PA ID# 013-91034; Antioch Unified School District
DSR ID# 89659; Structural damage to foundation of #900 wing
PURPOSE: To obtain signature on a letter denying the Antioch Unified School District's third appeal.
DISCUSSION: In October 1989, the Loma Prieta earthquake (845-DR-CA) damaged the Antioch Unified School District's (District's) facilities. The District applied to FEMA for disaster assistance to repair the damaged school facilities. FEMA referred the District's application to the Department of Education (ED), which was the federal agency with statutory authority to restore public elementary and secondary school facilities at the time. The District received $20,284 of an estimated $36,061 in eligible repairs from ED, but later declined the grant and returned the funds.
Five years later, the District discovered damage to the foundation of the #900 wing while performing a structural evaluation of the Antioch High School. When the District requested the reinstatement of the ED disaster grant, ED replied that the case was closed and the funds were no longer available. The District appealed to FEMA for a new DSR to fund the repairs nearly six years after the disaster.
Prior to October 1, 1991, FEMA deferred authority for providing assistance to repair disaster-damaged academic facilities owned by public school districts to ED. Effective November 24, 1993, federal regulation 44 CFR 206.226(a) was amended giving FEMA regulatory authority to fund repairs of elementary and secondary school facilities. In the third appeal, the District claims that because ED refuses to reinstate the original grant and additional damages were reported to OES prior to the change in regulation, FEMA is the federal agency responsible for providing assistance. By regulation, FEMA deferred authority for the restoration of public schools damaged by 845-DR-CA to ED; therefore, ED is the federal agency with specific responsibility to restore the District's damaged facilities.
RECOMMENDED ACTION: Sign the letter denying the District's third appeal.