Bill Text: IL HB3000 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Creates the COVID-19 Vaccine Freedom of Choice in Education Act. Provides that no employee or student of a public school or institution of higher education in this State may be required to receive a COVID-19 vaccine or a subsequent booster dose as a term of new or continued employment or enrollment in the school or institution. Amends the School Code, College Student Immunization Act, and Communicable Disease Prevention Act to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2023-10-17 - Added Co-Sponsor Rep. Tony M. McCombie [HB3000 Detail]

Download: Illinois-2023-HB3000-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3000

Introduced , by Rep. Patrick Windhorst

SYNOPSIS AS INTRODUCED:
New Act
105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
110 ILCS 20/2 from Ch. 144, par. 2602
410 ILCS 315/2 from Ch. 111 1/2, par. 22.12

Creates the COVID-19 Vaccine Freedom of Choice in Education Act. Provides that no employee or student of a public school or institution of higher education in this State may be required to receive a COVID-19 vaccine or a subsequent booster dose as a term of new or continued employment or enrollment in the school or institution. Amends the School Code, College Student Immunization Act, and Communicable Disease Prevention Act to make conforming changes. Effective immediately.
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A BILL FOR

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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5COVID-19 Vaccine Freedom of Choice in Education Act.
6 Section 5. Definition. As used in this Act, "school" means
7a preschool, elementary or secondary school, vocational
8school, or special educational facility.
9 Section 10. COVID-19 vaccine requirement prohibited.
10 (a) Notwithstanding any requirements under the School Code
11or rules of the Department of Public Health to the contrary, no
12employee or student of a public school in this State may be
13required to receive a COVID-19 vaccine or a subsequent booster
14dose as a term of new or continued employment or enrollment in
15the school.
16 (b) Notwithstanding any requirements under the College
17Student Immunization Act or rules of the Department of Public
18Health to the contrary, no employee or student of a public
19institution of higher education in this State may be required
20to receive a COVID-19 vaccine or a subsequent booster dose as a
21term of new or continued employment or enrollment in the
22institution of higher education.

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1 Section 90. The School Code is amended by changing Section
227-8.1 as follows:
3 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
4 Sec. 27-8.1. Health examinations and immunizations.
5 (1) In compliance with rules and regulations which the
6Department of Public Health shall promulgate, and except as
7hereinafter provided, all children in Illinois shall have a
8health examination as follows: within one year prior to
9entering kindergarten or the first grade of any public,
10private, or parochial elementary school; upon entering the
11sixth and ninth grades of any public, private, or parochial
12school; prior to entrance into any public, private, or
13parochial nursery school; and, irrespective of grade,
14immediately prior to or upon entrance into any public,
15private, or parochial school or nursery school, each child
16shall present proof of having been examined in accordance with
17this Section and the rules and regulations promulgated
18hereunder. Any child who received a health examination within
19one year prior to entering the fifth grade for the 2007-2008
20school year is not required to receive an additional health
21examination in order to comply with the provisions of Public
22Act 95-422 when he or she attends school for the 2008-2009
23school year, unless the child is attending school for the
24first time as provided in this paragraph.

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1 A tuberculosis skin test screening shall be included as a
2required part of each health examination included under this
3Section if the child resides in an area designated by the
4Department of Public Health as having a high incidence of
5tuberculosis. Additional health examinations of pupils,
6including eye examinations, may be required when deemed
7necessary by school authorities. Parents are encouraged to
8have their children undergo eye examinations at the same
9points in time required for health examinations.
10 (1.5) In compliance with rules adopted by the Department
11of Public Health and except as otherwise provided in this
12Section, all children in kindergarten and the second, sixth,
13and ninth grades of any public, private, or parochial school
14shall have a dental examination. Each of these children shall
15present proof of having been examined by a dentist in
16accordance with this Section and rules adopted under this
17Section before May 15th of the school year. If a child in the
18second, sixth, or ninth grade fails to present proof by May
1915th, the school may hold the child's report card until one of
20the following occurs: (i) the child presents proof of a
21completed dental examination or (ii) the child presents proof
22that a dental examination will take place within 60 days after
23May 15th. A school may not withhold a child's report card
24during a school year in which the Governor has declared a
25disaster due to a public health emergency pursuant to Section
267 of the Illinois Emergency Management Agency Act. The

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1Department of Public Health shall establish, by rule, a waiver
2for children who show an undue burden or a lack of access to a
3dentist. Each public, private, and parochial school must give
4notice of this dental examination requirement to the parents
5and guardians of students at least 60 days before May 15th of
6each school year.
7 (1.10) Except as otherwise provided in this Section, all
8children enrolling in kindergarten in a public, private, or
9parochial school on or after January 1, 2008 (the effective
10date of Public Act 95-671) and any student enrolling for the
11first time in a public, private, or parochial school on or
12after January 1, 2008 (the effective date of Public Act
1395-671) shall have an eye examination. Each of these children
14shall present proof of having been examined by a physician
15licensed to practice medicine in all of its branches or a
16licensed optometrist within the previous year, in accordance
17with this Section and rules adopted under this Section, before
18October 15th of the school year. If the child fails to present
19proof by October 15th, the school may hold the child's report
20card until one of the following occurs: (i) the child presents
21proof of a completed eye examination or (ii) the child
22presents proof that an eye examination will take place within
2360 days after October 15th. A school may not withhold a child's
24report card during a school year in which the Governor has
25declared a disaster due to a public health emergency pursuant
26to Section 7 of the Illinois Emergency Management Agency Act.

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1The Department of Public Health shall establish, by rule, a
2waiver for children who show an undue burden or a lack of
3access to a physician licensed to practice medicine in all of
4its branches who provides eye examinations or to a licensed
5optometrist. Each public, private, and parochial school must
6give notice of this eye examination requirement to the parents
7and guardians of students in compliance with rules of the
8Department of Public Health. Nothing in this Section shall be
9construed to allow a school to exclude a child from attending
10because of a parent's or guardian's failure to obtain an eye
11examination for the child.
12 (2) The Department of Public Health shall promulgate rules
13and regulations specifying the examinations and procedures
14that constitute a health examination, which shall include an
15age-appropriate developmental screening, an age-appropriate
16social and emotional screening, and the collection of data
17relating to asthma and obesity (including at a minimum, date
18of birth, gender, height, weight, blood pressure, and date of
19exam), and a dental examination and may recommend by rule that
20certain additional examinations be performed. The rules and
21regulations of the Department of Public Health shall specify
22that a tuberculosis skin test screening shall be included as a
23required part of each health examination included under this
24Section if the child resides in an area designated by the
25Department of Public Health as having a high incidence of
26tuberculosis. With respect to the developmental screening and

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1the social and emotional screening, the Department of Public
2Health must, no later than January 1, 2019, develop rules and
3appropriate revisions to the Child Health Examination form in
4conjunction with a statewide organization representing school
5boards; a statewide organization representing pediatricians;
6statewide organizations representing individuals holding
7Illinois educator licenses with school support personnel
8endorsements, including school social workers, school
9psychologists, and school nurses; a statewide organization
10representing children's mental health experts; a statewide
11organization representing school principals; the Director of
12Healthcare and Family Services or his or her designee, the
13State Superintendent of Education or his or her designee; and
14representatives of other appropriate State agencies and, at a
15minimum, must recommend the use of validated screening tools
16appropriate to the child's age or grade, and, with regard to
17the social and emotional screening, require recording only
18whether or not the screening was completed. The rules shall
19take into consideration the screening recommendations of the
20American Academy of Pediatrics and must be consistent with the
21State Board of Education's social and emotional learning
22standards. The Department of Public Health shall specify that
23a diabetes screening as defined by rule shall be included as a
24required part of each health examination. Diabetes testing is
25not required.
26 Physicians licensed to practice medicine in all of its

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1branches, licensed advanced practice registered nurses, or
2licensed physician assistants shall be responsible for the
3performance of the health examinations, other than dental
4examinations, eye examinations, and vision and hearing
5screening, and shall sign all report forms required by
6subsection (4) of this Section that pertain to those portions
7of the health examination for which the physician, advanced
8practice registered nurse, or physician assistant is
9responsible. If a registered nurse performs any part of a
10health examination, then a physician licensed to practice
11medicine in all of its branches must review and sign all
12required report forms. Licensed dentists shall perform all
13dental examinations and shall sign all report forms required
14by subsection (4) of this Section that pertain to the dental
15examinations. Physicians licensed to practice medicine in all
16its branches or licensed optometrists shall perform all eye
17examinations required by this Section and shall sign all
18report forms required by subsection (4) of this Section that
19pertain to the eye examination. For purposes of this Section,
20an eye examination shall at a minimum include history, visual
21acuity, subjective refraction to best visual acuity near and
22far, internal and external examination, and a glaucoma
23evaluation, as well as any other tests or observations that in
24the professional judgment of the doctor are necessary. Vision
25and hearing screening tests, which shall not be considered
26examinations as that term is used in this Section, shall be

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1conducted in accordance with rules and regulations of the
2Department of Public Health, and by individuals whom the
3Department of Public Health has certified. In these rules and
4regulations, the Department of Public Health shall require
5that individuals conducting vision screening tests give a
6child's parent or guardian written notification, before the
7vision screening is conducted, that states, "Vision screening
8is not a substitute for a complete eye and vision evaluation by
9an eye doctor. Your child is not required to undergo this
10vision screening if an optometrist or ophthalmologist has
11completed and signed a report form indicating that an
12examination has been administered within the previous 12
13months.".
14 (2.5) With respect to the developmental screening and the
15social and emotional screening portion of the health
16examination, each child may present proof of having been
17screened in accordance with this Section and the rules adopted
18under this Section before October 15th of the school year.
19With regard to the social and emotional screening only, the
20examining health care provider shall only record whether or
21not the screening was completed. If the child fails to present
22proof of the developmental screening or the social and
23emotional screening portions of the health examination by
24October 15th of the school year, qualified school support
25personnel may, with a parent's or guardian's consent, offer
26the developmental screening or the social and emotional

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1screening to the child. Each public, private, and parochial
2school must give notice of the developmental screening and
3social and emotional screening requirements to the parents and
4guardians of students in compliance with the rules of the
5Department of Public Health. Nothing in this Section shall be
6construed to allow a school to exclude a child from attending
7because of a parent's or guardian's failure to obtain a
8developmental screening or a social and emotional screening
9for the child. Once a developmental screening or a social and
10emotional screening is completed and proof has been presented
11to the school, the school may, with a parent's or guardian's
12consent, make available appropriate school personnel to work
13with the parent or guardian, the child, and the provider who
14signed the screening form to obtain any appropriate
15evaluations and services as indicated on the form and in other
16information and documentation provided by the parents,
17guardians, or provider.
18 (3) Except as otherwise provided in the COVID-19 Vaccine
19Freedom of Choice in Education Act, every Every child shall,
20at or about the same time as he or she receives a health
21examination required by subsection (1) of this Section,
22present to the local school proof of having received such
23immunizations against preventable communicable diseases as the
24Department of Public Health shall require by rules and
25regulations promulgated pursuant to this Section and the
26Communicable Disease Prevention Act.

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1 (4) The individuals conducting the health examination,
2dental examination, or eye examination shall record the fact
3of having conducted the examination, and such additional
4information as required, including for a health examination
5data relating to asthma and obesity (including at a minimum,
6date of birth, gender, height, weight, blood pressure, and
7date of exam), on uniform forms which the Department of Public
8Health and the State Board of Education shall prescribe for
9statewide use. The examiner shall summarize on the report form
10any condition that he or she suspects indicates a need for
11special services, including for a health examination factors
12relating to asthma or obesity. The duty to summarize on the
13report form does not apply to social and emotional screenings.
14The confidentiality of the information and records relating to
15the developmental screening and the social and emotional
16screening shall be determined by the statutes, rules, and
17professional ethics governing the type of provider conducting
18the screening. The individuals confirming the administration
19of required immunizations shall record as indicated on the
20form that the immunizations were administered.
21 (5) If a child does not submit proof of having had either
22the health examination or the immunization as required, then
23the child shall be examined or receive the immunization, as
24the case may be, and present proof by October 15 of the current
25school year, or by an earlier date of the current school year
26established by a school district. To establish a date before

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1October 15 of the current school year for the health
2examination or immunization as required, a school district
3must give notice of the requirements of this Section 60 days
4prior to the earlier established date. If for medical reasons
5one or more of the required immunizations must be given after
6October 15 of the current school year, or after an earlier
7established date of the current school year, then the child
8shall present, by October 15, or by the earlier established
9date, a schedule for the administration of the immunizations
10and a statement of the medical reasons causing the delay, both
11the schedule and the statement being issued by the physician,
12advanced practice registered nurse, physician assistant,
13registered nurse, or local health department that will be
14responsible for administration of the remaining required
15immunizations. If a child does not comply by October 15, or by
16the earlier established date of the current school year, with
17the requirements of this subsection, then the local school
18authority shall exclude that child from school until such time
19as the child presents proof of having had the health
20examination as required and presents proof of having received
21those required immunizations which are medically possible to
22receive immediately. During a child's exclusion from school
23for noncompliance with this subsection, the child's parents or
24legal guardian shall be considered in violation of Section
2526-1 and subject to any penalty imposed by Section 26-10. This
26subsection (5) does not apply to dental examinations, eye

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1examinations, and the developmental screening and the social
2and emotional screening portions of the health examination. If
3the student is an out-of-state transfer student and does not
4have the proof required under this subsection (5) before
5October 15 of the current year or whatever date is set by the
6school district, then he or she may only attend classes (i) if
7he or she has proof that an appointment for the required
8vaccinations has been scheduled with a party authorized to
9submit proof of the required vaccinations. If the proof of
10vaccination required under this subsection (5) is not
11submitted within 30 days after the student is permitted to
12attend classes, then the student is not to be permitted to
13attend classes until proof of the vaccinations has been
14properly submitted. No school district or employee of a school
15district shall be held liable for any injury or illness to
16another person that results from admitting an out-of-state
17transfer student to class that has an appointment scheduled
18pursuant to this subsection (5).
19 (6) Every school shall report to the State Board of
20Education by November 15, in the manner which that agency
21shall require, the number of children who have received the
22necessary immunizations and the health examination (other than
23a dental examination or eye examination) as required,
24indicating, of those who have not received the immunizations
25and examination as required, the number of children who are
26exempt from health examination and immunization requirements

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1on religious or medical grounds as provided in subsection (8).
2On or before December 1 of each year, every public school
3district and registered nonpublic school shall make publicly
4available the immunization data they are required to submit to
5the State Board of Education by November 15. The immunization
6data made publicly available must be identical to the data the
7school district or school has reported to the State Board of
8Education.
9 Every school shall report to the State Board of Education
10by June 30, in the manner that the State Board requires, the
11number of children who have received the required dental
12examination, indicating, of those who have not received the
13required dental examination, the number of children who are
14exempt from the dental examination on religious grounds as
15provided in subsection (8) of this Section and the number of
16children who have received a waiver under subsection (1.5) of
17this Section.
18 Every school shall report to the State Board of Education
19by June 30, in the manner that the State Board requires, the
20number of children who have received the required eye
21examination, indicating, of those who have not received the
22required eye examination, the number of children who are
23exempt from the eye examination as provided in subsection (8)
24of this Section, the number of children who have received a
25waiver under subsection (1.10) of this Section, and the total
26number of children in noncompliance with the eye examination

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1requirement.
2 The reported information under this subsection (6) shall
3be provided to the Department of Public Health by the State
4Board of Education.
5 (7) Upon determining that the number of pupils who are
6required to be in compliance with subsection (5) of this
7Section is below 90% of the number of pupils enrolled in the
8school district, 10% of each State aid payment made pursuant
9to Section 18-8.05 or 18-8.15 to the school district for such
10year may be withheld by the State Board of Education until the
11number of students in compliance with subsection (5) is the
12applicable specified percentage or higher.
13 (8) Children of parents or legal guardians who object to
14health, dental, or eye examinations or any part thereof, to
15immunizations, or to vision and hearing screening tests on
16religious grounds shall not be required to undergo the
17examinations, tests, or immunizations to which they so object
18if such parents or legal guardians present to the appropriate
19local school authority a signed Certificate of Religious
20Exemption detailing the grounds for objection and the specific
21immunizations, tests, or examinations to which they object.
22The grounds for objection must set forth the specific
23religious belief that conflicts with the examination, test,
24immunization, or other medical intervention. The signed
25certificate shall also reflect the parent's or legal
26guardian's understanding of the school's exclusion policies in

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1the case of a vaccine-preventable disease outbreak or
2exposure. The certificate must also be signed by the
3authorized examining health care provider responsible for the
4performance of the child's health examination confirming that
5the provider provided education to the parent or legal
6guardian on the benefits of immunization and the health risks
7to the student and to the community of the communicable
8diseases for which immunization is required in this State.
9However, the health care provider's signature on the
10certificate reflects only that education was provided and does
11not allow a health care provider grounds to determine a
12religious exemption. Those receiving immunizations required
13under this Code shall be provided with the relevant vaccine
14information statements that are required to be disseminated by
15the federal National Childhood Vaccine Injury Act of 1986,
16which may contain information on circumstances when a vaccine
17should not be administered, prior to administering a vaccine.
18A healthcare provider may consider including without
19limitation the nationally accepted recommendations from
20federal agencies such as the Advisory Committee on
21Immunization Practices, the information outlined in the
22relevant vaccine information statement, and vaccine package
23inserts, along with the healthcare provider's clinical
24judgment, to determine whether any child may be more
25susceptible to experiencing an adverse vaccine reaction than
26the general population, and, if so, the healthcare provider

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1may exempt the child from an immunization or adopt an
2individualized immunization schedule. The Certificate of
3Religious Exemption shall be created by the Department of
4Public Health and shall be made available and used by parents
5and legal guardians by the beginning of the 2015-2016 school
6year. Parents or legal guardians must submit the Certificate
7of Religious Exemption to their local school authority prior
8to entering kindergarten, sixth grade, and ninth grade for
9each child for which they are requesting an exemption. The
10religious objection stated need not be directed by the tenets
11of an established religious organization. However, general
12philosophical or moral reluctance to allow physical
13examinations, eye examinations, immunizations, vision and
14hearing screenings, or dental examinations does not provide a
15sufficient basis for an exception to statutory requirements.
16The local school authority is responsible for determining if
17the content of the Certificate of Religious Exemption
18constitutes a valid religious objection. The local school
19authority shall inform the parent or legal guardian of
20exclusion procedures, in accordance with the Department's
21rules under Part 690 of Title 77 of the Illinois
22Administrative Code, at the time the objection is presented.
23 If the physical condition of the child is such that any one
24or more of the immunizing agents should not be administered,
25the examining physician, advanced practice registered nurse,
26or physician assistant responsible for the performance of the

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1health examination shall endorse that fact upon the health
2examination form.
3 Exempting a child from the health, dental, or eye
4examination does not exempt the child from participation in
5the program of physical education training provided in
6Sections 27-5 through 27-7 of this Code.
7 (8.5) The school board of a school district shall include
8informational materials regarding influenza and influenza
9vaccinations and meningococcal disease and meningococcal
10vaccinations developed, provided, or approved by the
11Department of Public Health under Section 2310-700 of the
12Department of Public Health Powers and Duties Law of the Civil
13Administrative Code of Illinois when the board provides
14information on immunizations, infectious diseases,
15medications, or other school health issues to the parents or
16guardians of students.
17 (9) For the purposes of this Section, "nursery schools"
18means those nursery schools operated by elementary school
19systems or secondary level school units or institutions of
20higher learning.
21(Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17;
22100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff.
238-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81,
24eff. 7-12-19; 101-643, eff. 6-18-20.)
25 Section 95. The College Student Immunization Act is

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1amended by changing Section 2 as follows:
2 (110 ILCS 20/2) (from Ch. 144, par. 2602)
3 Sec. 2. Proof of immunization. No person shall attend a
4post-secondary educational institution without presenting
5proof that he or she has received such immunizations against
6preventable communicable diseases as the Department shall
7require by rules and regulations promulgated pursuant to this
8Act and the Communicable Disease Prevention Act "An Act in
9relation to the prevention of certain communicable diseases",
10approved July 5, 1967, as now or hereafter amended, except as
11provided in Section 3 of this Act and except as otherwise
12provided in the COVID-19 Vaccine Freedom of Choice in
13Education Act. The proof of immunization required by this
14Section shall be presented to the post-secondary educational
15institution.
16(Source: P.A. 85-1315.)
17 Section 100. The Communicable Disease Prevention Act is
18amended by changing Section 2 as follows:
19 (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
20 Sec. 2. Except as otherwise provided in the COVID-19
21Vaccine Freedom of Choice in Education Act, the The Department
22of Public Health shall promulgate rules and regulations
23requiring immunization of children against preventable

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1communicable diseases designated by the Director. Before any
2regulation or amendment thereto is prescribed, the Department
3shall conduct a public hearing regarding such regulation. In
4addition, before any regulation or any amendment to a
5regulation is adopted, and after the Immunization Advisory
6Committee has made its recommendations, the State Board of
7Health shall conduct 3 public hearings, geographically
8distributed throughout the State, regarding the regulation or
9amendment to the regulation. At the conclusion of the
10hearings, the State Board of Health shall issue a report,
11including its recommendations, to the Director. The Director
12shall take into consideration any comments or recommendations
13made by the Board based on these hearings. The Department may
14prescribe additional rules and regulations for immunization of
15other diseases as vaccines are developed.
16 The provisions of this Act shall not apply if:
17 1. The parent or guardian of the child objects thereto on
18the grounds that the administration of immunizing agents
19conflicts with his religious tenets or practices or,
20 2. A physician employed by the parent or guardian to
21provide care and treatment to the child states that the
22physical condition of the child is such that the
23administration of one or more of the required immunizing
24agents would be detrimental to the health of the child.
25(Source: P.A. 90-607, eff. 6-30-98.)
26 Section 999. Effective date. This Act takes effect upon

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1becoming law.
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