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Second Appeal Brief
PA ID# 073-USSYQ-00; Chabad Hebrew Academy
PW ID# 836; Bima and Art Scroll Library
FEMA-1498-DR-CA; Chabad Hebrew Academy, San Diego, California
Eligible Equipment, Religious Items
The Cedar Fire started on October 25, 2003, and swept through San Diego County, California, destroying the Chabad Hebrew Academy (Academy). The Academy is an eligible private non profit accredited educational facility, which serves 320 students from preschool through 8th grade. The Academy is appealing the ineligible determination for the replacement of a Bima (platform) and an Art Scroll library in the amount of $69,000. FEMA originally denied funding for PW 836 based on the function of the building the items were housed in as a Temple. The Academy submitted its first appeal for $550,000. The State supported funding $18,172 for damages to the non-religious contents of the Temple, and provided a table showing the multipurpose uses of the Temple by hours per day, demonstrating that the Temple was used for non-religious purposes over 90 percent of the time. FEMA determined that the Temple was used for primarily educational purposes, in accordance with Recovery Policy 9521.3, Private Nonprofit Facility (PNP) Eligibility, and approved $12,943.59 ($14,076 less $1,132.41 in anticipated insurance proceeds), for non-religious educational equipment. The Academy submitted a second appeal requesting reconsideration of the Bima and Art Scroll library in the amount of $69,000. Additional information provided by the Academy explained that Bima was used primarily for non-religious purposes similar to the overall uses of the Temple building and that the Art Scroll library was a collection of books, while Jewish in theme, were educational in nature and consistent with a library reference collection.
Are the Bima and ArtScroll library eligible educational materials?
44 CFR § 206.221 (e)(1), which defines the eligibility of a private