OMB No. 1545-0213 Annual Certification of Racial Nondiscrimination Form 5578 Open to Public (Rev. August 2013) for a Private School Exempt From Federal Income Tax ▶ Information about Form 5578 and its instructions is at www.irs.gov/form5578. 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 For the period beginning , and ending , 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. 8-2013) |
Form 5578 (Rev. 8-2013) Page 2 A school is an educational organization Section 4.02, Statement of Policy. Every General Instructions that normally maintains a regular faculty school must include a statement of its Section references are to the Internal Revenue and curriculum and normally has a racially nondiscriminatory policy as to Code unless otherwise noted. regularly enrolled body of pupils or students in all its brochures and students in attendance at the place where catalogues dealing with student Note. This form is open to public its educational activities are regularly admissions, programs, and scholarships. A inspection. carried on. The term includes primary, statement substantially similar to the Future Developments secondary, preparatory, or high schools Notice described in paragraph (a) of and colleges and universities, whether subsection 1 of section 4.03, infra, will be For the latest information about operated as a separate legal entity or as acceptable for this purpose. Further, every developments related to Form 5578 and its an activity of a church or other school must include a reference to its instructions, such as legislation enacted organization described in section 501(c)(3). racially nondiscriminatory policy in other after they were published, go to The term also includes preschools and any written advertising that it uses as a means www.irs.gov/form5578. other organization that is a school as of informing prospective students of its defined in section 170(b)(1)(A)(ii). programs. The following references will be Purpose of Form acceptable: A central organization is an organization Form 5578 may be used by organizations that has one or more subordinates under The (name) school admits students of that operate tax-exempt private schools to its general supervision or control. A any race, color, and national or ethnic provide the Internal Revenue Service with subordinate is a chapter, local, post, or origin. the annual certification of racial other unit of a central organization. A Section 4.03, Publicity. The school must nondiscrimination required by Rev. Proc. central organization may also be a make its racially nondiscriminatory policy 75-50 (the relevant part of which is subordinate, as in the case of a state known to all segments of the general reproduced in these instructions). organization that has subordinate units and community served by the school. Who Must File is itself affiliated with a national organization. 1. The school must use one of the following two methods to satisfy this Every organization that claims exemption The group exemption number (GEN) is a requirement: from federal income tax under section four-digit number issued to a central 501(c)(3) of the Internal Revenue Code and organization by the IRS. It identifies a (a) The school may publish a notice of that operates, supervises, or controls a central organization that has received a its racially nondiscriminatory policy in a private school(s) must file a certification of ruling from the IRS recognizing on a group newspaper of general circulation that racial nondiscrimination. If an organization basis the exemption from federal income serves all racial segments of the is required to file Form 990, Return of tax of the central organization and its community. This publication must be Organization Exempt From Income Tax, or covered subordinates. repeated at least once annually during the Form 990-EZ, Short Form Return of period of the school’s solicitation for Organization Exempt From Income Tax, When To File students or, in the absence of a solicitation either as a separate return or as part of a program, during the school’s registration group return, the certification must be Under Rev. Proc. 75-50, a certification of made on Schedule E (Form 990 or racial nondiscrimination must be filed period. Where more than one community is 990-EZ), Schools, rather than on this form. annually by the 15th day of the 5th month served by a school, the school may publish following the end of the organization’s its notice in those newspapers that are An authorized official of a central calendar year or fiscal period. reasonably likely to be read by all racial organization may file one form to certify for segments of the communities that it the school activities of subordinate Where To File serves. The notice must appear in a organizations that would otherwise be section of the newspaper likely to be read required to file on an individual basis, but Mail Form 5578 to the Department of the by prospective students and their families only if the central organization has enough Treasury, Internal Revenue Service Center, and it must occupy at least three column control over the schools listed on the form Ogden, UT 84201-0027. inches. It must be captioned in at least 12 to ensure that the schools maintain a point boldface type as a notice of racially nondiscriminatory policy as to Certification Requirement nondiscriminatory policy as to students, students. Section 4.06 of Rev. Proc. 75-50 requires and its text must be printed in at least 8 an individual authorized to take official point type. The following notice will be Definitions action on behalf of a school that claims to acceptable: A racially nondiscriminatory policy as to be racially nondiscriminatory as to students means that the school admits the students to certify annually, under Notice Of Nondiscriminatory students of any race to all the rights, penalties of perjury, that to the best of his Policy As To Students privileges, programs, and activities or her knowledge and belief the school has The (name) school admits students of any generally accorded or made available to satisfied the applicable requirements of race, color, national and ethnic origin to all students at that school and that the school sections 4.01 through 4.05 of the Revenue the rights, privileges, programs, and does not discriminate on the basis of race Procedure, reproduced below: activities generally accorded or made in the administration of its educational available to students at the school. It does policies, admissions policies, scholarship Rev. Proc. 75-50 not discriminate on the basis of race, color, and loan programs, and athletic and other Section 4.01, Organizational national and ethnic origin in administration school-administered programs. Requirements. A school must include a of its educational policies, admissions The IRS considers discrimination on the statement in its charter, bylaws, or other policies, scholarship and loan programs, basis of race to include discrimination on governing instrument, or in a resolution of and athletic and other school-administered the basis of color or national or ethnic its governing body, that it has a racially programs. origin. nondiscriminatory policy as to students and therefore does not discriminate against applicants and students on the basis of race, color, and national or ethnic origin. |
Form 5578 (Rev. 8-2013) Page 3 (b) The school may use the broadcast (b) If a school customarily draws a The Service encourages schools to media to publicize its racially substantial percentage of its students satisfy the publicity requirement by the nondiscriminatory policy if this use makes nationwide or world-wide or from a large methods described in subsection 1 of this such nondiscriminatory policy known to all geographic section or sections of the section, regardless of whether a school segments of the general community the United States and follows a racially considers itself within subsection 2, school serves. If this method is chosen, nondiscriminatory policy as to students, because it believes these methods to be the school must provide documentation the publicity requirement may be satisfied the most effective to make known a that the means by which this policy was by complying with section 4.02, supra. school’s racially nondiscriminatory policy. communicated to all segments of the Such a school may demonstrate that it In this regard it is each school’s general community was reasonably follows a racially nondiscriminatory policy responsibility to determine whether expected to be effective. In this case, within the meaning of the preceding paragraph (a), (b), or (c) of subsection 2 appropriate documentation would include sentence either by showing that it currently applies to it. On audit, a school must be copies of the tapes or script used and enrolls students of racial minority groups in prepared to demonstrate that the failure to records showing that there was an meaningful numbers or, when minority publish its racially nondiscriminatory policy adequate number of announcements, that students are not enrolled in meaningful in accordance with subsection 1 of this they were made during hours when the numbers, that its promotional activities and section was justified by the application to it announcements were likely to be recruiting efforts in each geographic area of paragraph (a), (b), or (c) of subsection 2. communicated to all segments of the were reasonably designed to inform Further, a school must be prepared to general community, that they were of students of all racial segments in the demonstrate that it has publicly disavowed sufficient duration to convey the message general communities within the area of the or repudiated any statements purported to clearly, and that they were broadcast on availability of the school. The question have been made on its behalf (after radio or television stations likely to be whether a school satisfies the preceding November 6, 1975) that are contrary to its listened to by substantial numbers of sentence will be determined on the basis publicity of a racially nondiscriminatory members of all racial segments of the of the facts and circumstances of each policy as to students, to the extent that the general community. Announcements must case. school or its principal official were aware of be made during the period of the school’s (c) If a school customarily draws its such statements. solicitation for students or, in the absence students from local communities and follows Section 4.04, Facilities and Programs. A of a solicitation program, during the a racially nondiscriminatory policy as to school must be able to show that all of its school’s registration period. students, the publicity requirement may be programs and facilities are operated in a Communication of a racially satisfied by complying with section 4.02, racially nondiscriminatory manner. nondiscriminatory policy as to students by supra. Such a school may demonstrate that it Section 4.05, Scholarship and Loan a school to leaders of racial groups as the follows a racially nondiscriminatory policy Programs. As a general rule, all scholarship sole means of publicity generally will not within the meaning of the preceding sentence or other comparable benefits procurable for be considered effective to make the policy by showing that it currently enrolls students use at any given school must be offered on a known to all segments of the community. of racial minority groups in meaningful racially nondiscriminatory basis. Their 2. The requirements of subsection 1 of numbers. The question whether a school availability on this basis must be known this section will not apply when one of the satisfies the preceding sentence will be throughout the general community being following paragraphs applies: determined on the basis of the facts and served by the school and should be referred circumstances of each case. One of the facts to in the publicity required by this section in (a) If for the preceding 3 years the and circumstances that the Service will order for that school to be considered racially enrollment of a parochial or other consider is whether the school’s promotional nondiscriminatory as to students. . . . church-related school consists of students activities and recruiting efforts in each area scholarships and loans that are made at least 75% of whom are members of the were reasonably designed to inform students pursuant to financial assistance programs sponsoring religious denomination or unit, of all racial segments in the general favoring members of one or more racial the school may make known its racially communities within the area of the availability minority groups that are designed to promote nondiscriminatory policy in whatever of the school. The Service recognizes that the a school’s racially nondiscriminatory policy newspapers or circulars the religious failure by a school drawing its students from will not adversely affect the school’s exempt denomination or unit utilizes in the local communities to enroll racial minority status. Financial assistance programs favoring communities from which the students are group students may not necessarily indicate members of one or more racial groups that do drawn. These newspapers and circulars the absence of a racially nondiscriminatory not significantly derogate from the school’s may be those distributed by a particular policy as to students when there are relatively racially nondiscriminatory policy similarly will religious denomination or unit or by an few or no such students in these not adversely affect the school’s exempt association that represents a number of communities. Actual enrollment is, however, a status. religious organizations of the same meaningful indication of a racially denomination. If, however, the school nondiscriminatory policy in a community in How To Get Tax Help advertises in newspapers of general which a public school or schools became circulation in the community or subject to a desegregation order of a federal Internet communities from which its students are court or otherwise expressly became drawn and paragraphs (b) and (c) of this obligated to implement a desegregation plan You can access the IRS website 24 hours a subsection are not applicable to it, then it under the terms of any written contract or day, 7 days a week at www.irs.gov/eo to: must comply with paragraph (a) of other commitment to which any federal • Download forms, including talking tax subsection 1 of this section. agency was a party. forms, instructions, and publications. |
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