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Second Appeal Letter
PA ID# xxx-xxxxx; Junior Achievement of Greater New Orleans
PW ID# xxxx; Request for Public Assistance
August 27, 2008
Colonel Thomas Kirkpatrick (Retired)
State Coordinating Officer
Governors Office of Homeland Security and Emergency Preparedness
415 North 15th Street
Baton Rouge, Louisiana 70802
Re: Second AppealJunior Achievement of Greater New Orleans,
Request for Public Assistance,
Dear Colonel Kirkpatrick:
This letter is in response to your letter dated April 4, 2008, which transmitted the referenced second appeal of the Junior Achievement of Greater New Orleans (JAGNO). JAGNO is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) decision not to accept its Request for Public Assistance (RPA), which was submitted after the regulatory application deadline.
JAGNO is a private nonprofit (PNP) organization that provides a variety of services that introduce students in New Orleans to economic concepts that enhance their understanding of the world around them, apply basic skills, think critically and solve complex problems. JAGNO submitted its RPA to the State on January 5, 2007. FEMA did not accept the RPA because JAGNO submitted it over 10 months after the March 1, 2006, deadline for submitting RPAs. In its first appeal dated March 22, 2007, JAGNO claimed that it experienced extenuating circumstances because FEMA representatives misinformed it numerous times about the FEMA Public Assistance application process. The Regional Administrator concluded in a letter dated November 26, 2007, that JAGNO did not demonstrate extenuating circumstances that were sufficient to warrant the late submission of the RPA. In addition, the Regional Administrator determined that JAGNO did not provide the type of services that would make it eligible for Public Assistance.
In its second appeal, JAGNO gave additional examples to reiterate its extenuating circumstances as well as claimed eligibility as an educational PNP. JAGNO provided examples of its activities and programs, explained agreements with New Orleans Public Schools, and clarified the organizations mission. On July 21, 2008, the Director of the Public Assistance Division met in Washington, D.C., with representatives of JAGNO and the State Coordinating Officer to discuss the appeal.
I have reviewed all information submitted with the second appeal, as well as the information discussed on July 21, 2008, and have determined that JAGNO did not provide compelling information to justify submitting its RPA more than 10 months after the regulatory deadline. In addition, JAGNO is not an eligible educational institution because it does not meet the requirements of 44 CFR §206.221(a). Therefore, I support the Regional Administrators decision in the first appeal. Accordingly, I am denying the second appeal.
Please inform the JAGNO of my determination. This determination is the final decision on this matter pursuant to 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: William Peterson
FEMA Region VI