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Second Appeal Brief
PA ID# 111-UK8D9-00; Jefferson Community and Technical College Foundation, Inc.
PW ID# N/A; Request for Public Assistance
Citation: FEMA-1855-DR-KY, Jefferson Community and Technical College Foundation, Inc.
Cross-Reference: Request for Public Assistance
Summary: In August 2009, the Jefferson Community and Technical College Foundation (Foundation) submitted a Request for Public Assistance (RPA) under declaration FEMA-1855-DR-KY. FEMA prepared eleven Project Worksheets (PWs) to repair flood damage to the basement of an office building located at 200 West Broadway. Upon review, FEMA determined that the submitted documentation did not establish that the Foundation sustained disaster damage to an eligible facility. FEMA denied funding for the Foundation’s PWs and denied the Foundation’s RPA because the Foundation does not meet the regulatory criteria as eligible educational institution.
The Foundation appealed FEMA’s determination, stating that it is a Private Non-profit (PNP) facility established exclusively for charitable, educational, and scientific purposes. The Foundation stated that the damaged building houses essential college educational services. The FEMA Regional Administrator denied the appeal because the damaged facility does not meet the criteria for an eligible PNP facility defined in Title 44 of the Code of Federal Regulations (44 CFR) §206.221(e), Definitions, Private nonprofit facility. Further, the Regional Administrator determined that the Foundation does not meet the criteria for an eligible educational institution as defined in 44 CFR §206.221(a), Definitions, Educational institution. The Regional Administrator explained that the Foundation functions as a fundraising organization for The Jefferson Community and Technical College, and that fundraising is not an educational activity.
In a second appeal, the Foundation states that it is an eligible PNP because its fundraising activities provide the essential support that enables an eligible educational institution to function. The Foundation also claims to provide critical services and infrastructure to the college by allowing the college’s administrative functions to occupy the damaged building. The Foundation has not submitted any documentation supporting its claim that it provides a service, other than fundraising, in support of an eligible educational facility. Furthermore, for a PNP facility to qualify as an eligible facility, the primary function of the facility must be an eligible essential service.
Issues: Has the Foundation demonstrated that it sustained disaster damage to an eligible facility?
Rationale: 44 CFR §206. 221(e), Definitions, Private nonprofit facility