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92_SB0280 LRB9207558NTsb 1 AN ACT relating to education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Sections 1D-1, 14-7.02, 14-8.01, and 18-4.3 and adding 6 Section 14-7.02b as follows: 7 (105 ILCS 5/1D-1) 8 Sec. 1D-1. Block grant funding. 9 (a) For fiscal year 1996 and each fiscal year 10 thereafter, the State Board of Education shall award to a 11 school district having a population exceeding 500,000 12 inhabitants a general education block grant and an 13 educational services block grant, determined as provided in 14 this Section, in lieu of distributing to the district 15 separate State funding for the programs described in 16 subsections (b) and (c). The provisions of this Section, 17 however, do not apply to any federal funds that the district 18 is entitled to receive. In accordance with Section 2-3.32, 19 all block grants are subject to an audit. Therefore, block 20 grant receipts and block grant expenditures shall be recorded 21 to the appropriate fund code for the designated block grant. 22 (b) The general education block grant shall include the 23 following programs: REI Initiative, Summer Bridges, Preschool 24 At Risk, K-6 Comprehensive Arts, School Improvement Support, 25 Urban Education, Scientific Literacy, Substance Abuse 26 Prevention, Second Language Planning, Staff Development, 27 Outcomes and Assessment, K-6 Reading Improvement, Truants' 28 Optional Education, Hispanic Programs, Agriculture Education, 29 Gifted Education, Parental Education, Prevention Initiative, 30 Report Cards, and Criminal Background Investigations. 31 Notwithstanding any other provision of law, all amounts paid -2- LRB9207558NTsb 1 under the general education block grant from State 2 appropriations to a school district in a city having a 3 population exceeding 500,000 inhabitants shall be 4 appropriated and expended by the board of that district for 5 any of the programs included in the block grant or any of the 6 board's lawful purposes. 7 (c) The educational services block grant shall include 8 the following programs: Bilingual, Regular and Vocational 9 Transportation, State Lunch and Free Breakfast Program, 10 Special Education (Personnel,
Extraordinary,Transportation, 11 Orphanage , Private Tuition), funding for children requiring 12 special education services, Summer School, Educational 13 Service Centers, and Administrator's Academy. This 14 subsection (c) does not relieve the district of its 15 obligation to provide the services required under a program 16 that is included within the educational services block grant. 17 It is the intention of the General Assembly in enacting the 18 provisions of this subsection (c) to relieve the district of 19 the administrative burdens that impede efficiency and 20 accompany single-program funding. The General Assembly 21 encourages the board to pursue mandate waivers pursuant to 22 Section 2-3.25g. 23 The funding program included in the educational services 24 block grant for funding for children requiring special 25 education services in each fiscal year shall be treated in 26 that fiscal year as a payment to the school district in 27 respect of services provided or costs incurred in the prior 28 fiscal year, calculated in each case as provided in this 29 Section. Nothing in this Section shall change the nature of 30 payments for any program that, apart from this Section, would 31 be or, prior to adoption or amendment of this Section, was on 32 the basis of a payment in a fiscal year in respect of 33 services provided or costs incurred in the prior fiscal year, 34 calculated in each case as provided in this Section. -3- LRB9207558NTsb 1 (d) For fiscal year 1996 and each fiscal year 2 thereafter, the amount of the district's block grants shall 3 be determined as follows: (i) with respect to each program 4 that is included within each block grant, the district shall 5 receive an amount equal to the same percentage of the current 6 fiscal year appropriation made for that program as the 7 percentage of the appropriation received by the district from 8 the 1995 fiscal year appropriation made for that program, and 9 (ii) the total amount that is due the district under the 10 block grant shall be the aggregate of the amounts that the 11 district is entitled to receive for the fiscal year with 12 respect to each program that is included within the block 13 grant that the State Board of Education shall award the 14 district under this Section for that fiscal year. In the 15 case of the Summer Bridges program, the amount of the 16 district's block grant shall be equal to 44% of the amount of 17 the current fiscal year appropriation made for that program. 18 (e) The district is not required to file any application 19 or other claim in order to receive the block grants to which 20 it is entitled under this Section. The State Board of 21 Education shall make payments to the district of amounts due 22 under the district's block grants on a schedule determined by 23 the State Board of Education. 24 (f) A school district to which this Section applies 25 shall report to the State Board of Education on its use of 26 the block grants in such form and detail as the State Board 27 of Education may specify. 28 (g) This paragraph provides for the treatment of block 29 grants under Article 1C for purposes of calculating the 30 amount of block grants for a district under this Section. 31 Those block grants under Article 1C ICare, for this purpose, 32 treated as included in the amount of appropriation for the 33 various programs set forth in paragraph (b) above. The 34 appropriation in each current fiscal year for each block -4- LRB9207558NTsb 1 grant under Article 1C shall be treated for these purposes as 2 appropriations for the individual program included in that 3 block grant. The proportion of each block grant so allocated 4 to each such program included in it shall be the proportion 5 which the appropriation for that program was of all 6 appropriations for such purposes now in that block grant, in 7 fiscal 1995. 8 (Source: P.A. 90-566, eff. 1-2-98; 90-653, eff. 7-29-98; 9 91-711, eff. 7-1-00.) 10 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02) 11 Sec. 14-7.02. Children attending private schools, public 12 out-of-state schools, public school residential facilities or 13 private special education facilities. The General Assembly 14 recognizes that non-public schools or special education 15 facilities provide an important service in the educational 16 system in Illinois. 17 If because of his or her disability the special education 18 program of a district is unable to meet the needs of a child 19 and the child attends a non-public school or special 20 education facility, a public out-of-state school or a special 21 education facility owned and operated by a county government 22 unit that provides special educational services required by 23 the child and is in compliance with the appropriate rules and 24 regulations of the State Superintendent of Education, the 25 school district in which the child is a resident shall pay 26 the actual cost of tuition for special education and related 27 services provided during the regular school term and during 28 the summer school term if the child's educational needs so 29 require, excluding room, board and transportation costs 30 charged the child by that non-public school or special 31 education facility, public out-of-state school or county 32 special education facility, or $4,500 per year, whichever is 33 less, and shall provide him any necessary transportation. -5- LRB9207558NTsb 1 "Nonpublic special education facility" shall include a 2 residential facility, within or without the State of 3 Illinois, which provides special education and related 4 services to meet the needs of the child by utilizing private 5 schools or public schools, whether located on the site or off 6 the site of the residential facility. 7 The State Board of Education shall promulgate rules and 8 regulations for determining when placement in a private 9 special education facility is appropriate. Such rules and 10 regulations shall take into account the various types of 11 services needed by a child and the availability of such 12 services to the particular child in the public school. In 13 developing these rules and regulations the State Board of 14 Education shall consult with the Advisory Council on 15 Education of Children with Disabilities and hold public 16 hearings to secure recommendations from parents, school 17 personnel, and others concerned about this matter. 18 The State Board of Education shall also promulgate rules 19 and regulations for transportation to and from a residential 20 school. Transportation to and from home to a residential21 school more than once each school term shall be subject to22 prior approval by the State Superintendent in accordance with23 the rules and regulations of the State Board.24 A school district making tuition payments pursuant to25 this Section is eligible for reimbursement from the State for26 the amount of such payments actually made in excess of the27 district per capita tuition charge for students not receiving28 special education services. Such reimbursement shall be29 approved in accordance with Section 14-12.01 and each30 district shall file its claims, computed in accordance with31 rules prescribed by the State Board of Education, on forms32 prescribed by the State Superintendent of Education. Data33 used as a basis of reimbursement claims shall be for the34 preceding regular school term and summer school term. Each-6- LRB9207558NTsb 1 school district shall transmit its claims to the State Board2 of Education on or before August 15. The State Board of3 Education, before approving any such claims, shall determine4 their accuracy and whether they are based upon services and5 facilities provided under approved programs. Upon approval6 the State Board shall cause vouchers to be prepared showing7 the amount due for payment of reimbursement claims to school8 districts, for transmittal to the State Comptroller on the9 30th day of September, December, and March, respectively, and10 the final voucher, no later than June 20. If the money11 appropriated by the General Assembly for such purpose for any12 year is insufficient, it shall be apportioned on the basis of13 the claims approved.14 No child shall be placed in a special education program 15 pursuant to this Section if the tuition cost for special 16 education and related services increases more than 10 percent 17 over the tuition cost for the previous school year or exceeds 18 $4,500 per year unless such costs have been approved by the 19 Illinois Purchased Care Review Board. The Illinois 20 Purchased Care Review Board shall consist of the following 21 persons, or their designees: the Directors of Children and 22 Family Services, Public Health, Public Aid, and the Bureau of 23 the Budget; the Secretary of Human Services; the State 24 Superintendent of Education; and such other persons as the 25 Governor may designate. The Review Board shall establish 26 rules and regulations for its determination of allowable 27 costs and payments made by local school districts for special 28 education, room and board, and other related services 29 provided by non-public schools or special education 30 facilities and shall establish uniform standards and criteria 31 which it shall follow. 32 The Review Board shall establish uniform definitions and 33 criteria for accounting separately by special education, room 34 and board and other related services costs. The Board shall -7- LRB9207558NTsb 1 also establish guidelines for the coordination of services 2 and financial assistance provided by all State agencies to 3 assure that no otherwise qualified disabled child receiving 4 services under Article 14 shall be excluded from 5 participation in, be denied the benefits of or be subjected 6 to discrimination under any program or activity provided by 7 any State agency. 8 The Review Board shall review the costs for special 9 education and related services provided by non-public schools 10 or special education facilities and shall approve or 11 disapprove such facilities in accordance with the rules and 12 regulations established by it with respect to allowable 13 costs. 14 The State Board of Education shall provide administrative 15 and staff support for the Review Board as deemed reasonable 16 by the State Superintendent of Education. This support shall 17 not include travel expenses or other compensation for any 18 Review Board member other than the State Superintendent of 19 Education. 20 The Review Board shall seek the advice of the Advisory 21 Council on Education of Children with Disabilities on the 22 rules and regulations to be promulgated by it relative to 23 providing special education services. 24 If a child has been placed in a program in which the 25 actual per pupil costs of tuition for special education and 26 related services based on program enrollment, excluding room, 27 board and transportation costs, exceed $4,500 and such costs 28 have been approved by the Review Board, the district shall 29 pay such total costs which exceed $4,500. A district making30 such tuition payments in excess of $4,500 pursuant to this31 Section shall be responsible for an amount in excess of32 $4,500 equal to the district per capita tuition charge and33 shall be eligible for reimbursement from the State for the34 amount of such payments actually made in excess of the-8- LRB9207558NTsb 1 districts per capita tuition charge for students not2 receiving special education services.3 If a child has been placed in an approved individual 4 program and the tuition costs including room and board costs 5 have been approved by the Review Board, then such room and 6 board costs shall be paid by the appropriate State agency 7 subject to the provisions of Section 14-8.01 of this Act. 8 Room and board costs not provided by a State agency other 9 than the State Board of Education shall be provided by the 10 State Board of Education on a current basis. In no event, 11 however, shall the State's liability for funding of these 12 tuition costs begin until after the legal obligations of 13 third party payors have been subtracted from such costs. If 14 the money appropriated by the General Assembly for such 15 purpose for any year is insufficient, it shall be apportioned 16 on the basis of the claims approved. Each district shall 17 submit estimated claims to the State Superintendent of 18 Education. Upon approval of such claims, the State 19 Superintendent of Education shall direct the State 20 Comptroller to make payments on a monthly basis. The 21 frequency for submitting estimated claims and the method of 22 determining payment shall be prescribed in rules and 23 regulations adopted by the State Board of Education. Such 24 current state reimbursement shall be reduced by an amount 25 equal to the proceeds which the child or child's parents are 26 eligible to receive under any public or private insurance or 27 assistance program. Nothing in this Section shall be 28 construed as relieving an insurer or similar third party from 29 an otherwise valid obligation to provide or to pay for 30 services provided to a disabled child. 31 If it otherwise qualifies, a school district is eligible32 for the transportation reimbursement under Section 14-13.0133 and for the reimbursement of tuition payments under this34 Section whether the non-public school or special education-9- LRB9207558NTsb 1 facility, public out-of-state school or county special2 education facility, attended by a child who resides in that3 district and requires special educational services, is within4 or outside of the State of Illinois. However, a district is5 not eligible to claim transportation reimbursement under this6 Section unless the district certifies to the State7 Superintendent of Education that the district is unable to8 provide special educational services required by the child9 for the current school year.10 Nothing in this Section authorizes the reimbursement of a11 school district for the amount paid for tuition of a child12 attending a non-public school or special education facility,13 public out-of-state school or county special education14 facility unless the school district certifies to the State15 Superintendent of Education that the special education16 program of that district is unable to meet the needs of that17 child because of his disability and the State Superintendent18 of Education finds that the school district is in substantial19 compliance with Section 14-4.01.20 Any educational or related services provided, pursuant to 21 this Section in a non-public school or special education 22 facility or a special education facility owned and operated 23 by a county government unit shall be at no cost to the parent 24 or guardian of the child. However, current law and practices 25 relative to contributions by parents or guardians for costs 26 other than educational or related services are not affected 27 by this amendatory Act of 1978. 28 Reimbursement for children attending public school29 residential facilities shall be made in accordance with the30 provisions of this Section.31 (Source: P.A. 91-764, eff. 6-9-00.) 32 (105 ILCS 5/14-7.02b new) 33 Sec. 14-7.02b. Funding for children requiring special -10- LRB9207558NTsb 1 education services. Payments to school districts and joint 2 agreements for children requiring special education services 3 documented in their individualized education program 4 regardless of the program from which these services are 5 received, excluding children claimed under Section 14-7.03 of 6 this Code, shall be made in accordance with this Section. 7 Funds received under this Section may be used only for the 8 provision of special educational facilities and services as 9 defined in Section 14-1.08 of this Code. 10 The appropriation for fiscal year 2002 and thereafter 11 shall be based upon the IDEA child count of all students in 12 the State, excluding students claimed under Section 14-7.03 13 of this Code, on December 1 of the fiscal year 2 years 14 preceding, multiplied by 35% of the general State aid 15 foundation level of support established for that fiscal year 16 under Section 18-8.05 of this Code. 17 Beginning with fiscal year 2002 and thereafter, 18 individual school districts shall not receive payments 19 totaling less than they received under the funding authorized 20 under Sections 14-7.02 and 14-7.02a of this Code during 21 fiscal year 2001, pursuant to the provisions of those 22 Sections as they were in effect before the effective date of 23 this amendatory Act of the 92nd General Assembly. This base 24 level funding shall be computed first. 25 An amount equal to 85% of the funds remaining in the 26 appropriation after subtracting the base level funding shall 27 be allocated to school districts based upon the district's 28 average daily attendance reported for purposes of Section 29 18-8.05 of this Code for the preceding school year. Fifteen 30 percent of the funds remaining in the appropriation after 31 subtracting the base level funding shall be allocated to 32 school districts based upon the district's low income 33 eligible pupil count used in the calculation of general State 34 aid under Section 18-8.05 of this Code for the same fiscal -11- LRB9207558NTsb 1 year. Eighty percent of the funds computed and allocated to 2 districts under this Section shall be distributed and paid to 3 school districts who are members of recognized joint 4 agreements for special education. The remaining 20% shall be 5 paid to the joint agreement for special education to which 6 the district is a member. Districts that are not members of 7 recognized joint agreements for special education shall 8 receive 100% of the funds computed and allocated under this 9 Section. 10 The 20% of the funds paid to the recognized joint 11 agreements for special education and 20% of the funds 12 received by districts that are not members of joint 13 agreements for special education must be set aside in a High 14 Cost Fund for the payment of services, in whole or in part, 15 for individual students with disabilities whose program costs 16 exceed 3 times the district's per capita tuition rate as 17 calculated under Section 10-20.12a of this Code. The 18 management and distribution of funds from the High Cost Fund 19 shall be in accordance with rules promulgated by the State 20 Board of Education. 21 The State Board of Education shall prepare vouchers equal 22 to one-fourth the amount allocated to districts and their 23 joint agreements, for transmittal to the State Comptroller on 24 the 30th day of September, December, and March, respectively, 25 and the final voucher, no later than June 20. The Comptroller 26 shall make payments pursuant to this Section to school 27 districts and their joint agreements as soon as possible 28 after receipt of vouchers. If the money appropriated from the 29 General Assembly for such purposes for any year is 30 insufficient, it shall be apportioned on the basis of the 31 payments due to school districts and their joint agreements 32 at a level of not less than the following for all payments 33 due under this Section: 55% for fiscal year 2002, 70% for 34 fiscal year 2003, 85% for fiscal year 2004, and 100% for -12- LRB9207558NTsb 1 fiscal year 2005 and thereafter. 2 Nothing in this Section shall be construed to decrease or 3 increase the percentage of all special education funds that 4 are allocated annually under Article 1D of this Code or to 5 alter the requirement that a school district provide special 6 education services. 7 Nothing in this amendatory Act of the 92nd General 8 Assembly shall eliminate any reimbursement obligation owed as 9 of the effective date of this amendatory Act of the 92nd 10 General Assembly to a school district with in excess of 11 500,000 inhabitants. 12 (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01) 13 Sec. 14-8.01. Supervision of special education buildings 14 and facilities. All special educational facilities, building 15 programs, housing, and all educational programs for the types 16 of disabled children defined in Section 14-1.02 shall be 17 under the supervision of and subject to the approval of the 18 State Board of Education. 19 All special education facilities, building programs, and 20 housing shall comply with the building code authorized by 21 Section 2-3.12. 22 All educational programs for children with disabilities 23 as defined in Section 14-1.02 administered by any State 24 agency shall be under the general supervision of the State 25 Board of Education. Such supervision shall be limited to 26 insuring that such educational programs meet standards 27 jointly developed and agreed to by both the State Board of 28 Education and the operating State agency, including standards 29 for educational personnel. 30 Any State agency providing special educational programs 31 for children with disabilities as defined in Section 14-1.02 32 shall promulgate rules and regulations, in consultation with 33 the State Board of Education and pursuant to the Illinois -13- LRB9207558NTsb 1 Administrative Procedure Act as now or hereafter amended, to 2 insure that all such programs comply with this Section and 3 Section 14-8.02. 4 No otherwise qualified disabled child receiving special 5 education and related services under Article 14 shall solely 6 by reason of his or her disability be excluded from the 7 participation in or be denied the benefits of or be subjected 8 to discrimination under any program or activity provided by a 9 State agency. 10 State agencies providing special education and related 11 services, including room and board, either directly or 12 through grants or purchases of services shall continue to 13 provide these services according to current law and practice. 14 Room and board costs not provided by a State agency other 15 than the State Board of Education shall be provided by the 16 State Board of Education to the extent of available funds. 17 An amount equal to one-half of the State education agency's 18 share of IDEA PART B federal monies, or so much thereof as 19 may actually be needed, shall annually be appropriated to pay 20 for the additional costs of providing for room and board for 21 those children placed pursuant to Section 14-7.02 of this Act 22 and, after all such room and board costs are paid, for 23 similar expenditures for children served pursuant to Section 24 14-7.02 or 14-7.02aof this Act, based in community based 25 programs that serve as alternatives to residential 26 placements. 27 Beginning with Fiscal Year 1997 and continuing through 28 Fiscal Year 2000, 100% of the former Chapter I, Section 29 89-313 federal funds shall be allocated by the State Board of 30 Education in the same manner as IDEA, PART B "flow through" 31 funding to local school districts, joint agreements, and 32 special education cooperatives for the maintenance of 33 instructional and related support services to students with 34 disabilities. However, beginning with Fiscal Year 1998, the -14- LRB9207558NTsb 1 total IDEA Part B discretionary funds available to the State 2 Board of Education shall not exceed the maximum permissible 3 under federal law or 20% of the total federal funds available 4 to the State, whichever is less. In no case shall the 5 aggregate IDEA Part B discretionary funds received by the 6 State Board of Education exceed the amount of IDEA Part B 7 discretionary funds available to the State Board of Education 8 for Fiscal Year 1997, excluding any carryover funds from 9 prior fiscal years, increased by 3% for Fiscal Year 1998 and 10 increased by an additional 3% for each fiscal year 11 thereafter. After all room and board payments and similar 12 expenditures are made by the State Board of Education as 13 required by this Section, the State Board of Education may 14 use the remaining funds for administration and for providing 15 discretionary activities. However, the State Board of 16 Education may use no more than 25% of its available IDEA Part 17 B discretionary funds for administrative services. 18 Special education and related services included in the 19 child's individualized educational program which are not 20 provided by another State agency shall be included in the 21 special education and related services provided by the State 22 Board of Education and the local school district. 23 The State Board of Education with the advice of the 24 Advisory Council shall prescribe the standards and make the 25 necessary rules and regulations for special education 26 programs administered by local school boards, including but 27 not limited to establishment of classes, training 28 requirements of teachers and other professional personnel, 29 eligibility and admission of pupils, the curriculum, class 30 size limitation, building programs, housing, transportation, 31 special equipment and instructional supplies, and the 32 applications for claims for reimbursement. The State Board of 33 Education shall promulgate rules and regulations for annual 34 evaluations of the effectiveness of all special education -15- LRB9207558NTsb 1 programs and annual evaluation by the local school district 2 of the individualized educational program for each child for 3 whom it provides special education services. 4 A school district is responsible for the provision of 5 educational services for all school age children residing 6 within its boundaries excluding any student placed under the 7 provisions of Section 14-7.02 or any disabled student whose 8 parent or guardian lives outside of the State of Illinois as 9 described in Section 14-1.11. 10 (Source: P.A. 89-397, eff. 8-20-95; 89-622, eff. 8-9-96; 11 90-547, eff. 12-1-97.) 12 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3) 13 Sec. 18-4.3. Summer school grants. Grants shall be 14 determined for pupil attendance in summer schools conducted 15 under Sections 10-22.33A and 34-18 and approved under Section 16 2-3.25 in the following manner. 17 The amount of grant for each accredited summer school 18 attendance pupil shall be obtained by dividing the total 19 amount of apportionments determined under Section 18-8.05 by 20 the actual number of pupils in average daily attendance used 21 for such apportionments. The number of credited summer 22 school attendance pupils shall be determined (a) by counting 23 clock hours of class instruction by pupils enrolled in grades 24 1 through 12 in approved courses conducted at least 60 clock 25 hours in summer sessions; (b) by dividing such total of clock 26 hours of class instruction by 4 to produce days of credited 27 pupil attendance; (c) by dividing such days of credited pupil 28 attendance by the actual number of days in the regular term 29 as used in computation in the general apportionment in 30 Section 18-8.05; and (d) by multiplying by 1.25. 31 The amount of the grant for a summer school program 32 approved by the State Superintendent of Education for 33 children with disabilities, as defined in Sections 14-1.02 -16- LRB9207558NTsb 1 through 14-1.07, shall be determined in the manner contained 2 above except that average daily membership shall be utilized 3 in lieu of average daily attendance. 4 In the case of an apportionment based on summer school 5 attendance or membership pupils, the claim therefor shall be 6 presented as a separate claim for the particular school year 7 in which such summer school session ends. On or before 8 November 1 of each year the superintendent of each eligible 9 school district shall certify to the State Superintendent of 10 Education the claim of the district for the summer session 11 just ended. Failure on the part of the school board to so 12 certify shall constitute a forfeiture of its right to such 13 payment. The State Superintendent of Education shall 14 transmit to the Comptroller no later than December 15th of 15 each year vouchers for payment of amounts due school 16 districts for summer school. The State Superintendent of 17 Education shall direct the Comptroller to draw his warrants 18 for payments thereof by the 30th day of December. If the 19 money appropriated by the General Assembly for such purpose 20 for any year is insufficient, it shall be apportioned on the 21 basis of claims approved. 22 However, notwithstanding the foregoing provisions, for 23 each fiscal year the money appropriated by the General 24 Assembly for the purposes of this Section shall only be used 25 for grants for approved summer school programs for those 26 children with disabilities served pursuant to Section 27 Sections14-7.02 and 14-7.02aof the School Code. 28 (Source: P.A. 90-548, eff. 1-1-98; 91-764, eff. 6-9-00.) 29 (105 ILCS 5/14-7.02a rep.) 30 Section 10. The School Code is amended by repealing 31 Section 14-7.02a. 32 Section 99. Effective date. This Act takes effect upon -17- LRB9207558NTsb 1 becoming law.
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