Enlarge image | OMB No. 1545-0047 SCHEDULE E Schools (Form 990) ▶ Complete if the organization answered “Yes” on Form 990, Part IV, line 13, or Form 990-EZ, Part VI, line 48. 2021 Department of the Treasury ▶ Attach to Form 990 or Form 990-EZ. Open to Public Internal Revenue Service ▶ Go to www.irs.gov/Form990 for the latest information. Inspection Name of the organization Employer identification number Part I YES NO 1 Does the organization have a racially nondiscriminatory policy toward students by statement in its charter, bylaws, other governing instrument, or in a resolution of its governing body? . . . . . . . . . . 1 2 Does the organization include a statement of its racially nondiscriminatory policy toward students in all its brochures, catalogues, and other written communications with the public dealing with student admissions, programs, and scholarships? 2 3 Has the organization publicized its racially nondiscriminatory policy on its primary publicly accessible Internet homepage at all times during its taxable year in a manner reasonably expected to be noticed by visitors to the homepage, or through newspaper or broadcast media during the period of solicitation for students, or during the registration period if it has no solicitation program, in a way that makes the policy known to all parts of the general community it serves? If “Yes,” please describe. If “No,” please explain. If you need more space, use Part II . . 3 4 Does the organization maintain the following? a Records indicating the racial composition of the student body, faculty, and administrative staff? . . . . 4a b Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatory basis? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4b c Copies of all catalogues, brochures, announcements, and other written communications to the public dealing with student admissions, programs, and scholarships? . . . . . . . . . . . . . . . . . . 4c d Copies of all material used by the organization or on its behalf to solicit contributions? . . . . . . . 4d If you answered “No” to any of the above, please explain. If you need more space, use Part II. 5 Does the organization discriminate by race in any way with respect to: a Students’ rights or privileges? . . . . . . . . . . . . . . . . . . . . . . . . . . 5a b Admissions policies? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5b c Employment of faculty or administrative staff? . . . . . . . . . . . . . . . . . . . . . 5c d Scholarships or other financial assistance? . . . . . . . . . . . . . . . . . . . . . . 5d e Educational policies? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5e f Use of facilities? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5f g Athletic programs? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5g h Other extracurricular activities? . . . . . . . . . . . . . . . . . . . . . . . . . 5h If you answered “Yes” to any of the above, please explain. If you need more space, use Part II. 6a Does the organization receive any financial aid or assistance from a governmental agency? . . . . . . 6a b Has the organization’s right to such aid ever been revoked or suspended? . . . . . . . . . . . 6b If you answered “Yes” on either line 6a or line 6b, explain on Part II. 7 Does the organization certify that it has complied with the applicable requirements of sections 4.01 through 4.05 of Rev. Proc. 75-50, 1975-2 C.B. 587, covering racial nondiscrimination? If “No,” explain on Part II . . 7 For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ. Cat. No. 50085D Schedule E (Form 990) 2021 |
Enlarge image | Schedule E (Form 990) 2021 Page 2 Part II Supplemental Information. Provide the explanations required by Part I, lines 3, 4d, 5h, 6b, and 7, as applicable. Also provide any other additional information. See instructions. Schedule E (Form 990) 2021 |
Enlarge image | Schedule E (Form 990) 2021 Page 3 General Instructions that it serves. The notice must appear in a section of the newspaper likely to be read by prospective students and their families and it must Future developments. For the latest information about developments occupy at least three column inches. It must be captioned in at least 12- related to Schedule E (Form 990), such as legislation enacted after the point boldface type as a notice of nondiscriminatory policy as to schedule and its instructions were published, go to students, and its text must be printed in at least 8-point type. The www.irs.gov/Form990. following notice will be acceptable. Reminder Notice of Nondiscriminatory Policy as to Students Rev. Proc. 2019-22, 2019-22 I.R.B. 1260, modified Rev. Proc. 75-50 to provide a third method for a private school to satisfy the publicity The (name) school admits students of any race, color, national and requirement in section 4.03. Accordingly, also answer “Yes” to line 3 if ethnic origin to all the rights, privileges, programs, and activities the organization has publicized its racially nondiscriminatory policy on generally accorded or made available to students at the school. It its primary publicly accessible Internet homepage at all times during its does not discriminate on the basis of race, color, national and ethnic tax year in a manner reasonably expected to be noticed by visitors to origin in administration of its educational policies, admissions policies, the homepage. scholarship and loan programs, and athletic and other school- administered programs. Purpose of Schedule b. The school may use the broadcast media to publicize its racially Schedule E (Form 990) is used by an organization that files Form 990 or nondiscriminatory policy if this use makes such nondiscriminatory policy 990-EZ to report information on private schools. known to all segments of the general community the school serves. If Who Must File this method is chosen, the school must provide documentation that the means by which this policy was communicated to all segments of the An organization that answered “Yes” on Form 990, Part IV, line 13, or general community was reasonably expected to be effective. In this Form 990-EZ, Part VI, line 48, must complete and attach Schedule E to case, appropriate documentation would include copies of the tapes or Form 990 or 990-EZ, as applicable. This means the organization script used and records showing that there was an adequate number of checked the box on Schedule A (Form 990), Public Charity Status and announcements, that they were made during hours when the Public Support, Part I, line 2, because it’s a school. announcements were likely to be communicated to all segments of the If an organization isn’t required to file Form 990 or 990-EZ but general community, that they were of sufficient duration to convey the chooses to do so, it must file a complete return and provide all of the message clearly, and that they were broadcast on radio or television information requested, including the required schedules. stations likely to be listened to by substantial numbers of members of all For Forms 990 and 990-EZ filers, use Part II if additional space is racial segments of the general community. Announcements must be needed for explanations. made during the period of the school’s solicitation for students or, in the absence of a solicitation program, during the school’s registration period. Specific Instructions c. The school may display a notice of its racially nondiscriminatory policy on its primary publicly accessible Internet homepage at all times Part I during its tax year (excluding temporary outages due to website Relevant parts of Rev. Proc. 75-50, 1975-2 C.B. 587, are given below. maintenance or technical problems) in a manner reasonably expected to The revenue procedure gives guidelines and recordkeeping be noticed by visitors to the homepage. The notice used to satisfy the requirements for determining whether private schools that are publicity requirement under 1(a), above, is acceptable. A publicly recognized as exempt from tax have racially nondiscriminatory policies accessible homepage is one that does not require a visitor to input toward their students. information, such as an email address or a username and password, to access the homepage. Factors to be considered in determining whether Rev. Proc. 2019-22, 2019-22 I.R.B. 1260, modified Rev. Proc. 75-50 a notice is reasonably expected to be noticed by visitors to the to provide a third method for a private school to satisfy the requirement homepage include the size, color, and graphic treatment of the notice in in section 4.03. relation to other parts of the homepage, whether the notice is 4.01 Organizational requirements. A school must include a statement unavoidable, whether other parts of the homepage distract attention in its charter, bylaws, or other governing instrument, or in a resolution of from the notice, and whether the notice is visible without a visitor having its governing body, that it has a racially nondiscriminatory policy as to to do anything other than simple scrolling on the homepage. A link on students and therefore doesn’t discriminate against applicants and the homepage to another page where the notice appears, or a notice students on the basis of race, color, and national or ethnic origin. that appears in a carousel or only by selecting a dropdown or by hover 4.02 Statement of policy. Every school must include a statement of its (mouseover) is not acceptable. If a school does not have its own racially nondiscriminatory policy as to students in all its brochures and website, but it has webpages contained in a website, the school must catalogues dealing with student admissions, programs, and display a notice of its racially nondiscriminatory policy on its primary scholarships. A statement substantially similar to the Notice described landing page within the website in a manner that satisfies all other in paragraph (a), subsection 1, section 4.03, below, will be acceptable requirements of this subsection 1(c) to use this publication method. for this purpose. Further, every school must include a reference to its Communication of a racially nondiscriminatory policy as to students racially nondiscriminatory policy in other written advertising that it uses by a school to leaders of racial groups as the sole means of publicity as a means of informing prospective students of its programs. The generally won’t be considered effective to make the policy known to all following references will be acceptable. segments of the community. The (name) school admits students of any race, color, and national or 2. The requirements of subsection 1, section 4.03, won’t apply when ethnic origin. one of the following paragraphs applies. 4.03 Publicity.The school must make its racially nondiscriminatory a. If, for the preceding 3 years, the enrollment of a parochial or other policy known to all segments of the general community served by the church-related school consists of students at least 75% of whom are school. members of the sponsoring religious denomination or unit, the school 1. The school must use one of the following three methods to satisfy may make known its racially nondiscriminatory policy in whatever this requirement. newspapers or circulars the religious denomination or unit utilizes in the communities from which the students are drawn. These newspapers a. The school may publish a notice of its racially nondiscriminatory and circulars may be those distributed by a particular religious policy in a newspaper of general circulation that serves all racial denomination or unit or by an association that represents a number of segments of the community. This publication must be repeated at least religious organizations of the same denomination. If, however, the once annually during the period of the school’s solicitation for students school advertises in newspapers of general circulation in the community or, in the absence of a solicitation program, during the school’s or communities from which its students are drawn and paragraphs (b) registration period. Where more than one community is served by a and (c) of this subsection aren’t applicable to it, then it must comply school, the school may publish its notice in those newspapers that are with paragraph (a), subsection 1, section 4.03. reasonably likely to be read by all racial segments of the communities |
Enlarge image | Schedule E (Form 990) 2021 Page 4 b. If a school customarily draws a substantial percentage of its 4.06 Certification. An individual authorized to take official action on students nationwide, worldwide, or from a large geographic section or behalf of a school that claims to be racially nondiscriminatory as to sections of the United States and follows a racially nondiscriminatory students is required to certify annually, under penalties of perjury, that to policy as to students, the publicity requirement may be satisfied by the best of his or her knowledge and belief the school has satisfied the complying with section 4.02, earlier. Such a school may demonstrate applicable requirements of sections 4.01 through 4.05, Rev. Proc. that it follows a racially nondiscriminatory policy within the meaning of 75-50, as modified by Rev. Proc. 2019-22, 2019-22 I.R.B. 1260. This the preceding sentence either by showing that it currently enrolls certification is line 7, Schedule E. students of racial minority groups in meaningful numbers or, when 4.07 Faculty and staff. The existence of a racially discriminatory policy minority students are not enrolled in meaningful numbers, that its for employment of faculty and administrative staff is indicative of a promotional activities and recruiting efforts in each geographic area racially discriminatory policy as to students. On the other hand, the were reasonably designed to inform students of all racial segments in absence of racial discrimination in employment of faculty and the general communities within the area of the availability of the school. administrative staff is indicative of a racially nondiscriminatory policy as The question whether a school satisfies the preceding sentence will be to students. determined on the basis of the facts and circumstances of each case. 7.01 Specific records. Except as provided in section 7.03, each exempt c. If a school customarily draws its students from local communities private school must maintain for a minimum period of 3 years, beginning and follows a racially nondiscriminatory policy as to students, the with the year after the year of compilation or acquisition, the following publicity requirement may be satisfied by complying with section 4.02, records for the use of the IRS on proper request. earlier.Such a school may demonstrate that it follows a racially nondiscriminatory policy within the meaning of the preceding sentence 1. Records indicating the racial composition of the student body, by showing that it currently enrolls students of racial minority groups in faculty, and administrative staff for each academic year. meaningful numbers. The question whether a school satisfies the 2. Records sufficient to document that scholarship and other financial preceding sentence will be determined on the basis of the facts and assistance is awarded on a racially nondiscriminatory basis. circumstances of each case. One of the facts and circumstances that 3. Copies of all brochures, catalogues, and advertising dealing with the IRS will consider is whether the school’s promotional activities and student admissions, programs, and scholarships. Schools advertising recruiting efforts in each area were reasonably designed to inform nationally or in a large geographic segment or segments of the United students of all racial segments in the general communities within the States need only maintain a record sufficient to indicate when and in area of the availability of the school. The IRS recognizes that the failure which publications their advertisements were placed. by a school drawing its students from local communities to enroll racial minority group students may not necessarily indicate the absence of a 4. Copies of all materials used by or on behalf of the school to solicit racially nondiscriminatory policy as to students when there are relatively contributions. few or no such students in these communities. Actual enrollment is, 7.02 Limitation. however, a meaningful indication of a racially nondiscriminatory policy in 1. For purposes of section 7.01, the racial composition of the student a community in which a public school or schools became subject to a body, faculty, and administrative staff may be an estimate based on the desegregation order of a federal court or otherwise expressly became best information readily available to the school, without requiring obligated to implement a desegregation plan under the terms of any student applicants, students, faculty, or administrative staff to submit written contract or other commitment to which any federal agency was a information to the school that the school otherwise doesn’t require. For party. each academic year, however, a record of the method by which racial The IRS encourages schools to satisfy the publicity requirement by composition is determined must be maintained. the methods described in subsection 1, section 4.03, regardless of 2. The IRS doesn’t require that a school release personally identifiable whether a school considers itself within subsection 2, because it records or personal information contained therein except in accordance believes these methods to be the most effective to make known a with the requirements of the Family Educational Rights and Privacy Act school’s racially nondiscriminatory policy. It’s each school’s of 1974, 20 U.S.C. section 1232g (1974). Similarly, the IRS doesn’t responsibility to determine whether paragraph (a), (b), or (c), subsection require a school to keep records the maintenance of which is prohibited 2, applies to it. On audit, a school must be prepared to demonstrate that under state or federal law. the failure to publish its racially nondiscriminatory policy in accordance with subsection 1, section 4.03, was justified by the application to it of 7.03 Exceptions. The records described in section 7.01 need not be paragraph (a), (b), or (c), subsection 2. Further, a school must be independently maintained for IRS use if: prepared to demonstrate that it has publicly disavowed or repudiated 1. Substantially the same information that each of these records any statements purported to have been made on its behalf (after would provide has been included in a report or reports filed in November 6, 1975) that are contrary to its publicity of a racially accordance with law with an agency or agencies of federal, state, or nondiscriminatory policy as to students, to the extent that the school or local government, and this information is current within 1 year; and its principal official were aware of such statements. 2. The school maintains copies of these reports from which this 4.04 Facilities and programs. A school must be able to show that all of information is readily obtainable. Records described in section 7.01 its programs and facilities are operated in a racially nondiscriminatory providing information not included in reports filed with an agency or manner. agencies must be maintained by the school for IRS use. 4.05 Scholarship and loan programs.As a general rule, all scholarship 7.04 Failure to maintain records. Failure to maintain or to produce, or other comparable benefits available for use at any school must be upon the proper request, the required records and information will offered on a racially nondiscriminatory basis. Their availability on this create a presumption that the organization has failed to comply with basis must be known throughout the general community being served these guidelines. by the school and should be referred to in the publicity required by this section in order for that school to be considered racially Part II. Supplemental Information nondiscriminatory as to students. Scholarships and loans that are made Use Part II to provide the narrative explanations required, if applicable, pursuant to financial assistance programs favoring members of one or to supplement responses to Part I, lines 3, 4d, 5h, 6b, and 7. Part II may more racial minority groups that are designed to promote a school’s also be used to supplement other responses to questions on Schedule racially nondiscriminatory policy won’t adversely affect the school’s E (Form 990). In Part II, identify the specific line number that each exempt status. response supports, in the order in which those lines appear on Schedule Financial assistance programs favoring members of one or more E (Form 990). Part II can be duplicated if more space is needed. racial groups that don’t significantly derogate from the school’s racially nondiscriminatory policy similarly won’t adversely affect the school’s exempt status. |