FCC Overturns 30% Unsubstantiated Policy
~ PDE Appeals 15 Recent Denials (entities listed below) ~
~ PDE Files Petition for Waiver and Relief for Other PA Entities (listed below) ~
Message Posted
January 25, 2005
Last week the FCC issued a long-awaited decision on an appeal in which it
overturned the SLD's "30% unsubstantiated" policy. Essentially, the SLD was
treating "unsubstantiated" requests the same as "ineligible requests" and
denying the entire FRN if 30% or more could not be substantiated through bills or a contract.
The FCC ruled that the 30% rule should only apply to ineligible requests and
that unsubstantiated requests should be reduced, but not denied. The entire
decision is available at:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-54A1.doc
When the 30% unsubstantiated denials first started popping up in Year 6, we
urged applicants to file appeals immediately. Those appeals will eventually be
granted -- but only if you appealed. If you were denied because of the 30%
unsubstantiated rule and did NOT appeal, please read the next sections
carefully:
APPLICANTS DENIED SINCE DEC. 3, 2004:
If you are one of the following applicants that were denied for the 30%
unsubstantiated rule in the December 3, 2004 funding wave (wave 10), the
Pennsylvania Department of Education has filed a combined appeal on
your behalf. You do not need to submit anything to the SLD. Eventually,
the SLD will consider the appeal, it will be granted, and you will be
notified by the SLD. Until that time, you cannot consider your request as
being funded and therefore cannot submit any Form 486s, BEARs, etc.
Bristol Twp School District
Eastern Lancaster Co Sch Dist
Harmony Area School District
Midland Borough School Dist (2 denials)
Our Lady Of The Angels
Penn-Trafford School District (2 denials)
Peters Twp. School District
Sacred Heart School
Universal Institute Charter School
Villa Joseph Marie Girls Hs
West York Area School District
Whitehall Public Library
Wilmington Area School Dist
APPLICANTS DENIED BEFORE DEC. 3, 2004 WHO DID NOT APPEAL:
The deadline to appeal a 30% unsubstantiated denial was 60 days from the
date on the original funding commitment decision letter, and even though the
FCC just issued their ruling that overturns the SLD's 30% unsubstantiated
policy, it is too late for you to appeal. The Pennsylvania Department of
Education, however, yesterday filed a Joint Petition for Relief with the FCC,
requesting that your denial be overturned or that you be permitted to file
an appeal 60 days from the date of the FCC's recent ruling. The Petition can be read at:
http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6516890969
While we have no idea if the FCC will consider this Petition (or when), we believe it can't hurt to file it, particularly since the reason you were denied is wholly the fault of the SLD.
Listed below are all of the entities that were denied for the 30% unsubstantiated rule whose 60 day appeal window is closed. There will be no harm by being listed on this Petition if you already appealed. But clearly, the purpose of this Petition is to attempt to provide a safety net for any applicant that was denied for the 30% unsubstantiated rule but who didn't appeal in time.
Wish us luck with the Petition, and I'll let you know if we are successful! -- Julie
(note: a number next to the entity name indicates the # of FRNs denied on the basis of 30% unsubstantiated. No number indicates 1 FRN denied.)
AC Valley School District
Austin Area School District
Bellefonte Area School Dist
Benton Area School District - 2
Bethesda Childrens Home
Borough Of New Cumberland
Bristol Boro School District - 4
Bucks County Technical School - 2
Cambria Heights School Dist - 3
Cedar Grove Christian Academy
Chester-Upland School District
Children's Home Of Easton
Clelian Heights School
Colonial School District - 3
Council Rock School District - 3
Deer Lakes School District
Diocese Of Greensburg Schools
East Franklin School - 2
East Lycoming School District - 2
East Stroudsburg Area Sch Dist
Exeter Township School Dist
Family Charter School
French Creek Valley Christian School
Glendale School District
Greenwood Elementary School
Harambee Charter School
Highlands School District - 2
Hollidaysburg Area Sch Dist - 2
Imhotep Charter School - 2
Immaculate Heart School
James V Brown Library
Keystone Central School Dist - 3
Keystone School District
Kids Peace Diagnostic School Saylorsburg PA
Lancaster Catholic High School
Ligonier Valley Library
Lincoln Intermediate Unit 12 - 2
Line Mountain School District
Locust Grove Mennonite School
Mahanoy Area School District
Manito Inc. Administration
Mars Area School District
Mifflin County School District - 2
Mifflinburg Area School Dist
Neshaminy School District
North Allegheny School Dist
North Hills School District
North Pocono School District
Palmyra Area School District
Penn Cambria School District
Philadelphia Academy Charter School
Quba Institute
Ridley School District - 2
Riverside Beaver Co Sch Dist
Rose Tree Media School District
Scranton City School District
Selinsgrove Area School Dist - 2
St Charles Borromeo School - 2
State College Area School Dist
Tri Valley School District
Wakisha Charter School
Warwick School District
West Branch Area School Dist
Williamsport Area Sch District
Windber Area School District - 2
Julie Tritt Schell
jtschell@comcast.net
(717) 730.7133 (voice)
(717) 730.9060 (fax)
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