Debris Removal College Grounds

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1191-DR
ApplicantVennard College
Appeal TypeSecond
PA ID#123-90001
PW ID#19231
Date Signed1999-03-22T05:00:00

Citation: FEMA-1191-DR-IA; Vennard College; DSR 19231

Cross Ref.: Private Non-Profit; Educational Institution; Bible College; Ministry

Summary: Following the snowstorm disaster in the winter of 1997, Vennard College submitted a request for federal disaster assistance as a private non-profit entity. FEMA prepared DSR 19231 for $3,252 for debris removal from the college grounds. Upon review of documentation provided by the college, FEMA determined that the majority of the degree and certificate programs offered by the college were ministerial in nature. Because students would tend to have career objectives in the Christian ministry rather than other professional pursuits, FEMA determined that the college was not open to the general public. In accordance with 44 CFR 206.221(e), the college was deemed ineligible for public assistance funding. In the first appeal to the Regional Director, Vennard College submitted documentation from the Department of Education confirming that the college met the definition of an eligible institution under the Higher Education Act of 1965. However, the Regional Director denied the appeal on the basis that the institution's facilities are used primarily for religious purposes or instruction and, therefore, the college is ineligible. Vennard College submitted a second appeal stating that it was eligible for FEMA funding based on the following: 1) The college received FEMA funding following a disaster in 1993. 2) The college is open to the public as it admits students of any race, color, national origin, gender, or age 3) The college is a recognized educational institution by the Federal Department of Education. 4) The college offers more than religious instruction. 5) Only the college chapel is primarily used for religious purposes. 6) The damage in question was to the grounds which are open to the general public.

Issues: Is Vennard College open to the general public and, therefore, eligible for FEMA funding?

Findings: No. Vennard College is an interdenominational Bible college whose curriculum provides undergraduate education in Biblical and theological studies and professional studies in selected areas of Christian ministry and lay leadership. Therefore, the college precludes non-Christians and is not open to individuals of non-Christian faiths.

Rationale: 44 CFR 206.221(e)

Appeal Letter

March 22, 1999

Ms. Ellen M. Gordon
Governor's Authorized Representative
Iowa Emergency Management Division
Hoover State Office Building, Level A
Des Moines, Iowa 50319-0113

Dear Ms. Gordon:

This is in response to your office's July 28, 1998, transmittal of Vennard College's second appeal regarding the institution's eligibility as a disaster assistance applicant under the Federal Emergency Management Agency's (FEMA's) Public Assistance Program. Following the snowstorm disaster in the winter of 1997 (FEMA-1191-DR-IA), Vennard College submitted a request for federal disaster assistance as a private non-profit entity. FEMA prepared damage survey report (DSR) 19231 for $3,252 for debris removal from the college grounds.

Upon review of documentation provided by the college, FEMA determined that the majority of the degree and certificate programs offered by the college were ministerial in nature. Because students would tend to have career objectives in the Christian ministry rather than other professional pursuits, FEMA determined that the college was not open to the general public. In accordance with 44 CFR 206.221(e), the college was deemed ineligible for public assistance funding.

On March 27, 1998, Mr. David L. Miller, Alternate Governor's Authorized Representative forwarded the college's first appeal to the Regional Director. Vennard College submitted documentation from the Department of Education confirming that the college met the definition of an eligible institution under the Higher Education Act of 1965. Based on this information, Mr. Miller recommended that Vennard College be made eligible for public assistance funding. Although, the college met the definition of an institution of higher learning as stated in 44 CFR 206.221(a)(3), the Regional Director determined that the institution's facilities are used primarily for religious purposes or instruction. Pursuant to 44 CFR 206.220(e)(1), such facilities are excluded from receiving disaster assistance funding. Thus, the first appeal was denied.

On July 6, 1998, Vennard College submitted a second appeal stating that it was eligible for FEMA funding based on the following: 1) The college received FEMA funding following a disaster in 1993. 2) The college is open to the public as it admits students of any race, color, national origin, gender, or age to all the rights, privileges, programs, and activities generally accorded or made available to students at the school. 3) The college is a recognized educational institution by the Federal Department of Education. 4) The college offers more than religious instruction. 5) Only the college chapel is primarily used for religious purposes. 6) The damage in question was to the grounds which are open to the general public.

In response to these assertions, I offer the following: 1) FEMA has not provided funding to the institution following a previous disaster. 2) The institution has not stated that it admits students of any religious faith. 3) To be eligible for disaster assistance, a private nonprofit educational institution must be an institution of higher education as defined by section 1201 of the Higher Education Act of 1965 and be open to the general public (emphasis added). 4) and 5) Although courses are offered outside of religious instruction and its facilities are used for religious and non-religious purposes, the institution's primary mission is to prepare individuals for careers in Christian ministry and leadership. 6) To receive federal funding, an applicant requesting disaster assistance must meet the eligibility requirements of the Stafford Act and FEMA's implementing regulations regardless of the location of the damage on the applicant's property.

As stated above, to be eligible for public assistance funding, a private non-profit educational institution must own or operate an educational facility that is open to the general public. The information provided by Vennard College demonstrates that the institution is intended for individuals of the Christian faith who are pursuing careers in Christian ministry and leadership. As depicted in the first appeal analysis (enclosed) and according to the 1997-1999 Vennard College Catalog, "Vennard College is an interdenominational Bible college in the Wesleyan-Holiness tradition with the mission of preparing Christian leaders who are competent in theory and practice in their field of study.Therefore, its curriculum provides undergraduate education in Biblical and theological studies, supporting courses in general education, and professional studies in selected areas of Christian ministry and lay leadership." The catalog further states that ".a thorough knowledge of the Bible and Christian theology, balanced by a study of the liberal arts and the development of skills necessary for effective ministry and related to professional activity, are central in the philosophy of education at Vennard College." Clearly, Vennard College's mission serves to prepare individuals for Christian leadership positions and, thereby, excludes individuals of other religious faiths. As such, the College is not open to the general public and is not an eligible applicant for federal disaster assistance. Therefore, the appeal is denied.

Please inform the applicant of this determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.

Sincerely,

/S/

Lacy E. Suiter
Executive Associate Director
Response and Recovery

Enclosure

cc: John A. Miller
Regional Director
FEMA Region VII

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