not actually exist
  • Lowered expectations
  • Watered-down curriculum
  • Inappropriate allocation of resources
  • Many more!

21
Example of Mislabeling Consequences Which
would you prefer?
  • Example 1
  • During an annual exam, a doctor discovers I have
    high cholesterol.
  • This leads him to diagnose me with heart disease.
  • Further, because of the diagnosed heart disease,
    he is considering recommending by-pass surgery.
  • Implications for obtaining life insurance, health
    insurance, etc.
  • Personal (di)stress
  • Example 2
  • During an annual exam, a doctor discovers I have
    high cholesterol.
  • This leads him to diagnose me with high
    cholesterol.
  • First stage of treatment is an improved diet and
    more exercise.
  • Second stage (if necessary) is treatment with
    medications.
  • Surgery does not happen unless blockages are also
    discovered at a later stage.

22
Domains of Focus
  • Learner
  • Instruction
  • Curriculum
  • Classroom and school environment disadvantage
  • Environmental disadvantage
  • Economic disadvantage
  • Cultural disadvantage

23
Learner Domain
  • Most evaluations tend to be focused on the
    learner rather than on other domains.
  • Internal versus extrinsic factors
  • This appears to be the result of the prevailing
    belief that a student who is not successful in
    school and who does not respond to immediately
    available classroom interventions must have a
    disability if their assessment results meet the
    criteria for disability.
  • Unfortunately, assessment focused primarily on
    the learner ignores other possible reasons for
    delayed achievement.
  • Methods of examining this domain include the use
    of RTI models, motivational interviewing, etc.

24
Learner Domain Examples
  • LEP/ELL (influence of second language acquisition
    on learning)
  • Visual disability
  • Hearing disability
  • Motor Disabilities
  • Impaired cognitive functioning
  • Emotional disturbance
  • Autism spectrum disorders
  • Emotional Stress
  • Difficulty adjusting to home or school
  • Lack of motivation
  • A students academic performance and behavior may
    be impacted by a temporary crisis situation
  • School absences due to poor physical health
  • Poor school performance and behavior resulting
    from illegal chemical use

25
Instead of looking at what is wrong with the
child (e.g., internal deficit), the remaining
exclusionary factors look at deficits external to
the child
26
Instruction Domain
  • (b) To ensure that underachievement in a child
    suspected of having a specific learning
    disability is not due to lack of appropriate
    instruction in reading or math, the group must
    consider, as part of the evaluation described in
    300.304 through 300.306
  • (1) Data that demonstrate that prior to, or as a
    part of, the referral process, the child was
    provided appropriate instruction in regular
    education settings, delivered by qualified
    personnel and
  • (2) Data-based documentation of repeated
    assessments of achievement at reasonable
    intervals, reflecting formal assessment of
    student progress during instruction, which was
    provided to the childs parents.

27
Instruction Domain
  • IDEA04 references the NCLB in requiring
    scientifically-based instruction. Further, the
    language of NCLB was shaped around the 2000
    National Reading Panel report, which states that
    scientifically-based reading instruction should
    include instruction in phonemic awareness,
    phonics, fluency, vocabulary and comprehension,
    including the teaching of early literacy skills.
  • Assessing lack of instruction could mean that
    students in 3rd or 4th grade who are
    significantly behind their peers should not be
    found to be disabled if there is no clear history
    of instruction in reading that follows the NCLB
    requirements and that this lack of instruction is
    the determinant factor in the students
    difficulties.

28
Instruction Domain
  • Lack of evidenced-based reading programs such as
    Reading Recovery, Reading Mastery, and Success
    for All, which include the essential components
    of reading instruction (e.g. explicit
    instruction, phonemic awareness, etc.)
  • Lack of instruction in math
  • Lack of exposure to relevant cognitive tasks
  • Little to no progress monitoring utilized to
    inform and individualize instruction
  • Students not taught at appropriate instructional
    levels
  • Failure to examine student behavior in relation
    to instruction to identify deterrents to learning
  • Poor instructional planning

29
Instruction Domain
  • Instructional Match (Ysseldyke Christenson,
    2002)
  • Accurate assessment of the students level of
    skill development
  • Instructional goals and objectives matched to the
    students skills
  • Assigned tasks relevant to the students
    background and experience
  • Existence of prerequisite skills necessary to
    complete assigned tasks

30
Instruction Domain
  • Instructional Match (cont)
  • Instruction timing and pacing consistent with the
    students skill level and attention span
  • Standards for acceptable daily classroom
    performance consistent with the students skill
    development level
  • Skills necessary for the student to complete
    assigned tasks have been identified through task
    analysis
  • Students success rate on academically relevant
    tasks appropriate (i.e., 90-100 for independent
    work)

31
Instruction Domain
  • Instructional Expectations (Ysseldyke
    Christenson, 2002)
  • Student understanding of what is expected of
    him/her (e.g., task completion, neatness,
    accuracy, mastery of instructional goals, etc)
  • Expectation that the student will be an active
    and involved learner
  • Student accountability for his/her performance
    and progress
  • Opportunities for active responding
  • Clear communication of the objectives/goals for
    the instructional lesson so that the student
    knows what is to be learned

32
Instruction Domain
  • Instructional Presentation (Ysseldyke
    Christenson, 2002)
  • Substantive teacher-student interaction (e.g.,
    ask/answer questions, repeat directions, provide
    feedback)
  • Clear directions that are of reasonable
    length/complexity for the student
  • Student attention focused and maintained on the
    critical skills and concepts to be learned
  • Teacher modeling/demonstration sufficient for the
    student to be initially successful on independent
    activities
  • Student and teacher enthusiasm about what is
    being taught
  • Variation in instructional routine/presentation
  • Information structured for the student in a
    systematic way (advance organizers, review,
    guided practice)

33
Instruction Domain
  • Cognitive Emphasis (Ysseldyke Christenson,
    2002)
  • Student understanding of the purpose of the
    lesson
  • Effective learning strategies that are used
    (e.g., memorizing, reasoning, concluding, and
    evaluating) for the student
  • Student explanation of the process used to solve
    problems or complete work
  • Student understanding of why and how his / her
    responses are correct / incorrect

34
Instruction Domain
  • Motivation Strategies (Ysseldyke Christenson,
    2002)
  • Encouragement to perform (e.g., shown how, told
    he / she can do the work)
  • Value of learning emphasized in addition to task
    completion
  • Student belief that he / she can complete
    assigned tasks with success
  • Student understanding of the importance of tasks
    for future activities

35
Instruction Domain
  • Motivation Strategies (Ysseldyke Christenson,
    2002)
  • Task relevance to background and personal
    experience
  • Level of task appropriateness
  • Enthusiasm and interest by the teacher
  • Ambitious but realistic goals
  • Alternative ways to demonstrate mastery
  • Rewards contingent on mastery or a performance
    level at which the student can achieve with
    effort
  • Reinforcement of student progress and achievement

36
Instruction Domain
  • Toolkit materials
  • Classroom observation materials
  • Examination of time-on-task
  • Evaluation of the current classrooms
    instructional techniques
  • Materials to assist in the examination of
    student-instructional match
  • Clarifications of highly qualified staff
  • Progress monitoring components
  • Evidence of data-based decision-making

37
Curriculum Domain
  • A strong curriculum in one setting does not
    automatically mean that it will work in a
    different environment
  • Needs to be a match between the curriculum and
    the students, especially in consideration of
    their background and foundation skills.
  • A great curriculum does not guarantee success for
    all other variables are involved.
  • Things to examine
  • Core components of curricula.
  • The existence of formal evaluation system to
    analyze the effectiveness of curriculum and
    instruction (e.g. failure to develop and analyze
    local norms).
  • Whether exposure to inappropriate curriculum
    occurs due to unnecessary placement in special
    education (e.g. overrepresentation of minority
    children in SpEd).
  • Exposure to inappropriate/antiquated curriculum.
  • Failure of curriculum to prepare students for the
    academic demands of the subsequent grade level
    (i.e. lack of curricular cohesiveness between
    grade levels).

38
Curriculum Domain
  • Reasonable accommodations of the curriculum to
    meet the students unique and specific
    instructional needs
  • Is instruction systematically adapted so that the
    student is able to experience success?
  • Are different materials, alternative teaching
    strategies, increased practice opportunities, or
    alternative group placements considered when a
    student fails to master an objective?
  • Does the student receive additional review and
    practice in areas of difficulty?

39
Classroom School Environment Domain
  • Exposure to inappropriate/antiquated academic
    materials
  • Lack of adequately trained teachers (e.g.
    district hiring uncertified teachers)
  • Limited to no available bilingual programs
  • English language learners (ELLs) taught by
    unqualified teachers
  • District size
  • Unmanageable class sizes
  • Lack of opportunities for continued professional
    development
  • Unmanageable caseloads for student services
    personnel (e.g. school counselor, school
    psychologist, speech and language pathologist)

40
Classroom School Environment Domain
  • Inconsistent educational programming
  • Failure to equip classrooms with computers and
    other useful technology important for student
    growth
  • Schools in poor physical condition (e.g. failure
    to appropriately control climate- no air
    conditioning or poor heating system)
  • Failure to maintain control of student behavior
    leading to chaotic learning environment

41
Classroom School Environment Domain (Ysseldyke
Christenson, 2002)
  • Clear classroom rules and routines that are
    understood by the student
  • Enforcement of rules that enhance the likelihood
    that the student will comply with these rules
  • Monitoring of students compliance with the rules
  • Students ability to manage his/her behavior
  • Student participation in the establishment of
    classroom rules
  • Sufficient time allocation
  • Productive use of time

42
Classroom School Environment Domain (Ysseldyke
Christenson, 2002)
  • Positive, safe, and cooperative classroom
    environment
  • Reminders about expected behavior in advance of a
    lesson
  • Classroom management allows for an academic focus
    (e.g., direct teaching of skills and concepts)
    and high rates of productivity (e.g., content
    coverage, work completion)
  • Adequate opportunity to practice with appropriate
    materials and achieve a high success rate
  • Importance of classroom tasks in achieving
    instructional goals
  • Relatively immediate feedback and specific
    information on his / her performance or behavior
  • Active engagement in responding to academic
    content

43
Environmental Disadvantage Domain Impact of Risk
and Relationship with Exclusionary Factors
SOURCE U.S. Department of Education, National
Center for Education Statistics, Early Childhood
Longitudinal Study, Kindergarten Class of 199899
(ECLS-K), Longitudinal Kindergarten-First Grade
Public-Use Data File and Third Grade
Restricted-Use Data File, fall 1998, spring 1999,
spring 2000, and spring 2002.
44
Environmental Disadvantage Domain
  • Parents may work multiple jobs and have limited
    to no time to be involved in childs education
  • Student may take on great responsibilities at
    home, such as caring for younger siblings while
    parents are working, and have little time for
    schoolwork.
  • Poor children often have limited access to
    educational materials (e.g. books, computers,
    games) at home and spend more time watching
    television
  • Student may be working after school and find
    little time to devote to schoolwork.
  • Student may be living in impoverished
    neighborhood that lacks supportive community
    services that provide educational experiences
    (e.g. libraries, YMCA, after-school programs)

45
Environmental Disadvantage Domain
  • At home, are high, realistic expectations about
    schoolwork communicated to the child? Is the
    value of effort and working hard in school
    emphasized?
  • Expectations
  • Encouragement
  • Reinforcement
  • Is there an authoritative approach to discipline?
    Is the child monitored and supervised?
  • Is there an educative home environment, in which
    others participate in the childs schooling and
    learning?
  • Are there organization and daily routines that
    facilitate the completion of schoolwork and
    support for the childs academic learning?

46
Economic Disadvantage
  • Students from low SES areas are exposed to a
    larger number of risk factors, such as
  • Violence
  • More crime
  • Physical / neighborhood hazards
  • Family disruption and divorce
  • Separation from family
  • A general more punitive parenting style
  • Less likely to have well-qualified teachers
  • Increased exposure to toxins / air pollution
  • Auditory pollution
  • Number of people in the home
  • Lower number of educational materials in the home
  • Less exposure to print
  • Lack of access to computers
  • Reduced municipal services
  • Overcrowded schools / lack of educational funding

47
Economic Disadvantage
  • Parents may work multiple jobs and have limited
    to no time to be involved in childs education
  • Student may take on greater responsibilities at
    home, such as caring for younger siblings while
    parents are working, and have little time for
    schoolwork.
  • Student may be working after school and find
    little time to devote to schoolwork.
  • Student may be living in impoverished
    neighborhood that lacks supportive community
    services that provide educational experiences
    (e.g. libraries, YMCA, after-school programs)

48
Economic Disadvantage
  • Fewer opportunities to take part in
    extracurricular activities that provide
    educational experiences and adult mentors (e.g.
    girl/boy scouts, music lessons, soccer team)
  • Greater exposure to and affiliation with deviant
    peers
  • Foster or institutionalized care is more common,
    leading to greater instability which negatively
    impacts school performance
  • Tend to be read to less and experience fewer
    supportive parent behaviors (e.g. encouragement
    to count and learn the ABCs)

49
Economic Disadvantage
  • Per-pupil school expenditure is strongly tied to
    financial advantage (e.g. students living in
    suburban areas often receive more money than
    inner-city students)
  • Increased school absences due to homelessness
    negatively impacts academic performance
  • Increased exposure to violence and family turmoil
    may impact school performance
  • Separation from family, instability, and chaotic
    households are common realities for children
    living in poverty
  • Fewer available social supports
  • Less access to healthcare

50
Economic Disadvantage - Impact on Language
Development
13 professional parents
23 working-class parents
6 parents on welfare
51
Cultural Disadvantage
  • Biased assessments (e.g., reliance on
    standardized assessments that are not validated
    for limited English speakers)
  • Parents and school may have conflicting
    educational and behavioral expectations/goals for
    child due to cultural differences (e.g. parents
    may not value academic learning as highly as
    compliant behavior)
  • Miscommunication between parents and school
    personnel arising from differing cultural/ethnic
    backgrounds
  • Parents may be less involved in childs education
    due to cultural and communication barriers

52
Cultural Disadvantage
  • A student who is a new arrival to the U.S. may be
    at a disadvantage due to limited exposure to
    previous educational settings (e.g. Hmong child
    who has grown up in a refugee camp)
  • Ethnically/racially diverse student may
    experience differential treatment at school from
    teachers and students (i.e. institutionalized
    racism, discrimination), impacting academic
    performance and behavior.
  • The educational policies of the dominant culture
    maintain the status quo, requiring minority
    groups to conform to the dominant groups
    practices which often include subordination and
    discrimination.

53
Key Questions for Educators, IEP Team, and other
School Professionals to Ask
  • The rating scale to be included in the toolkit
    will guide individuals to ask the following
    questions
  • Is this factor present?
  • Yes, Partially, or No
  • For how long has this factor been present?
  • From the beginning of the students educational
    experiences.
  • For more than one academic year, but not the
    entire time of the students educational
    experiences.
  • For only the current academic year,
  • Recently (not present at beginning of academic
    year, but began at some point after the beginning
    of the year).

54
Key Questions for Educators, IEP Team, and other
School Professionals to Ask
  • Is this factor contributing to the childs
    difficulties?
  • Yes, Partially, No
  • Would this students difficulties continue to
    exist if this factor was no longer present?
  • Yes, definitely
  • Yes. However, the students difficulties would
    decrease as a result, but would still remain
    significant
  • The students difficulties would decrease, but it
    is unknown to what degree the difficulties would
    still be present.
  • No, the removal of this factor would make a
    significant difference in the students
    difficulties.
  • No, the removal of this factor would result in
    the students difficulties no longer being
    present.

55
(No Transcript)
56
Consideration of Exclusionary Factors
Prior to Referral
Following Referral
From Day 1
  • Lack of appropriate instruction
  • Limited English Proficiency
  • Environmental Disadvantage
  • Cultural Disadvantage
  • Economic Disadvantage
  • Lack of appropriate instruction
  • Limited English Proficiency
  • Environmental Disadvantage
  • Cultural Disadvantage
  • Economic Disadvantage
  • Lack of appropriate instruction
  • Limited English Proficiency
  • Environmental Disadvantage
  • Cultural Disadvantage
  • Economic Disadvantage
  • Nonbiased Assessment

Learner Instruction
Environmental disadvantage Cultural
disadvantage Economic
disadvantage Classroom and Instruction
Environment
57
Toolkit/Guidance Document
  • Overview of Exclusionary Factors and Nonbiased
    Assessment
  • Definitions, Legal Requirements, and Historical
    Perspectives
  • Purpose of Exclusionary Factors
  • Conceptualization of Exclusionary Factors within
    the Continuum of Regular Education and Special
    Education Services
  • Impact of Exclusionary Factors on Academic
    Performance
  • Explanation of Consensus Statements
  • How to Consider the Impact of Variable(s)
    Identified as Exclusionary Factors
  • Products
  • Description and examples of exclusionary factors
  • Checklist of exclusionary factors and
    corresponding potential indicators
  • Rating list of exclusionary factors and
    corresponding potential indicators
  • Explanation of how to utilize products
  • Professional development documents and materials
  • Discussion of how to address these issues with
    team members
  • Miscellaneous
  • How to consider exclusionary factors within RTI
    models
  • Case Examples
  • Example 1
  • Example 2

58
CONTACT INFORMATION
  • Craig A. Albers, PhD, NCSP Assistant
    Professor University of Wisconsin-Madison School
    Psychology Program 316E Educational Sciences 1025
    West Johnson Street Madison, WI 53706
  •  
  • Phone (608) 262-4586 Fax (608) 262-0843 Email
    caalbers_at_wisc.edu

59
Special Thanks to Members of the Exclusionary
Factors Workgroup
  • Jacqueline Iribarren, Student Services
    Coordinator, Middleton/Cross Plains Area School
    District
  • Dean Heus, School Psychologist, Wauwatosa School
    District
  • Kathy Laffin, DPI Consultant for Learning
    Disabilities
  • Doug Jardine, School Psychologist, CESA 12,
    Ashland
  • Eva Kubinski
  • Craig Albers
  • John Hanson, National Technical Consultant,
    Harcourt Measurement
  • Kathy Halley, School Psychology Coordinator,
    Madison Metro Schools
  • Sara Halberg, Madison Metro Schools
  • Kim O'Connor, Madison Metro Special Education
    Teacher/Coordinator
  • Tom Potterton, RSN/Director, CESA 12
  • John Humphries
  • Jeriann Kvapil
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