QUESTION PRESENTED
You asked whether C~ (“Claimant”), was eligible to receive child insurance benefits
(“CIB”) as a student from July 2015 through December 2015, her age 19 termination
month. In order to answer this question, we must determine two issues: (1) whether
Indiana University High School (“IUHS”), an online school, may be considered an educational
institution (“EI”); and (2) whether Claimant was in full time attendance (“FTA”) during
the relevant time period.
For the reasons discussed below, we conclude that IUHS qualifies as an EI. We also
conclude that Claimant met the requirements for full-time attendance. Therefore, we
conclude that it is legally supportable to find Claimant eligible for CIB as a student
during the relevant time period.
BACKGROUND
Claimant seeks CIB based on her status as a full-time student at IUHS. IUHS is physically
located in Bloomington, Indiana; Claimant resides in S~, California. With her application
for benefits, Claimant submitted Form SSA-1372-BK dated July XX, 2015, indicating
that she was scheduled to attend IUHS for 30-40 hours per week starting on July XX,
2015, and that she expected to graduate in January 2016. B~, Recorder at IUHS, certified
the SSA-1372-BK on July XX, 2015.
Claimant also submitted a statement dated September XX, 2015. In her statement, Claimant
explained that she was pursuing the College Prep diploma while taking five classes
as a full-time student. She spent roughly 35-42 hours per week on class work at IUHS,
and was in good academic standing.
Field office employee E~ completed a Report of Contact on December 2, 2015; he spoke
with J~, Director of Student Services at IUHS. The Report indicated that IUHS does
not have a written attendance policy, but that their online system allows the school
to track when students log in and out of the system to access learning materials.
According to J~, in order to be considered a full time student, a person would need
to be enrolled in five classes per semester. At that pace, the student would graduate
in four years. As of August 2015, Claimant was enrolled in five courses.
B~ spoke with the undersigned via telephone on August XX, 2016. B~ stated that IUHS
is not a public a school. He went on to explain that IUHS does not receive any funding
from Indiana. Rather, IUHS relies on tuition costs to cover expenses and remain operational.
B~ also explained that IUHS does not have a formal “full time” classification system.
Instead, IUHS only differentiates between those students on a diploma track and those
who are not on a diploma track.
IUHS has an informative website where the undersigned gathered the information in
the remaining paragraphs of this section unless otherwise noted. See Indiana University High School, https://iuhighschool.iu.edu/ (last visited Aug. 22, 2016). IUHS is an online program offered through the Office
of the Vice Provost for undergraduate education office at Indiana University. IUHS
charges a tuition rate of $157.35 per course and has a number of other various fees.
Students have the option to pursue three different diplomas: a General Education diploma,
a College Prep diploma, and an Academic Honors diploma. Each diploma has slightly
varied requirements but a student must complete 40 credits to earn a diploma from
IUHS. Of those 40 credits, at least ten must be earned through IUHS, allowing a large
number of credits to transfer from other institutions. Additionally, a one-credit
course covers the same amount of material as a traditional high school semester course.
IUHS offers 78 high school level courses developed by licensed, certified teachers
and evaluated by independent reviewers. The high school level courses are “based on
approved curriculum for Indiana schools, substantially reflecting state Department
of Education subject area standards.” IUHS also offers six advanced placement (“AP”)
courses, which allow students to earn credits towards a college degree. The AP courses
are written and taught by licensed teachers and are approved by the College Board.
IUHS does not require exams in every course. However, if an exam is required then
a student must have the exam proctored by an approved exam proctor.
IUHS does impose some timing requirements. IUHS offers “Cooperative Courses” and “Independent
Study Courses” to provide students with options as to how quickly they wish to complete
the courses. The semester-based Cooperative Courses are designed to be completed in
15 weeks. Self-paced Cooperative Courses and Independent Study Courses may be completed
in as little as six weeks. All courses must be completed no longer than six months
from the date a student registers for a class.
IUHS is not accredited by the Indiana Department of Education (“IDOE”) and is not
included on the IDOE list of public schools for the 2015-2016 school year. See IDOE, Find School and Corporation Data Reports, http://www.doe.in.gov/accountability/find-school-and-corporation-data-reports (under “General School Information,” follow “2015-16 Indiana School Directory” hyperlink)
(last updated September 2016). IUHS is, however, accredited by the North Central Association
Commission on Accreditation and School Improvement (“NCA CASI”). G~, Director of Accreditation
for the IDOE, spoke with the undersigned via telephone on August 12, 2016, about IUHS
and NCA CASI. See IDOE, http://www.doe.in.gov/staff/accreditation/george-frampton (last visited Aug. 22, 2016). G~ was familiar with both IUHS and NCA CASI’s standards
and reputation as a regional accrediting agency; he called IUHS “a very legitimate
school.” A number of online school rankings echo this praise. Best College Reviews
ranked IUHS as the sixth best online high school for 2016 and The Best Schools rated
IUHS as the second best online high school diploma. See Best College Reviews, The 25 Best Online High Schools for 2016, http://www.bestcollegereviews.org/top/online-high-schools/ (last visited Aug. 22, 2016); see also The Best Schools, The 50 Best Online High School Diplomas, http://www.thebestschools.org/rankings/best-online-high-school-diploma-programs (last visited Aug. 22, 2016). Both of these online rankings cite IUHS’s accreditation
status and high standards of education.
DISCUSSION
The Social Security Act (Act) provides for the payment of CIB to certain children
of individuals who are entitled to old-age or disability insurance benefits or who
died as fully or currently insured individuals. See Section 202(d)(1) of Act. As relevant here, to qualify for student benefits, a claimant
must be at least 18 years old but under age 19 and a full-time elementary or secondary
school student. See Section 202(d)(1)(B) of the Act; 20 C.F.R. § 404.350(1)(5). If the claimant is not
under a disability, benefits terminate when she turns 19 years old, regardless of
her educational status. See Section 202(d)(1)(F)(ii) of the Act.
The Act defines “full-time elementary or secondary school student” as an individual
who is in full-time attendance at an elementary or secondary school, as determined
by the Commissioner of Social Security by regulation. See Section 202(d)(7)(a) of the Act; see also 20 C.F.R. §404.367.
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“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.” Section 202(d)(7)(C)(i) of the Act; see also 20 C.F.R. § 404.367(a). The POMS refers to such a school as an “educational institution.”
See POMS RS 00205.200A. Under the POMS, it is generally assumed that American public schools are EI’s, absent
evidence to the contrary; a non-public school cannot be assumed to be an EI. See POMS RS 00205.250B. It does not matter if the school is online, so long as the school meets state law
requirements. See POMS RS 00205.295.
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To satisfy the “full-time attendance” requirement, a student must meet both federal
and state standards. See POMS RS 00205.300A. To meet the federal standards, the claimant must be enrolled in a noncorrespondence
course of at least 13 weeks’ duration and be scheduled for attendance at the rate
of at least 20 hours per week (with certain exceptions). See 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300C. The state requirements are met if the school considers the claimant to be a full-time
student based on the school’s standards and practices for day students. See POMS RS 00205.300B.
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POMS RS 00205.295 sets forth agency policy with respect to online schools. It defines an online school
as “one that offers Internet-based courses to students.” POMS RS 00205.295A. A child attending an online school may be a full-time student if: (1) the student
meets the standards for full-time attendance as defined in RS 00205.300, and (2) the online school operates in accordance with the law of the state in which
the online school is located. See POMS RS 00205.295B.
IUHS Qualifies as an Educational Institution
As noted above, to be considered an EI, a school must provide elementary or secondary
school education as determined under the law of the state or other jurisdiction in
which it is located. See Section 202(d)(7)(C)(i) of the Act; 20 C.F.R. § 404.367(a); POMS RS 00205.200A. IUHS is based in Bloomington, Indiana. To determine whether IUHS qualifies as an
EI, we must examine Indiana law.
IUHS is not a public school and therefore there is no presumption that it is an EI.
See POMS RS 00205.250B. Several factors support the classification that IUHS is not a public school. IUHS
is not accredited by the IDOE and is not included on the IDOE’s list of public schools
for the 2015-2016 school year. Additionally, IUHS does not provide a free education.
IUHS charges $157.35 in base tuition per course and other various fees. Further, IUHS
itself does not receive any funding from the state and relies on tuition revenue to
remain in operation. Thus, IUHS is not a public school and does not have a presumption
for an EI.
However, a non-public school may still be considered an EI by the Agency in determining
benefits. As the Regional Chief Counsel has previously found, it is legally supportable
to conclude that, for SSA purposes, an EI need not be affirmatively accredited or
affirmed by the State, and that if a non-public school meets all of the requirements
of the State’s compulsory education law, the school can be found to provide an education
that is recognized under State law. See, e.g., POMS PR 07905.017 Indiana, PR 12-002: Indiana – Determination As To Whether Tabernacle Christian School
Is An Educational Institution (EI), October 5, 2011.
Indiana’s compulsory school attendance law is found at Indiana Code § 20-33-1 et seq. Several sections of this law are relevant for our analysis. First, Indiana Code §
20-33-2-4 requires all non-public schools to teach in English. Second, Indiana Code
§ 20-33-2-5 requires all non-public schools to be in session for at least the number
of days public schools are in session. Third, Indiana Code § 20-33-2-20 requires non-public
schools to maintain an “accurate daily record” of each student’s attendance. Finally,
Indiana Code § 20-33-2-28 provides that a child who does not attend a public school
must be provided with “instruction equivalent to that given in public schools.” Thus,
IUHS may be considered an EI if it offers courses in English, provides at least as
many instructional days as public schools, maintains attendance records, and provides
instruction equivalent to that given in public schools.
First, Indiana Code § 20-33-2-4 is satisfied because IUHS offers classes and teaching
materials in English.
Next, the requirement that IUHS be in session for at least the number of days public
schools are in session appears to be satisfied. Indiana Code § 20-30-2-3 states that
a school shall conduct at least 180 student instructional days. The nature of online
schools allows students to access courses and materials at any time; the school does
not need to open its doors to grant students access to instruction. This flexible
nature of online schooling allows students to make any day an instructional day and
the school may be in session every day of the year in the sense that each day some
students may log on and use the materials. Thus, it is legally supportable for SSA
to conclude that IUHS provides at least as many instructional days to students as
public schools because of the online forum.
Next, it appears that IUHS satisfies the attendance records requirement by tracking
the time students are logged in to the system. J~ Director of Student Services at
IUHS, informed the Agency that IUHS’s online system allows the school to track when
students log in and out of the system to access learning materials. Indiana Code §
20-33-2-20 does not specify any method of recordkeeping. We believe that IUHS can
determine attendance in this manner and produce these records upon request and therefore
satisfies this requirement.
Finally, we believe that IUHS provides instruction equivalent to that given in public
schools:
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IUHS maintains a program that is directed towards a diploma, and allows students to
pursue one of three different diplomas. Each diploma has its own specific standards,
but a student must accumulate at least 40 credits for any diploma. One credit at IUHS
covers the same amount of material as a semester long course in an Indiana public
school. Thus, to earn a diploma with 40 credits, a student must be enrolled in five
courses a semester for four years, the typical amount of time to graduate from a public
high school.
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IUHS employs qualified teachers. As of a 2014 report, IUHS maintained a staff of 29
teachers. 28 of these teachers were licensed in Indiana; the remaining teacher was
licensed in Florida. Many of these teachers also work at Indiana public schools in
addition to part time work with IUHS.
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IUHS is accredited by NCA CASI, which guarantees to independently review high standards
of education.
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IUHS has an impressive course catalogue from which students select classes. IUHS requires
some basic courses for degrees, but allows for a number of electives as well. The
nearly 80 high school level courses and six AP level courses combine for a robust
course catalogue which likely equate to or surpass the curriculum provided at most
public schools. Exams are not required for each class; however, when exams are given
IUHS maintains strict procedures for proctoring exams to foster academic integrity.
IUHS does not administer state standardized testing, but it is under no obligation
to do so as a non-public school.
Thus, in our opinion, the foregoing facts establish that IUHS provides education recognized
under Indiana’s compulsory attendance law. Accordingly, it is legally supportable
for SSA to recognize IUHS as an EI.
Claimant Satisfied FTA Requirements
In addition to attending a qualifying EI, a student must meet both state and federal
standards for full-time attendance. POMS RS 00205.300A. Federal regulations provide that a student attends full-time if her scheduled attendance
is at least 20 hours per week in at least a 13-week course, barring certain exceptions.
20 C.F.R. §404.367(b), (c); see also POMS RS 00205.300C. On the SSA-1372-BK, Claimant stated that she was scheduled to attend IUHS for 30-40
hours per week during the relevant period. B~, Recorder at IUHS, certified that Claimant’s
statements were correct, and that the school’s course of study was at least 13 weeks
in duration.
State attendance requirements are met if a student is considered full-time based on
the school’s standards and practices. POMS RS 00205.300B. B~ explained that IUHS does not have a formal “full time” classification system.
IUHS only distinguishes between students on a diploma track and those who are not
on a diploma track. While there is no formal or written requirement, B~ stated that
a five-course load roughly equates to a full time enrollment by traditional standards.
B~ also certified Claimant’s statements that she was in “full-time attendance” and
attended school for 30-40 hours per week. A Report of Contact echoed B~’s statements.
According to the Report, J~, Director of Student Services at IUHS, stated that a student
enrolled in five classes per semester would be considered full time. Claimant was
enrolled in five classes as of August 2015. Thus, we believe that Claimant satisfied
FTA requirements under both federal and state standards.
CONCLUSION
For the reasons discussed above, we find that IUHS qualifies as an EI. Additionally,
we find that Claimant satisfied both the federal and state attendance requirements
for FTA. Therefore, we conclude that it is legally supportable to find that Claimant
was eligible to receive CIB as a student during the relevant time period.
Kathryn Caldwell
Regional Chief Counsel
Region V, Chicago
By: Michael A. Gregory
Assistant Regional Counsel