OMB No. 1545-0047 Form 5578 Annual Certification of Racial Nondiscrimination Open to Public (Rev. November 2019) for a Private School Exempt From Federal Income Tax Inspection Department of the Treasury (for use by organizations that do not file Form 990 or Form 990-EZ) For IRS Use Only Internal Revenue Service ▶ Go to www.irs.gov/Form5578 for the latest information. For the period beginning , 20 and ending , 20 1a Name of organization that operates, supervises, and/or controls school(s). 1b Employer identification number Address (number and street or P.O. box no., if mail is not delivered to street address) Room/suite City or town, state, and ZIP + 4 (If foreign address, list city or town, state or province, and country. Include postal code.) 2a Name of central organization holding group exemption letter covering the school(s). (If same as 1a above, write 2b Employer identification number “Same” and complete 2c.) If the organization in 1a holds an individual exemption letter, write “Not Applicable.” Address (number and street or P.O. box no., if mail is not delivered to street address) Room/suite 2c Group exemption number (see instructions under Definitions) City or town, state, and ZIP + 4 (If foreign address, list city or town, state or province, and country. Include postal code.) 3a Name of school. (If more than one school, write “See Attached” and attach a list of the names, complete addresses, 3b Employer identification number, including postal codes, and employer identification numbers of the schools.) If same as 1a, write “Same.” if any Address (number and street or P.O. box no., if mail is not delivered to street address) Room/suite City or town, state, and ZIP + 4 (If foreign address, list city or town, state or province, and country. Include postal code.) Under penalties of perjury, I hereby certify that I am authorized to take official action on behalf of the above school(s) and that to the best of my knowledge and belief the school(s) has (have) satisfied the applicable requirements of sections 4.01 through 4.05 of Rev. Proc. 75-50, 1975-2 C.B. 587, for the period covered by this certification. (Signature) (Type or print name and title.) (Date) For Paperwork Reduction Act Notice, see instructions. Cat. No. 42658A Form 5578 (Rev. 11-2019) |
Form 5578 (Rev. 11-2019) Page 2 General Instructions privileges, programs, and activities Rev. Proc. 75-50 generally accorded or made available to Section references are to the Internal students at that school and that the school Section 4.01, Organizational Revenue Code unless otherwise noted. does not discriminate on the basis of race Requirements. A school must include a Note: This form is open to public in the administration of its educational statement in its charter, bylaws, or other inspection. policies, admissions policies, scholarship governing instrument, or in a resolution of and loan programs, and athletic and other its governing body, that it has a racially Future Developments school-administered programs. nondiscriminatory policy as to students and therefore does not discriminate against For the latest information about The IRS considers discrimination on the applicants and students on the basis of developments related to Form 5578 and its basis of race to include discrimination on race, color, and national or ethnic origin. instructions, such as legislation enacted the basis of color or national or ethnic origin. Section 4.02, Statement of Policy. after they were published, go to A school is an educational organization Every school must include a statement of www.irs.gov/Form5578. that normally maintains a regular faculty its racially nondiscriminatory policy as to What’s New and curriculum and normally has a students in all its brochures andcatalogues regularly enrolled body of pupils or dealing with studentadmissions, Rev. Proc. 2019-22; 2019-22 C.B. 1260, students in attendance at the place where programs, and scholarships. Astatement available at www.irs.gov/irb/2019-22_IRB, its educational activities are regularly substantially similar to theNotice modified Rev. Proc. 75-50; 1975-2 C.B. carried on. The term includes primary, described in paragraph (a) of subsection 1 587, available at www.irs.gov/pub/irs-tege/ secondary, preparatory, or high schools of section 4.03, infra, will be acceptable for rp1975-50.pdf, to provide a third method and colleges and universities, whether this purpose. Further, everyschool must for a private school to satisfy the publicity operated as a separate legal entity or as include a reference to itsracially requirement in section 4.03. In general, an an activity of a church or other nondiscriminatory policy in otherwritten organization will meet the requirement if organization described in section 501(c)(3). advertising that it uses as a meansof the organization has publicized its racially The term also includes preschools and any informing prospective students of its nondiscriminatory policy on its primary other organization that is a school as programs. The following references will be publicly accessible Internet homepage at defined in section 170(b)(1)(A)(ii). acceptable: all times during its taxable year in a manner A central organization is an organization The (name) school admits students of reasonably expected to be noticed by that has one or more subordinates under its any race, color, and national or ethnic origin. visitors on the homepage. See paragraph general supervision or control. A subordinate 1(c) under “Section 4.03, Publicity” below is a chapter, local, post, or other unit of a Section 4.03, Publicity. The school must for more details. central organization. A central organization make its racially nondiscriminatory policy Purpose of Form may also be a subordinate, as in the case of known to all segments of the general a state organization that has subordinate community served by the school. Form 5578 may be used by organizations units and is itself affiliated with a national 1. The school must use one of the that operate tax-exempt private schools to organization. following three methods to satisfy this provide the Internal Revenue Service with requirement: the annual certification of racial The group exemption number (GEN) is a nondiscrimination required by Rev. Proc. four-digit number issued to a central (a) The school may publish a notice of 75-50 (the relevant part of which is organization by the IRS. It identifies a its racially nondiscriminatory policy in a reproduced in these instructions). Rev. central organization that has received a newspaper of general circulation that Proc. 2019-22 modified Rev. Proc. 75-50 to ruling from the IRS recognizing on a group serves all racial segments of the community. provide a third method for a private school basis the exemption from federal income This publication must be repeated at least to satisfy the requirement in Section 4.03. tax of the central organization and its once annually during the period of the covered subordinates. school’s solicitation for students or, in the Who Must File absence of a solicitation program, during When To File the school’s registration period. Where Every organization that claims exemption more than one community is served by a from federal income tax under section Under Rev. Proc. 75-50, a certification of 501(c)(3) of the Internal Revenue Code and racial nondiscrimination must be filed school, the school may publish its notice in that operates, supervises, or controls a annually by the 15th day of the 5th month those newspapers that are reasonably likely private school(s) must file a certification of after the organization’s accounting period to be read by all racial segments of the racial nondiscrimination. If an organization ends (May 15th for a calendar-year filer). If communities that it serves. The notice must is required to file Form 990, Return of the due date falls on a Saturday, Sunday, appear in a section of the newspaper likely Organization Exempt From Income Tax, or or legal holiday, file on the next business to be read by prospective students and Form 990-EZ, Short Form Return of day. A business day is any day that isn’t a their families and it must occupy at least Organization Exempt From Income Tax, Saturday, Sunday, or legal holiday. three column inches. It must be captioned in at least 12 point boldface type as a notice either as a separate return or as part of a Where To File of nondiscriminatory policy as to students, group return, the certification must be and its text must be printed in at least 8 made on Schedule E (Form 990 or 990-EZ), Mail Form 5578 to: point type. The following notice will be Schools, rather than on this form. Department of the Treasury acceptable: An authorized official of a central Internal Revenue Service Center organization may file one form to certify for Ogden, UT 84201-0027 Notice Of Nondiscriminatory the school activities of subordinate Policy As To Students organizations that would otherwise be Certification Requirement The (name) school admits students of any required to file on an individual basis, but Section 4.06 of Rev. Proc. 75-50 requires race, color, national, and ethnic origin to all only if the central organization has enough an individual authorized to take official the rights, privileges, programs, and control over the schools listed on the form action on behalf of a school that claims to activities generally accorded or made to ensure that the schools maintain a racially be racially nondiscriminatory as to available to students at the school. It does nondiscriminatory policy as to students. students to certify annually, under not discriminate on the basis of race, color, penalties of perjury, that to the best of his national and ethnic origin in administration Definitions or her knowledge and belief the school has of its educational policies, admissions A racially nondiscriminatory policy as to satisfied the applicable requirements of policies, scholarship and loan programs, students means that the school admits the sections 4.01 through 4.05 of the Revenue and athletic and other school-administered students of any race to all the rights, Procedure, reproduced below: programs. |
Form 5578 (Rev. 11-2019) Page 3 (b) The school may use the broadcast be considered effective to make the policy The Service recognizes that the failure by media to publicize its racially known to all segments of the community. a school drawing its students from local nondiscriminatory policy if this use makes 2. The requirements of subsection 1 of communities to enroll racial minority group such nondiscriminatory policy known to all this section will not apply when one of the students may not necessarily indicate the segments of the general community the following paragraphs applies: absence of a racially nondiscriminatory school serves. If this method is chosen,the policy as to students when there are school must provide documentationthat (a) If for the preceding 3 years the relatively few or no such students in these the means by which this policy was enrollment of a parochial or other church- communities. Actual enrollment is, communicated to all segments of the related school consists of students at least however, a meaningful indication of a general community was reasonably 75% of whom are members of the racially nondiscriminatory policy in a expected to be effective. In this case, sponsoring religious denomination or unit, community in which a public school or appropriate documentation would include the school may make known its racially schools became subject to a desegregation copies of the tapes or script used and nondiscriminatory policy in whatever order of a federal court or otherwise records showing that there was an newspapers or circulars the religious expressly became obligated to implement a adequate number of announcements, that denomination or unit utilizes in the desegregation plan under the terms of any they were made during hours when the communities from which the students are written contract or other commitment to announcements were likely to be drawn. These newspapers and circulars which any federal agency was a party. communicated to all segments of the may be those distributed by a particular general community, that they were of religious denomination or unit or by an The Service encourages schools to sufficient duration to convey the message association that represents a number of satisfy the publicity requirement by the clearly, and that they were broadcast on religious organizations of the same methods described in subsection 1 of this radio or television stations likely to be denomination. If, however, the school section, regardless of whether a school listened to by substantial numbers of advertises in newspapers of general considers itself within subsection 2, members of all racial segments of the circulation in the community or because it believes these methods to be general community. Announcements must communities from which its students are the most effective to make known a be made during the period of the school’s drawn and paragraphs (b) and (c) of this school’s racially nondiscriminatory policy. solicitation for students or, in the absence subsection are not applicable to it, then it In this regard it is each school’s of a solicitation program, during the must comply with paragraph (a) of responsibility to determine whether school’s registration period. subsection 1 of this section. paragraph (a), (b), or (c) of subsection 2 applies to it. On audit, a school must be (c) The school may display a notice of its (b) If a school customarily draws a prepared to demonstrate that the failure to racially nondiscriminatory policy on its substantial percentage of its students publish its racially nondiscriminatory policy primary publicly accessible Internet nationwide or world-wide or from a large in accordance with subsection 1 of this homepage at all times during its taxable geographic section or sections of the section was justified by the application to it year (excluding temporary outages due to United States and follows a racially of paragraph (a), (b), or (c) of subsection 2. website maintenance or technical nondiscriminatory policy as to students, the Further, a school must be prepared to problems) in a manner reasonably publicity requirement may be satisfied by demonstrate that it has publicly disavowed expected to be noticed by visitors to the complying with section 4.02, supra. Such a or repudiated any statements purported to homepage. The notice used to satisfy the school may demonstrate that it follows a have been made on its behalf (after publicity requirement under 1(a), above, is racially nondiscriminatory policy within the November 6, 1975) that are contrary to its acceptable. A publicly accessible meaning of the preceding sentence either publicity of a racially nondiscriminatory homepage is one that does not require a by showing that it currently enrolls students policy as to students, to the extent that the visitor to input information, such as an of racial minority groups in meaningful school or its principal official were aware of email address or a user name and numbers or, when minority students are not such statements. password, to access the homepage. enrolled in meaningful numbers, that its Factors to be considered in determining promotional activities and recruiting efforts Section 4.04, Facilities and Programs. A whether the notice is reasonably expected in each geographic area were reasonably school must be able to show that all of its to be noticed by visitors to the homepage designed to inform students of all racial programs and facilities are operated in a include the size, color, and graphic segments in the general communities within racially nondiscriminatory manner. treatment of the notice in relation to other the area of the availability of the school. The Section 4.05, Scholarship and Loan parts of the homepage, whether the notice question whether a school satisfies the Programs. As a general rule, all is unavoidable, whether other parts of the preceding sentence will be determined on scholarship or other comparable benefits homepage distract attention from the the basis of the facts and circumstances of procurable for use at any given school notice, and whether the notice is visible each case. must be offered on a racially without a visitor having to do anything (c) If a school customarily draws its nondiscriminatory basis. Their availability other than simple scrolling on the students from local communities and follows on this basis must be known throughout homepage. A link on the homepage to a racially nondiscriminatory policy as to the general community being served by the another page where the notice appears, or students, the publicity requirement may be school and should be referred to in the a notice that appears in a carousel or only satisfied by complying with section 4.02, publicity required by this section in order by selecting a drop down or by hovering supra. Such a school may demonstrate that it for that school to be considered racially (mouse over) is not acceptable. If a school follows a racially nondiscriminatory policy nondiscriminatory as to students, does not have its own website, but it has within the meaning of the preceding sentence scholarships and loans that are made web pages contained in a website, the by showing that it currently enrolls students pursuant to financial assistance programs school must display a notice of its racially of racial minority groups in meaningful favoring members of one or more racial nondiscriminatory policy on its primary numbers. The question whether a school minority groups that are designed to landing page within the website in a satisfies the preceding sentence will be promote a school’s racially manner that satisfies all otherrequirements determined on the basis of the facts and nondiscriminatory policy will not adversely of this subsection 1(c) to use this circumstances of each case. One of the facts affect the school’s exempt status. Financial publication method. and circumstances that the Service will assistance programs favoring members of Communication of a racially consider is whether the school’s promotional one or more racial groups that do not nondiscriminatory policy as to students by activities and recruiting efforts in each area significantly derogate from the school’s a school to leaders of racial groups as the were reasonably designed to inform students racially nondiscriminatory policy similarly sole means of publicity generally will not of all racial segments in the general will not adversely affect the school’s communities within the area of the availability exempt status. of the school. |
Form 5578 (Rev. 11-2019) Page 4 How To Get Tax Help Paperwork Reduction Act Notice. We The time needed to complete and file askfor the information on this form to carry this form will vary depending on individual Internet out the Internal Revenue laws of the United circumstances. The estimated burden for States. You are required to give us the tax exempt organizations filing this form is You can access the IRS website at IRS.gov information. We need it to ensure that you approved under OMB control number 24 hours a day, 7 days a week. are complying with these laws and to allow 1545-0047 and is included in the estimates • Download forms, including talking tax us to figure and collect the right amount of shown in the instructions for their forms, instructions, and publications. tax. information return. • Order IRS products online. You are not required to provide the Comments and suggestions. If you have information requested on a form that is comments concerning the accuracy of this • Research your tax questions online. subject to the Paperwork Reduction Act time estimate or suggestions for making • Search publications online by topic or unless the form displays a valid OMB this form simpler, we would be happy to keyword. control number. Books or records relating hear from you. You can send us comments • Use the online Internal Revenue Code, to a form or its instructions must be from http://www.irs.gov/FormComments. Regulations, or other official guidance. retained as long as their contents may Or you can write to: become material in the administration of Internal Revenue Service • View Internal Revenue Bulletins (IRBs) any Internal Revenue law. Generally, tax Tax Forms and Publications Division published in the last few years. returns and return information are 1111 Constitution Ave. NW, IR-6526 • Sign up to receive local and national tax confidential, as required by section 6103. Washington, DC 20224 news by email. However, certain returns and return information of tax exempt organizations Don’t send your return to this address. Ordering forms, instructions, and trusts are subject to public disclosure Instead, see Where To File, earlier, for the and publications. and inspection, as provided by section location for filing your form. TIP You can download items from 6104. the IRS website at www.irs.gov/ OrderForms to order current-year forms, instructions, and publications, and prior-year forms and instructions. You should receive your order within 10 days. By Phone If you have questions and/or need help completing this form, please call 877-829-5500. This toll free telephone service is available Monday thru Friday. |