A bill that would regulate the use of restraint and seclusion on students in schools, and require any use of such practices to be reported to parents, cleared a legislative hurdle today.

The House Education and Labor Committee voted 34-10 to approve a law that would establish the first federal safety standards in schools for the use of restraint and seclusion, similar to rules in place in hospitals and non-medical, community-based facilities. Regulations on the practices of restraint and seclusion vary from state to state.

With committee approval, now the full U.S. House of Representatives can take up the Preventing Harmful Restraint and Seclusion in Schools Act.

"This bill makes clear that there is no place in our schools for abuse and torture," said U.S. Rep. George Miller, D-Calif., the chairman of the House Education and Labor Committee. "The egregious abuse of a child should not be considered less criminal because it happens in a classroom -- it should be the opposite. I'm proud that this bill has bipartisan support and I hope the full House will vote on it soon."

A Government Accountability Office report in May found allegations that children had been abused, or even died, because of misuse of restraint and seclusion in schools. Many of the children on whom these practices are used are students with disabilities. The practices are meant to be used in emergencies when students are a danger to themselves or others.

Mr. Miller and Cathy McMorris Rodgers, R-Wash., proposed the bill in the House, and Sen. Chris Dodd, D-Conn., proposed a similar law in the Senate.

The law would ban the use of mechanical restraints, such as strapping students to chairs, and prohibit restraints that restrict breathing. It would prohibit the use of medications to control behavior that were not administered consistent with prescriptions from a doctor. It would ban staff members from denying students water, food, clothing, or access to toilet facilities to control behavior. States would be required to report the use of restraint and seclusion to the U.S. Secretary of Education, according to the House Education and Labor Committee.

States would have two years to develop policies, procedures, and monitoring and enforcement systems to meet the minimum federal safety standards. Federal funds could be withheld from states that do not meet the requirements.

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The Lancet medical journal announced today that it has fully retracted a controversial, landmark study that linked autism to the measles, mumps and rubella (MMR) vaccine.

The study published in 1998, by Andrew Wakefield and others, set off widespread concern that may have prevented some parents from vaccinating their children. Several other studies over the years have refuted such a link between the vaccine and autism.

Lancet's decision, published online today, followed a ruling on Jan. 28 by Britain's General Medical Council's Fitness to Practice Panel that Wakefield used improper research practices.

"It has become clear that several elements of the 1998 paper by Wakefield et al are incorrect, contrary to the findings of an earlier investigation," the statement by Lancet's editors said. "In particular, the claims in the original paper that children were 'consecutively referred' and that investigations were 'approved' by the local ethics committee have been proven to be false. Therefore, we fully retract this paper from the published record."

A competing medical journal, BMJ, published an editorial saying the decision by Lancet was "overdue but a good thing for science."

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We wanted readers to get a chance to know Alexa Posny, who has held the role of assistant secretary for special education and rehabilitative services since the Senate confirmed her in October.

For part one of the interview click here. For part two of the interview click here. For part three of the interview, click here.

Q. Do you think the federal stimulus money is being used properly by school districts and are you satisfied rules for using stimulus money are being followed?

A. Luckily, stimulus money is largely intended to be spent consistent with the Individuals with Disabilities Education Act's general funds, so spending requirements aren't a surprise to states. Still, we're doing everything to get out the word about how the stimulus funds should be spent.

We know that many local education agencies likely need to use a bulk of their American Recovery and Reinvestment Act funds to support teacher salaries or other short-term needs. We're also offering ideas and guidance to states about how to invest the money in capacity-building activities in LEAs and schools to improve results for students with and without disabilities in a manner that is consistent with regulatory requirements and Office of Management and Budget guidance and in coordination with other funding sources including their regular IDEA Part B allocation.

Finally, we are also doing our part to ensure the stimulus money is being used in accordance with laws and regulations. For example, on the global, governmentwide front, we are participating in several studies being conducted by the Government Accountability Office (GAO).

Our Inspector General is in a number of states conducting investigations looking at use of funds in these audits.

All funds were distributed with specific grant terms and conditions to which the recipient has to adhere. (Funds must be used consistently with IDEA, other guidance--OMB circulars for example, and with the specific terms set forth in ARRA). Generally, all IDEA ARRA funds are subject to state single audit requirements (the department issued a state single audit supplement to cover ARRA funds).

The Office of Special Education and Rehabilitative Services has provided technical assistance regarding use of funds. The Office of Special Education Programs is in the process of completing ARRA desk audits for each recipient. Those desk audits cover such topics as obligation, liquidation and use of funds, grant terms and conditions, and maintenance of effort.

We will continue to add monitoring methods and tools as we move further along in the process. So, we do have proper controls in place to deal with any misspending. And, at this point, we have no indication that it's not being spent as intended.

What we know for certain is that our colleagues in states share our commitment to improving results for kids with disabilities, and I for one am extremely confident that the ARRA funds will go a long way in helping states achieve both short and long-term outcomes towards that end.

Alexa Posny, director of the Office of Special Education Programs at the U.S. Department of Education, laughs during a staff meeting on Dec. 21, 2006, in Washington. Christopher Powers/Education Week-File

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We wanted readers to get a chance to know Alexa Posny, who has held the role of assistant secretary for special education and rehabilitative services since the Senate confirmed her in October.

For part one of the interview click here. For part two of the interview click here.

Q. What did you learn last time about how Washington works, that you think will make your second time here different?

A. Washington is a remarkable venue within which to work. The focus is on legislative priorities that the majority of people perceive as important and game-changing. This is very similar to the work at a state level.

With that in mind, the most important thing I learned last time about how Washington works, is that making changes in policy leading to more effective practice takes time and patience. The outcomes and benefits are well worth the tremendous effort making effective policy changes take.

I also learned to never give up. If what we are trying to accomplish is truly important and the right avenue to take, then helping others understand why the change is needed and what benefits will be accrued is essential.

To move ideas forward then, you must have data, evidence, credibility, and a relentless focus on doing what's best for the students.

Q. What issues should the Individuals with Disabilities Education Act reauthorization address?

A. The IDEA reauthorization should address the same issues that will soon be addressed in the Elementary and Secondary Education Act reauthorization process. These issues also form the crux of American Recovery and Reinvestment Act-funded reforms. They are:

• A focus on high standards and rigorous assessments for every child.


• Involving the most effective teachers and administrators in the system.


• Providing intensive support for every school that struggles at any point in time.


• Linking data systems to instruction and accountability systems.

• Meet the unique needs of every child who might be in need of special education services.


• Enhance effectiveness of what is provided throughout the system.


• Empower parents to be partners of their children's education.


• Stressed the need for intervening early.


• Accountability for results.

I don't have any magical answers to how these will all be addressed in reauthorization or what the revised legislation might look like, but I'm looking forward to involving as many people as possible in that conversation--just as I'm glad to be part of the current conversations about ESEA reauthorization.

Photo of Alexa Posny, Director of The Office of Special Education Programs (OSEP) at the Department of Education, laughs during a staff meeting on Dec. 21, 2006, in Washington. Christopher Powers/Education Week-File

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We wanted readers to get a chance to know Alexa Posny, who has held the role of assistant secretary for special education and rehabilitative services since the Senate confirmed her in October.

For part one of the interview click here.

Q. How will you approach the new job?

A. The current iteration of Elementary and Secondary Education Act--No Child Left Behind--has shone a stark spotlight on longstanding problems within our education system. Coupled with the infusion of money for addressing those challenges, that spotlight has stirred up a sense of urgency around education reform across the country. It's also stirred up a strong sense of possibility and enthusiasm. Now is our chance to make some of the changes we've long been hoping to make. It's a tremendous opportunity.

With this opportunity, however, comes heavy responsibility for making smart, sustainable investments that translate to lasting, positive outcomes for our kids. The money currently available, while incredible, is also finite. It will run out.

And, if current investments don't yield significant results, the education community will be hard-pressed to convince lawmakers that financial resources are the solution to our continued problems.

My approach toward the job of assistant secretary mirrors the dynamic of the current education reform landscape. I'm approaching the role with a sense of urgency, enthusiasm, possibility, and responsibility.

I am also thrilled to be back among a great group of people at the Education Department who I know share these feelings. Everyone here is truly giving their all, every day, to make the changes our students, schools, districts, and communities need. It's a pleasure to be back.

Q. What are your goals for your time in Washington?

A. To improve alignment between special education, rehabilitative services, Secretary Duncan's reform priorities, and other education and workforce policy, including the Elementary and Secondary Education Act.

President Obama offered a compelling vision for education. He recognized that education is now a prerequisite to employment and that the U.S.'s position in the global economy hinges on how well we prepare people for competitive jobs. I often refer to his quote, "The countries that out teach us today will outcompete us tomorrow."

Both the president and secretary of education believe strongly in the critical relationship between education and a strong, lasting economic recovery. Secretary Duncan's roadmap for reforms reflects a cradle-to-career trajectory with necessary supports provided to young people along the way. This strategy calls for much closer collaboration between education, including postsecondary education, and employment, including vocational rehabilitation.

The Office of Special Education and Rehabilitative Services is really unique in that we provide funding for research and services across that continuum, which means that there are many places for us to improve our collaboration and alignment between education and employment and those who work in both fields.

During the near term, I'll be working with colleagues in the Office of Elementary and Secondary Education, the Office of Planning, Evaluation and Policy Development, and other offices on the ESEA reauthorization.

For the past 30 years, we've been trying to negotiate the connections between general and special education systems. By raising national expectations for all students--including students with disabilities--to achieve high standards, NCLB marked an important step towards welding these systems into one serving all students.

And, it's working. A National Center for Educational Outcomes study in 2005 revealed that state officials are seeing students with disabilities make gains in achievement. They attribute gains to better alignment of Individualized Education Programs to state standards, improved data collection, requirements for students with disabilities to achieve at grade level, increased access to standards-based instruction, greater participation in assessments, and the desire to avoid NCLB sanctions.

When people, policies, and systems work together, students with disabilities perform.
There's still further to go, though, and the upcoming ESEA reauthorization provides an opportunity to take another big step forward. We want to make sure that the reauthorized law is appropriately flexible for specific situations, but that it continues to hold students with disabilities to the same high standards as their peers.

Another goal I hold is to contribute to the paradigm shift in education, toward a focus on meeting each child's unique needs through a continuum of multi-tiered supports and interventions.

At its core, Secretary Duncan's plan requires changing the education platform from one focused on instruction to one focused on learning for each individual child. It's a shift for which I've advocated for a long time.

There's no such thing as a cookie-cutter student, so we can't offer cookie-cutter solutions. Each and every child has special needs that must be met every day. In the special education community, we're experiencing the shift as moving from eligibility for services to entitlement to a high-quality education, because that promise is one that this country has made to all students.

It doesn't matter if the child is disadvantaged, disabled, disengaged, disenfranchised, or otherwise. It doesn't make any difference what they're labeled. We have promised that all students will acquire the same essential knowledge and skills and that those students who have trouble gaining that knowledge or those skills will receive help in doing so.

The conversation needs to focus on what level of support and intervention each student needs to be successful at every point along the trajectory from birth to a competitive job, regardless of their socioeconomic status, language background, or disability.

In Kansas, we had great success using a "multi-tiered system of supports," including response to intervention, early intervening services, and transition planning.

It worked for many of our districts to forge a really strong system of supports, but what's even more important is that it worked for our kids, who showed tremendous gains in reading and math, a reduction in the achievement gap between white and minority students, and achievement rates among special education students that ranked in the top 10 in the country.

I look forward to being able to use the position of assistant secretary to promote the possibility of connected, coherent systems of academic and social supports.

Some of the things for which we are advocating--or requiring in upcoming competitive- grant programs--require not only a change in practice, but in the culture of state education agencies, districts, and schools.

The more support we can offer states as they try to navigate these change efforts, the better. For us in OSERS, this ranges from clarifying requirements to offering ideas or examples of best practice that will help them think out of the box to get the highest return from the investment of American Recovery and Reinvestment Act and other funds.

Coming from a state leadership position, I realize how critical this support is. And it's one of my goals to make sure we do our best to provide it.

Photo of Alexa Posny, Director of The Office of Special Education Programs (OSEP) at the Department of Education, laughs during a staff meeting on Dec. 21, 2006, in Washington. Christopher Powers/Education Week-File

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We wanted readers to get a chance to know Alexa Posny, who has held the role of assistant secretary for special education and rehabilitative services since the Senate confirmed her in October.

So Education Week submitted questions to Posny, the former Kansas education commissioner, and she sent back written responses, which we will print in this column in a few installments.

President Obama nominated Posny to the key federal post in July. The job has meant a return to Washington for Posny, who was director of the Education Department's office of special education in 2006-07. She had been the Kansas commissioner of education since June 2007.

Q. What inspired you to work in special education?

A. During my childhood, I learned that children with disabilities often were not educated the way other children were. One of my playmates was a child with intellectual disabilities (Down syndrome). Although he would play with me and other children in my neighborhood, I soon discovered that he did not go to school.

At that time, I could never understand why he was never with us. He was more like us than unlike us, but he never entered the school door. Thirty some years later, the lives of students with disabilities have greatly improved and I have been engaged in this field during this entire time.

Q. How will your time in Kansas inform your work here?

A. It's hard for me to think of how my time in Kansas won't affect my work here. I suppose most notably, my time there gave me first-hand experience doing what we are asking of others around the country to do.

We built the Multi-Tiered System of Supports (MTSS) model to address each of our current reform priorities.

Kansas adopted rigorous standards developed by the National Council of Teachers of Mathematics and other groups in the late 80s and early 90s.

Our MTSS model stressed not only the standards, but how also Kansas' assessment, accountability, and data systems told us whether students were reaching those standards beginning in early childhood and extending through employment-outcome measures.

We helped our teachers connect with evidence-based best practices that would make them as effective as they could possibly be in the classroom. And, using the multi-tiered system of supports, we developed a system that shared responsibility for young people's academic and behavioral improvements. Responsibility was shared among teachers, students, administrators, and parents, who are critical partners in the work.

We set up data systems that let us pay close attention to how well we were implementing elements of our model and how well kids were doing in terms of reaching the goals laid out for them in our standards.

We collected data on academic achievement and behavior. We used data to assess evidence-based best practices and the effectiveness of screening and monitoring tools. And, we used data to assess whether the model was being implemented with fidelity.

The multi-tiered model involved really crucial pieces such as response to intervention, early intervention, and transition planning. These elements were especially critical to those schools that had long struggled to serve their students.

We found that those schools primarily served students in poverty and that it was especially difficult to close the gaps between those students and their more advantaged peers. There are just so many factors that develop those gaps, starting before students even get to school in terms of language development. The research on that is really astounding.

Still, these challenges are no excuse. And, it is exactly in these kinds of situations where we saw the MTSS model being implemented most rigorously and with the most success.

Part of my big take-away from my work in Kansas is experiencing the results that come from focusing in these areas. They are very impressive.

I can point to specific examples--in Junction City, Hillsborough, Hocker Grove, and many other places across Kansas--where kids saw tremendous gains over a span of just a few years. Where high schoolers in every subgroup began meeting AYP [Adequate Yearly Progress] in math, where discipline referrals dropped, the number of kids eligible for special education services was reduced, in-school suspension rates plummeted, achievement gaps significantly lessened, and Kansas's NAEP [National Assessment of Educational Progress] results for reading jumped from 60 percent proficient in 2000 to 84 percent proficient in 2008.

I believe that if we can make those kinds of gains in Kansas, other can do the same. And being part of that experience will go a long way in informing my work as assistant secretary.

Photo of Alexa Posny, Director of The Office of Special Education Programs (OSEP) at the Department of Education, laughs during a staff meeting on Dec. 21, 2006, in Washington. Christopher Powers/Education Week-File

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To put a greater focus on early intervention for special education students, the District of Columbia school district has recently opened a free diagnostic testing center for children with developmental delays.

The Early Stages Center will evaluate children ages 3 to 5 for developmental delays and identify services that will help them when they enter school.

"The Early Stages Center is a significant investment in children with special education needs, and an investment in our education system as a whole," Mayor Adrian M. Fenty said in a statement. "The center demonstrates monumental progress for special education in the district by making sure early intervention is an integral part of public education."

The center is located at Walker Jones Education Campus, which includes a preschool-grade 8 school, a public library, and a technology center. Before the center's opening, DCPS only offered smaller-scale screenings for developmental delays to provide services by multiple specialists, according to a news release about the program. The new center will offer expanded outreach and individualized case management.

"The impact of early intervention on student growth is just one of the reasons the Early Stages Center is so vital to DCPS," Chancellor Michelle Rhee said in a statement. "We finally have the structures in place to make the strongest impact on children's future educational success."

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Parents of special education students in a Kentucky school district have formed their own Parent Teacher Association to represent their unique needs, an article in the Louisville Courier-Journal reports.

The group, which formed in March in Oldham County, offers support and resources to parents and works to improve communication with the district. School officials say they hope it's a model for other districts in the state and around the nation, the article said.

The article reports there are as many as 170 special education PTA groups across the nation.

"What it comes down to is that it's the right thing to do for children," Chuck Saylors, the president of the national PTA, told the Courier Journal. "I know there's not as many (groups) as we need out there."

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Special education costs in local school districts in Massachusetts have risen over the past five years and have reached 20 percent of budgets statewide, says an interesting story in the Boston Globe.

The article says the increase could be explained by a rise in the number of students who have more-severe disabilities. Also, better medical care has saved the lives of infants who are born prematurely or with severe disabilities, who otherwise would not have survived years ago. Such babies are more likely to grow up with special needs, the article said.

Since special education services are mandated by law, school officials have to turn to the regular budget for cuts, the Globe reports.

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President Obama has recently sent over to the Senate for approval his nominations for members of the National Council on Disability.

The NCD is an independent federal agency that makes recommendations to the President and Congress on issues affecting 54 million Americans with disabilities.

Here are Obama's nominations with bios provided by the White House:

• Jonathan M. Young is senior counsel at FoxKiser LLP, and co-founder and vice chair of the Committee on Disability Power & Pride. Before law school he served in the Executive Office of the President (1998-2001), where he led several disability-policy initiatives, provided counsel on disability policy, delivered numerous keynote addresses on behalf of the White House, and founded Disability Mentoring Day. At the NRH Center for Health and Disability Research (1996-1998), he authored Equality of Opportunity, a 1997 NCD publication that became the foundation for his 2002 dissertation on the disability-rights movement. Awards include the 1987 NRH Victory Award® and the 2000 USJC Ten Outstanding Young Americans Award. He received a J.D. from Yale Law School, a Ph.D. and M.A. in History from the University of North Carolina at Chapel Hill, and a B.A. from Messiah College. Mr. Young is partially paralyzed from a spinal-cord injury.



• Carol Jean Reynolds is the executive director of the Disability Center for Independent Living (DCIL) in Denver, Colo. DCIL is a grassroots service and advocacy organization that assists more than 700 consumers each year, providing four core services to individuals with both physical and mental disabilities: peer counseling, independent-living skills training, advocacy, and referrals. Ms. Reynolds is a member of the governing board of the National Council on Independent Living and serves as co-chairperson of its mental health task force. She was named board member and consumer of the year by the National Association of the Mentally Ill-Colorado. She is also a member of the Colorado State Rehabilitation Employment Council. Ms. Reynolds speaks publicly on mental-health issues, including providing testimony to the Colorado State legislature in connection with legislation providing funding to uninsured individuals with mental health issues. Ms. Reynolds has struggled with and overcome several mental-health and substance-abuse issues and has been in recovery for 26 years.



• Fernando Torres-Gil is associate dean of academic affairs at the UCLA School of Public Affairs. Previously he served as a professor of gerontology and public administration at the University of Southern California, where he is still an adjunct professor of gerontology. Before serving in academia, Mr. Torres-Gil was the first assistant secretary for aging in the U.S. Department of Health and Human Services and served as the staff director of the House of Representatives Select Committee on Aging. Mr. Torres-Gil also served as president of the American Society on Aging from 1989 to 1992. He is a member of San Francisco Bay Area Polio Survivors, the National Academy of Social Insurance, and on the board of directors of Elderhostel, the National Committee to Preserve Social Security and Medicare, the AARP Foundation, the Los Angeles Airport Commission, and The California Endowment. Professor Torres-Gil is a polio survivor.



• Chester Alonzo Finn is a special assistant with the New York State Office of Mental Retardation and Developmental Disabilities, providing services, supports, and advocacy to individuals with development disabilities and their families. In October, he was appointed to the office's leadership team. He is also president of the national board of Self-Advocates Becoming Empowered, board adviser to the Self Advocacy Association of New York State, and a member of the Justice for All Action Networking Streaming Committee. Mr. Finn is also an active member of the board of directors for the ARC of the United States, the world's largest community-based organization of and for people with intellectual and developmental disabilities. Mr. Finn is blind and is developmentally disabled.



• Gary Blumenthal is the executive director of the Association of Developmental Disabilities Providers, which aims to promote and ensure the health of the community-based organizations that provide supports and services for individuals with developmental disabilities. He also served as the executive director for the Alta California Regional Center, which oversees service delivery for children and adults with developmental disabilities in the Sacramento region. Previously, Mr. Blumenthal was the Wichita regional director for the Kansas State Department of Social and Rehabilitation Services, CEO for the Florida State Protection and Advocacy Programs for People with Developmental Disabilities, and director of the President's Committee on Mental Retardation during the Clinton administration. Mr. Blumenthal was also a member of the Kansas State House of Representatives for 11 years. He was an American Government teacher in the Shawnee Mission public schools in Overland Park, Kan., for 12 years. Mr. Blumenthal a graduate of the University of Kansas, Lawrence and the University of Missouri, Kansas City.



• Sara Gelser serves as a state representative for Corvallis and Philomath in the Oregon State House of Representatives. The youngest woman in the Oregon State Legislature, she also serves as assistant majority leader and chairs the House Education Committee. Previously, Ms. Gelser served as the children with disabilities and family support coordinator for the Oregon State Department of Human Services. Additionally, she served as a regional coordinator for the Oregon Parent Training and Information Center, where she provided training to parents, educators and administrators about the implementation of special education law. Ms. Gelser is the founder of the FG Syndrome Family Alliance, a nonprofit organization serving families and medical professionals dealing with FG Syndrome, a rare developmental disability. Ms. Gelser's teenaged son, Sam, has FG Syndrome.



• Ari Ne'eman is the founding president of the Autistic Self-Advocacy Network, where he initiates and directs efforts to increase the representation of autistic individuals in public policy discussions. He is a leading advocate in the neurodiversity movement, frequently briefing policymakers and speaking publicly on disability and autism policy issues. Mr. Ne'eman also serves as vice chair of the New Jersey Adults with Autism Task Force, where he represents autistic adults in reviewing the state's autism services. He also previously served on the New Jersey's Special Education Review Commission, where he authored a minority report on the topic of aversives, restraint, and seclusion. Mr. Ne'eman previously served as the policy workgroup leader for the youth advisory council to the National Council on Disability. He is a board member of TASH and the Autism National Committee. In 2008, he received the HSC Foundation "Advocates in Disability" Award. Mr. Ne'eman is an undergraduate at the University of Maryland-Baltimore County, where he studies political science and expects to graduate in May. In 2000, Mr. Ne'eman was diagnosed with Asperger's syndrome, an autism-spectrum disorder.



• Joe Pak is vice president and loan officer of the Farmers & Merchants Bank of Long Beach, Calif. Previously, Mr. Pak worked as the director of external affairs for SBC/Pacific Bell, representing the company to city officials and state legislators as well as to community and business leaders. He is a board member of Acacia Adult Day Health Care Services. Mr. Pak has served on the special needs advisory board for the Orange County Transit Authority and on the California State Rehabilitation Council, where he focused on increasing the low rate of employment among people with disabilities. He is also a former board member and program chair for the Korean Health Education, Information, and Research Center. Mr. Pak earned his Bachelor of Arts degree from the University of Southern California and a Master of Business Administration from the University of Phoenix. At age 3, Mr. Pak's left arm was paralyzed by polio.

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