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Second Appeal Brief
PA ID# XXX-XXXXX; Seattle Hebrew Academy
PW ID# N/A; Private Nonprofit (PNP) Facility Eligibility
Citation: FEMA-1361-DR-WA, Seattle Hebrew Academy
Cross-reference: Private Nonprofit (PNP) Facility
Summary: Seattle Hebrew Academy (SHA), a private nonprofit educational facility, suffered damage to its facilities in the February 28, 2001, Nisqually Earthquake. SHA applied to and was denied a loan from the Small Business Administration. SHA then applied to and was denied assistance from FEMA because its enrollment was limited to children of the Jewish faith. FEMAs interpretation of section 102(9) of the Stafford Act was that PNP facilities must be open to the general public. On July 21, 2001, SHA filed a first appeal with Region X. The Region denied that appeal on October 19, 2001. On March 13, 2002, Region X forwarded SHAs second appeal to FEMA headquarters.
Based on research conducted by the FEMA OGC, it was determined that the Stafford Act does not require certain types of facilities be open to the general public; namely educational, utility, emergency, medical and custodial care facilities [enumerated in §206.221(e)(1),(2),(4),(5) & (6)] are not required to be open to the general public.
Issues: 1) Is Seattle Hebrew Academy, a private nonprofit educational facility that is not open to the general public, eligible for FEMA assistance?
Findings: 1) Yes. The Stafford Act does not require that PNP educational facilities be open to the general public.
Rationale: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, [42 U.S.C. § 5122(9)], Title 44 CFR § 206.221, and FEMA RR Policy 9521.3 as amended.