An eligible PNP facility is one that provides a critical service or a noncritical but essential social service to the general public. For education to be considered an eligible critical service, it must be: (1) primary or secondary education as determined under state law and provided in a day or residential school; or (2) provided in higher-education institutions that meet additional criteria. Proof that a school is accredited or recognized by the state Department of Education is required. FEMA’s regulations limit eligible PNP educational facilities to those owned and operated by an educational institution. Educational institutions are defined as elementary or secondary schools, as further defined by the Elementary and Secondary Education Act of 1965, or institutions of higher learning as further defined by the Higher Education Act of 1965. The Applicant has not demonstrated that it is a state-recognized elementary or secondary school, or an accredited institution of higher learning.

The Applicant has not demonstrated that it is a state-recognized educational institution. Consequently, FEMA does not consider the Facility to be an educational facility that provides an eligible PNP critical service. Therefore, this appeal is denied. The Applicant retains its right to appeal future eligibility determinations related to individual structures within the Facility or any separate facilities, as well as subsequent eligibility determinations made related to work and costs.

Stafford Act § 406(a)(1)(B), (a)(3)(B). 44 C.F.R. §§ 206.221(a), (e)(1); 206.222(b). PAPPG, at 43, 45, 48. Coastal Education Foundation, FEMA-4286-DR-SC, at 3-4.