Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 047-05B1D-00; Hope Academy
PW ID# 9724; Private Nonprofit Eligibility
Citation: FEMA-1604-DR-MS; Hope Academy (Applicant)
Cross - Private Nonprofit Eligibility
Summary: Hurricane Katrina caused severe damage to the Hope Academy School facility in August 2005. The school building was eligible for replacement because 65% of the structure was damaged as outlined in Disaster Assistance Policy 9524.4, Repair vs. Replacement of a Facility under 44 CFR §206.226(f) (The 50% Rule). FEMA prepared PW 9724 for $991,250 for the replacement costs of the facility. Following a review, FEMA determined the PW was ineligible because Hope Academy was not an accredited education institution. In the first appeal, the Applicant stated that the facility was eligible because Hope Academy provided educational requirements as defined by Mississippi State law. The Regional Administrator partially approved the first appeal for $655,519 because it fit the eligibility criteria for elementary and secondary schools as defined in FEMA Public Assistance Guide (FEMA 322). The remaining $335,731 on PW 9724 was for the Applicant’s auditorium, which was deemed ineligible for public assistance because it was established as a chapel used for religious purposes. In the second appeal, the Applicant claims that their auditorium is actually an eligible educational facility, and included a schedule of weekly activities as evidence.
Issue: Is the applicant’s auditorium used primarily for eligible purposes?
Finding: Yes. The Applicant provided sufficient additional information to prove that the auditorium is used primarily for educational purposes.
Rationale: FEMA Policy 9521.3, Private Nonprofit Facility Eligibility, dated May 23, 2003.