You requested advice regarding whether a student enrolled in a GED program at the
Butler Community College Adult Education/GED program is entitled to Title II student
benefits. You referenced 20 C.F.R. § 404.367 and Program Operations Manual System
(POMS) RS 00205.200B.2. Based upon the facts presented, it is reasonable to conclude that the student
is not entitled to student benefits.
Factual Background
The materials that you sent with your request show that Brandi K. D~ completed an
SSA-1372 on which she stated that she was attending the Butler Community College Adult
Education/GED program in El Dorado, Kansas. She reported that she was a full-time
student and that the school year began on January 4, 2005, and would end on May 29,
2005. Ms. D~ stated that she was scheduled to attend school 20 hours per week and
expected to graduate from the program in June 2005. Virginia Sue C~, the Adult Education
Director, signed the SSA-1372 and thereby verified the information provided by Ms.
D~ and that the school's course of study was at least 13 weeks in duration. See SSA-1372.
In a Report of Contact from an SSA field office, dated February 15, 2005, Madison
H~, the Associate Director of Adult Education/State Director of GED Testing, Kansas
Board of Regents, stated that the GED programs are not approved by the State Board
of Education or other local board. Ms. H~ reported that the GED curriculum was designed
to provide the necessary skills for the student to get into college or a technical
training program. She stated that the course generally lasted 13 to 18 weeks and students
were required to attend a specified number of hours each week. Ms. H~ reported that
the GED program was not considered secondary-level education, but was part of the
adult education programs at the community colleges. She stated that the community
colleges were under the control and jurisdiction of The Kansas Board of Regents which
is the governing body for colleges and universities in the state of Kansas. See SSA-5002 (02/15/05).
On February 17, 2005, Virginia S. C~, the Adult Education Director at Butler County
Community College, reported that she was unsure whether the GED program at Butler
County Community College was approved by the State Board of Education. She stated
that the program was funded and approved by the State Board of Regents. Ms. C~ explained
that the GED program is part of the Adult Education program, but that the curriculum
was considered to cover K-12 material. See SSA-5002 (2/17/05).
Analysis
Section 202(d) of the Social Security Act (Act) provides that child's insurance benefits
usually terminate when the child attains age 18. See 42 U.S.C. § 402(d)(6) and (7). Entitlement to child's benefits may continue, however,
if (among other things) the child "was a full-time elementary or secondary student
and had not attained the age of 19." See 42 U.S.C. § 402(d)(1). A full-time elementary or secondary student is defined as
"an individual who is in full-time attendance as a student at an elementary or secondary
school, as determined by the [Commissioner] (in accordance with regulations prescribed
by him) in the light of the standards and practices of the schools involved." Id. at § 402(d)(7)(A). An elementary or secondary school is defined as "a school which
provides elementary or secondary education, respectively, as determined under the
law of the State or other jurisdiction in which it is located." Id. at § 402(d)(7)(C)(i).
The issue is whether the GED program at Butler County Community College qualifies
as an educational institution under the Act. Because the community college is located
in El Dorado, Kansas, the answer to this question must be determined under the laws
of the State of Kansas. See 20 C.F.R. § 404.367(a) ("[y]ou attend a school which provides elementary or secondary
education as determined under the law of the State…in which it is located"); POMS
RS 00205.200.
An educational institution "is a school that provides elementary or secondary education
(grade 12 or below) as determined under the law of the State or other jurisdiction
in which it is located." See POMS RS 00205.200. Additionally, a high school level program or course taken at a community college
is considered to be at the grade 12 level or below "if the program is approved as
a secondary level school program by the board of education of the State or other local
jurisdiction in which the school is located." See POMS RS 00205.200.
In this case, Ms. H~ stated that the GED program at Butler Community College is not
approved by the State Board of Education or other local board. Both Ms. H~ and Ms.
C~ stated that the GED program at Butler Community College is an adult education program.
Additionally, they both reported that Butler Community College is under the jurisdiction
and control of the Kansas Board of Regents. See SSA-5002 (02/15/05); SSA-5002 (2/17/05); see
also Kan. Stat. Ann. § 72-4530(a) (the board of regents has the power to adopt rules and
regulations related to the processing and issuance of general educational development
(GED) credentials); Kansas Board of Regents, at http://www.kansasregents.org.
Because the Kansas Board of Education has not approved the Butler Community College
GED program as a secondary level school program, we believe that the program cannot
be considered an educational institution. See POMS RS 00205.200. Therefore, we believe it is reasonable to conclude that a student, who is over the
age of 18 and attending a GED program at Butler Community College is not eligible
for student benefits.
Frank V. S~
Chief Counsel, Region VII
By
Angela G. T~-M~
Assistant Regional Counsel