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Sub. S. B. No. 21 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Sawyer, Gardner, Bacon, Beagle, Brown, Coley, Eklund, Faber, Hite, Jones, Manning, Obhof, Peterson, Seitz, Turner, Uecker
Representatives Brenner, Amstutz, Anielski, Baker, Bishoff, Burkley, Driehaus, Duffey, Grossman, Hackett, Hayes, Henne, Kunze, McClain, McGregor, O'Brien, Patterson, Phillips, Pillich, Reece, Rogers, Smith, Sprague, Stautberg, Stebelton, Terhar, Young Speaker Batchelder
A BILL
To amend sections 3313.608, 3328.02, and 3328.15 and
to enact sections 3301.077, 3302.13, 3302.14,
3318.62, 3319.233, and 3333.049 of the Revised
Code to revise the requirements of the Third-Grade
Reading Guarantee, to revise the laws regarding
facilities of a college-preparatory boarding
school, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.608, 3328.02, and 3328.15 be
amended and sections 3301.077, 3302.13, 3302.14, 3318.62,
3319.233, and 3333.049 of the Revised Code be enacted to read as
follows:
Sec. 3301.077. Not later than January 31, 2014, the state
board of education shall adopt reading competencies for all
reading credentials and training. Such competencies shall include,
but not be limited to, an understanding of phonemic awareness,
phonics, fluency, vocabulary, comprehension, appropriate use of
assessments, differentiated instruction, and selection of
appropriate instructional materials and application of
research-based instructional practices.
Sec. 3302.13. (A) This section applies to any school district
or community school that meets both of the following criteria, as
reported on the past two consecutive report cards issued for that
district or school under section 3302.03 of the Revised Code:
(1) The district or school received a grade of "D" or "F" on
the kindergarten through third-grade literacy progress measure
under division (C)(3)(e) of section 3302.03 of the Revised Code.
(2) Less than sixty per cent of the district's students who
took the third grade English language arts assessment prescribed
under section 3301.0710 of the Revised Code during the most recent
fall and spring administrations of that assessment attained at
least a proficient score on that assessment.
(B) By December 31, 2016, and by the thirty-first day of each
December thereafter, any school district or community school that
meets the criteria set forth in division (A) of this section shall
submit to the department of education a school or district reading
achievement improvement plan, which shall include all requirements
prescribed by the state board of education pursuant to division
(C) of this section.
(C) Not later than December 31, 2014, the state board shall
adopt rules in accordance with Chapter 119. of the Revised Code
prescribing the content of and deadlines for the reading
achievement improvement plans required under division (B) of this
section. The rules shall prescribe that each plan include, at a
minimum, an analysis of relevant student performance data,
measurable student performance goals, strategies to meet specific
student needs, a staffing and professional development plan, and
instructional strategies for improving literacy.
(D) Any school district or community school to which this
section applies shall no longer be required to submit an
improvement plan pursuant to division (B) of this section when
that district or school meets either of the following criteria, as
reported on the most recent report card issued for that district
or school under section 3302.03 of the Revised Code:
(1) The district or school received a grade of "C" or higher
on the kindergarten through third-grade literacy progress measure
under division (C)(3)(e) of section 3302.03 of the Revised Code.
(2) Not less than sixty per cent of the district's students
who took the third grade English language arts assessment
prescribed under section 3301.0710 of the Revised Code during the
most recent fall and spring administrations of that assessment
attain at least a proficient score on that assessment.
(E) The department of education shall post in a prominent
location on its web site all plans submitted pursuant to this
section.
Sec. 3302.14. The department of education annually shall
collect, analyze, and publish data regarding reading achievement
in schools and progress in assisting all students to become
proficient readers. Beginning on January 31, 2015, and on the
thirty-first day of each January thereafter, the department shall
report these findings, in accordance with section 101.68 of the
Revised Code, to the governor, the general assembly, and the state
board of education. The report shall include, but not be limited
to, both of the following:
(A) The progress of all students that were on a reading
intervention plan at any time during grades kindergarten through
four while enrolled in the state's public school system.
(B) The progress of school districts and community schools
that are currently operating under a reading achievement
improvement plan pursuant to section 3302.13 of the Revised Code,
as data is made available.
Sec. 3313.608. (A)(1) Beginning with students who enter
third grade in the school year that starts July 1, 2009, and until
June 30, 2013, unless the student is excused under division (C) of
section 3301.0711 of the Revised Code from taking the assessment
described in this section, for any student who attains a score in
the range does not attain at least the equivalent level of
achievement designated under division (A)(3) of section 3301.0710
of the Revised Code on the assessment prescribed under that
section to measure skill in English language arts expected at the
end of third grade, each school district, in accordance with the
policy adopted under section 3313.609 of the Revised Code, shall
do one of the following:
(a) Promote the student to fourth grade if the student's
principal and reading teacher agree that other evaluations of the
student's skill in reading demonstrate that the student is
academically prepared to be promoted to fourth grade;
(b) Promote the student to fourth grade but provide the
student with intensive intervention services in fourth grade;
(c) Retain the student in third grade.
(2) Beginning with students who enter third grade in the
2013-2014 school year, unless the student is excused under
division (C) of section 3301.0711 of the Revised Code from taking
the assessment described in this section, no school district shall
promote to fourth grade any student who attains a score in the
range does not attain at least the equivalent level of achievement
designated under division (A)(3) of section 3301.0710 of the
Revised Code on the assessment prescribed under that section to
measure skill in English language arts expected at the end of
third grade, unless one of the following applies:
(a) The student is a limited English proficient student who
has been enrolled in United States schools for less than two three
full school years and has had less than two three years of
instruction in an English as a second language program.
(b) The student is a child with a disability entitled to
special education and related services under Chapter 3323. of the
Revised Code and the student's individualized education program
exempts the student from retention under this division.
(c) The student demonstrates an acceptable level of
performance on an alternative standardized reading assessment as
determined by the department of education.
(d) All of the following apply:
(i) The student is a child with a disability entitled to
special education and related services under Chapter 3323. of the
Revised Code.
(ii) The student has taken the third grade English language
arts achievement assessment prescribed under section 3301.0710 of
the Revised Code.
(iii) The student's individualized education program or plan
under section 504 of the "Rehabilitation Act of 1973," 87 Stat.
355, 29 U.S.C. 794, as amended, shows that the student has
received intensive remediation in reading for two school years but
still demonstrates a deficiency in reading.
(iv) The student previously was retained in any of grades
kindergarten to three.
(e)(i) The student received intensive remediation for reading
for two school years but still demonstrates a deficiency in
reading and was previously retained in any of grades kindergarten
to three.
(ii) A student who is promoted under division (A)(2)(e)(i) of
this section shall continue to receive intensive reading
instruction in grade four. The instruction shall include an
altered instructional day that includes specialized diagnostic
information and specific research-based reading strategies for the
student that have been successful in improving reading among
low-performing readers.
(B)(1) Beginning in the 2012-2013 school year, to assist
students in meeting the third grade guarantee established by this
section, each school district board of education shall adopt
policies and procedures with which it annually shall assess the
reading skills of each student, except those students with
significant cognitive disabilities or other disabilities as
authorized by the department on a case-by-case basis, enrolled in
kindergarten to third grade by the thirtieth day of September and
shall identify students who are reading below their grade level.
Each district shall use the diagnostic assessment to measure
reading ability for the appropriate grade level adopted under
section 3301.079 of the Revised Code, or a comparable tool
approved by the department of education, to identify such
students. The policies and procedures shall require the students'
classroom teachers to be involved in the assessment and the
identification of students reading below grade level.
(2) For each student identified by the diagnostic assessment
prescribed under this section as having reading skills below grade
level, the district shall do both of the following:
(a) Provide to the student's parent or guardian, in writing,
all of the following:
(i) Notification that the student has been identified as
having a substantial deficiency in reading;
(ii) A description of the current services that are provided
to the student;
(iii) A description of the proposed supplemental
instructional services and supports that will be provided to the
student that are designed to remediate the identified areas of
reading deficiency;
(iv) Notification that if the student attains a score in the
range designated under division (A)(3) of section 3301.0710 of the
Revised Code on the assessment prescribed under that section to
measure skill in English language arts expected at the end of
third grade, the student shall be retained unless the student is
exempt under division (A) of this section. The notification shall
specify that the assessment under section 3301.0710 of the Revised
Code is not the sole determinant of promotion and that additional
evaluations and assessments are available to the student to assist
parents and the district in knowing when a student is reading at
or above grade level and ready for promotion.
(b) Provide intensive reading instruction services and
regular diagnostic assessments to the student immediately
following identification of a reading deficiency until the
development of the reading improvement and monitoring plan
required by division (C) of this section. These intervention
services shall include research-based reading strategies that have
been shown to be successful in improving reading among
low-performing readers and instruction targeted at the student's
identified reading deficiencies.
(3) For each student retained under division (A) of this
section, the district shall do all of the following:
(a) Provide intense remediation services until the student is
able to read at grade level. The remediation services shall
include intensive interventions in reading that address the areas
of deficiencies identified under this section including, but not
limited to, not less than ninety minutes of reading instruction
per day, and may include any of the following:
(i) Small group instruction;
(ii) Reduced teacher-student ratios;
(iii) More frequent progress monitoring;
(iv) Tutoring or mentoring;
(v) Transition classes containing third and fourth grade
students;
(vi) Extended school day, week, or year;
(vii) Summer reading camps.
(b) Establish a policy for the mid-year promotion of a
student retained under division (A) of this section who
demonstrates that the student is reading at or above grade level;
(c) Provide each student with a teacher who satisfies one or
more of the applicable criteria set forth in division (H) of this
section.
The district shall offer the option for students to receive
applicable services from one or more providers other than the
district. Providers shall be screened and approved by the district
or the department of education. If the student participates in the
remediation services and demonstrates reading proficiency in
accordance with standards adopted by the department prior to the
start of fourth grade, the district shall promote the student to
that grade.
(4) For each student retained under division (A) of this
section who has demonstrated proficiency in a specific academic
ability field, each district shall provide instruction
commensurate with student achievement levels in that specific
academic ability field.
As used in this division, "specific academic ability field"
has the same meaning as in section 3324.01 of the Revised Code.
(C) For each student required to be provided intervention
services under this section, the district shall develop a reading
improvement and monitoring plan within sixty days after receiving
the student's results on the diagnostic assessment or comparable
tool administered under division (B)(1) of this section. The
district shall involve the student's parent or guardian and
classroom teacher in developing the plan. The plan shall include
all of the following:
(1) Identification of the student's specific reading
deficiencies;
(2) A description of the additional instructional services
and support that will be provided to the student to remediate the
identified reading deficiencies;
(3) Opportunities for the student's parent or guardian to be
involved in the instructional services and support described in
division (C)(2) of this section;
(4) A process for monitoring the extent to which the student
receives the instructional services and support described in
division (C)(2) of this section;
(5) A reading curriculum during regular school hours that
does all of the following:
(a) Assists students to read at grade level;
(b) Provides scientifically based and reliable assessment;
(c) Provides initial and ongoing analysis of each student's
reading progress.
(6) A statement that if the student attains a score in the
range does not attain at least the equivalent level of achievement
designated under division (A)(3) of section 3301.0710 of the
Revised Code on the assessment prescribed under that section to
measure skill in English language arts expected by the end of
third grade, the student may be retained in third grade.
Each student with a reading improvement and monitoring plan
under this division who enters third grade after July 1, 2013,
shall be assigned to a teacher who satisfies one or more of the
applicable criteria set forth in division (H) of this section.
The district shall report any information requested by the
department about the reading improvement monitoring plans
developed under this division in the manner required by the
department.
(D) Each school district shall report annually to the
department on its implementation and compliance with this section
using guidelines prescribed by the superintendent of public
instruction. The superintendent of public instruction annually
shall report to the governor and general assembly the number and
percentage of students in grades kindergarten through four reading
below grade level based on the diagnostic assessments administered
under division (B) of this section and the achievement assessments
administered under divisions (A)(1)(a) and (b) of section
3301.0710 of the Revised Code in English language arts, aggregated
by school district and building; the types of intervention
services provided to students; and, if available, an evaluation of
the efficacy of the intervention services provided.
(E) Any summer remediation services funded in whole or in
part by the state and offered by school districts to students
under this section shall meet the following conditions:
(1) The remediation methods are based on reliable educational
research.
(2) The school districts conduct assessment before and after
students participate in the program to facilitate monitoring
results of the remediation services.
(3) The parents of participating students are involved in
programming decisions.
(F) Any intervention or remediation services required by this
section shall include intensive, explicit, and systematic
instruction.
(G) This section does not create a new cause of action or a
substantive legal right for any person.
(H)(1) Prior to July 1, 2014, each Except as provided under
divisions (H)(2), (3), and (4) of this section, each student
described in division (B)(3) or (C) of this section who enters
third grade for the first time on or after July 1, 2013, shall be
assigned a teacher who has been actively engaged in the reading
instruction of students for the previous three years at least one
year of teaching experience and who satisfies one or more of the
following criteria:
(a) The teacher holds a reading endorsement on the teacher's
license and has attained a passing score on the corresponding
assessment for that endorsement, as applicable.
(b) The teacher has completed a master's degree program with
a major in reading.
(c) The teacher has demonstrated evidence of a credential
earned from a list of scientifically research-based reading
instruction programs approved by the department was rated "most
effective" for reading instruction consecutively for the most
recent two years based on assessments of student growth measures
developed by a vendor and that is on the list of student
assessments approved by the state board under division (B)(2) of
section 3319.112 of the Revised Code.
(d) The teacher was rated "above expected value added," which
means most effective in reading instruction, as determined by
criteria established by the department, for the last most recent,
consecutive two school years.
(2) Effective July 1, 2014, each student described in
divisions (B)(3) and (C) of this section shall be assigned a
teacher who has been actively engaged in the reading instruction
of students for the previous three years and who satisfies one or
more of the following criteria:
(a) The teacher holds a reading endorsement on the teacher's
license and has attained a passing score on the corresponding
assessment for that endorsement.
(b) The teacher has completed a master's degree program with
a major in reading.
(c) The teacher was rated above "above value added," which
means most effective for the last two school years.
(d)(e) The teacher has earned a passing score on a rigorous
test of principles of scientifically research-based reading
instruction. This test shall be selected through a competitive
bidding process and shall be as approved by the state board.
(3)(f) The teacher holds an educator license for teaching
grades pre-kindergarten through three or four through nine issued
on or after July 1, 2017.
(2) Notwithstanding division (H)(1) of this section, a
student described in division (B)(3) or (C) of this section who
enters third grade for the first time on or after July 1, 2013,
may be assigned to a teacher with less than one year of teaching
experience provided that the teacher meets one or more of the
criteria described in divisions (H)(1)(a) to (f) of this section
and that teacher is assigned a teacher mentor who meets the
qualifications of division (H)(1) of this section.
(3) Notwithstanding division (H)(1) of this section, a
student described in division (B)(3) or (C) of this section who
enters third grade for the first time on or after July 1, 2013,
but prior to July 1, 2016, may be assigned to a teacher who holds
an alternative credential approved by the department or who has
successfully completed training that is based on principles of
scientifically research-based reading instruction that has been
approved by the department. Beginning on July 1, 2014, the
alternative credentials and training described in division (H)(3)
of this section shall be aligned with the reading competencies
adopted by the state board of education under section 3301.077 of
the Revised Code.
(4) Notwithstanding division (H)(1) of this section, a
student described in division (B)(3) or (C) of this section who
enters third grade for the first time on or after July 1, 2013,
may receive reading intervention or remediation services under
this section from an individual employed as a speech-language
pathologist who holds a license issued by the board of
speech-language pathology and audiology under Chapter 4753. of the
Revised Code and a professional pupil services license as a school
speech-language pathologist issued by the state board of
education.
(5) A teacher, other than a student's teacher of record, may
provide any services required under this section, so long as that
other teacher meets the requirements of division (H) of this
section and the teacher of record and the school principal agree
to the assignment. Any such assignment shall be documented in the
student's reading improvement and monitoring plan.
As used in this division, "teacher of record" means the
classroom teacher to whom a student is assigned.
(I) Notwithstanding division (H) of this section, a teacher
may teach reading to any student who is an English language
learner, and has been in the United States for three years or
less, or to a student who has an individualized education program
developed under Chapter 3323. of the Revised Code if that teacher
holds an alternative credential approved by the department or has
successfully completed training that is based on principles of
scientifically research-based reading instruction that has been
approved by the department. Beginning on July 1, 2014, the
alternative credentials and training described in this division
shall be aligned with the reading competencies adopted by the
state board of education under section 3301.077 of the Revised
Code.
(J) If, on or after the effective date of this amendment, a
school district or community school cannot furnish the number of
teachers needed who satisfy one or more of the criteria set forth
in division (H)(1) of this section for the 2013-2014 school year,
the school district or community school shall develop and submit a
staffing plan by June 30, 2013, in a manner determined by the
department indicating the criteria that will be used to determine
those teachers in the school district or community school who will
teach and how the school district or community school will meet
the requirements set forth in division (H)(2) of this section.
A school district or community school may include in this
plan the option to contract with another school district or
private provider that has been screened and approved by the
department to provide intervention services. If the school
district or community school's plan is not approved by the
department by August 15, 2013, the school district or community
school shall use a private contractor from a list approved by the
department or contract with another district to provide
intervention services for these students. The staffing plan shall
include criteria that will be used to assign a student described
in division (B)(3) or (C) of this section to a teacher,
credentials or training held by teachers currently teaching at the
school, and how the school district or community school will meet
the requirements of this section. The school district or community
school shall post the staffing plan on its web site for the
applicable school year.
Not later than March 1, 2014, and on the first day of March
in each year thereafter, a school district or community school
that has submitted a plan under this division shall submit to the
department a detailed report of the progress the district or
school has made in meeting the requirements under this section.
A school district or community school may request an
extension of a staffing plan beyond the 2013-2014 school year.
Extension requests must be submitted to the department not later
than the thirtieth day of April prior to the start of the
applicable school year. The department may grant extensions valid
through the 2015-2016 school year.
Until June 30, 2015, the department annually shall review all
staffing plans and report to the state board not later than the
thirtieth day of June of each year the progress of school
districts and community schools in meeting the requirements of
this section.
(K) The department of education shall designate one or more
staff members to provide guidance and assistance to school
districts and community schools in implementing the third grade
guarantee established by this section, including any standards or
requirements adopted to implement the guarantee and to provide
information and support for reading instruction and achievement.
Sec. 3318.62. Any agreement between the Ohio school
facilities commission and the board of trustees of a
college-preparatory boarding school to provide facilities
assistance under section 3318.60 or 3318.61 of the Revised Code
shall include the following stipulations:
(A) If the school ceases its operations, the school's board
of trustees may permit the classroom facilities to be used for
only an alternative public purpose, including, but not limited to,
primary, secondary, vocational, or higher education services.
(B) If the school ceases its operations due to either the
failure of the school's operator to comply with any of the
requirements of the contract prescribed under section 3328.12 of
the Revised Code or the default by the school's board of trustees
on an underlying leasehold or mortgage agreement, the school's
board of trustees shall return to the commission the unamortized
portion of the state funds provided to the board of trustees under
this chapter, based on a straight-line depreciation over the first
eighteen years of occupancy. However, if, within twenty-four
months after the school's cessation from operation, the classroom
facilities of a college-preparatory boarding school are used for
an alternative public purpose as prescribed by division (A) of
this section, no return of funds by the board of trustees under
this division shall be required.
Sec. 3319.233. (A) Beginning July 1, 2017, all new educator
licenses issued for grades pre-kindergarten through three or four
through nine shall require the applicant to attain a passing score
on a rigorous examination of principles of scientifically
research-based reading instruction that is aligned with the
reading competencies adopted by the state board of education under
section 3301.077 of the Revised Code.
(B) The state board shall adopt rules in accordance with
Chapter 119. of the Revised Code prescribing criteria and
procedures necessary to implement the requirements of this
section.
Sec. 3328.02. (A) Each college-preparatory boarding school
established under this chapter is a public school and is part of
the state's program of education.
(B) Acting through its board of trustees, the school may sue
and be sued, acquire facilities as needed, contract for any
services necessary for the operation of the school, and enter into
contracts with the department of education pursuant to this
chapter. The board of trustees may carry out any act and ensure
the performance of any function that is in compliance with the
Ohio Constitution, this chapter, other statutes applicable to
college-preparatory boarding schools, and the contract entered
into under this chapter establishing the school.
(C) Each college-preparatory boarding school shall be
established as a public benefit corporation under Chapter 1702. of
the Revised Code.
Sec. 3328.15. (A) Each college-preparatory boarding school
established under this chapter shall be governed by a board of
trustees consisting of up to twenty-five members. Five of those
members shall be appointed by the governor, with the advice and
consent of the senate. The governor's appointments may be based on
nonbinding recommendations made by the superintendent of public
instruction. Of the remaining members, initial members shall be
appointed by the school's operator and future members shall be
appointed pursuant to the bylaws adopted under section 3328.13 of
the Revised Code. The governor, operator, or any other person or
entity who appoints a member of the board of trustees under this
section or the bylaws adopted under section 3328.13 of the Revised
Code may remove that member from the board at any time.
(B) The terms of office of the initial members shall be as
follows:
(1) Two members appointed by the governor shall serve for an
initial term of three years.
(2) Two members appointed by the governor shall serve for an
initial term of two years.
(3) One member appointed by the governor shall serve for an
initial term of one year.
(4) One-third of the members appointed by the operator,
rounded down to the nearest whole number, shall serve for an
initial term of three years.
(5) One-third of the members appointed by the operator,
rounded down to the nearest whole number, shall serve for an
initial term of two years.
(6) One-third of the members appointed by the operator,
rounded down to the nearest whole number, shall serve for an
initial term of one year.
(7) Any remaining members appointed by the operator shall
serve for an initial term of one year.
Thereafter the terms of office of all members shall be for
three years.
The beginning date and ending date of terms of office shall
be as prescribed by the school's operator, unless modified in the
bylaws adopted under section 3328.13 of the Revised Code.
(C) Vacancies on the board shall be filled in the same manner
as the initial appointments. A member appointed to an unexpired
term shall serve for the remainder of that term and may be
reappointed subject to division (D) of this section.
(D) No member may serve for more than three consecutive
three-year terms.
(E) The officers of the board shall be selected by and from
among the members of the board.
(F) Compensation for the members of the board, if any, shall
be as prescribed in the bylaws adopted under section 3328.13 of
the Revised Code.
(G) It shall be construed that any contract entered into by
the board of trustees or any officer or trustee of a
college-preparatory boarding school, including, but not limited
to, an agreement or contract required by section 3318.08, 3318.60,
or 3318.61 of the Revised Code, is entered into by such
individuals in their official capacities as representatives of the
college-preparatory boarding school. No officer, trustee, or
member of the board of trustees of a college-preparatory boarding
school incurs any personal liability by virtue of section 3318.08,
3318.60, or 3318.61 of the Revised Code or the entering into any
contract on behalf of the school.
Sec. 3333.049. Not later than July 1, 2016, the chancellor of
the Ohio board of regents shall revise the requirements for
reading endorsement programs offered by institutions of higher
education to align those requirements with the reading
competencies adopted by the state board of education under section
3301.077 of the Revised Code.
Section 2. That existing sections 3313.608, 3328.02, and
3328.15 of the Revised Code are hereby repealed.
Section 3. The Department of Education shall conduct a study
of diagnostic assessments for reading and writing for grades
kindergarten through three that may be considered for approval by
the State Board of Education under section 3301.079 of the Revised
Code. The study shall include an examination of various diagnostic
assessments to determine which are reliable and valid in
indicating a student's ability and progress toward reading at
grade level. The study shall also include methods to establish
correlations between assessment results in order to determine
equivalent performance levels across different assessments.
Not later than March 31, 2014, the Department shall submit a
report of the study to the State Board of Education, the Governor,
and the General Assembly, in accordance with section 101.68 of the
Revised Code, with specific recommendations on diagnostic
assessments, including recommended legislative changes regarding
the approval and use of such assessments.
Section 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
facilitate timely implementation of the act's revisions regarding
reading intervention and to coordinate those revisions with other
recently enacted amendments regarding reading intervention.
Therefore, this act shall go into immediate effect.
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