QUESTION
You asked whether North Carolina Connections Academy (Connections), an entity located
in North Carolina, is an educational institution for determining if A~ (Claimant),
a North Carolina resident, is eligible for child’s insurance benefits (CIB) as a full-time
elementary or secondary school student. You also asked whether Claimant is in full-time
attendance based on his instruction through Connections for determining his eligibility
for CIB as a full-time elementary school or secondary school student.[6]
OPINION
Connections operates as an online charter school in compliance with North Carolina
law and, therefore, Connections is an educational institution for determining Claimant’s
eligibility for CIB as a full-time elementary or secondary school student. Claimant
also meets state and Federal standards for full-time attendance for determining his
eligibility for CIB as a full-time elementary or secondary school student.
BACKGROUND
Claimant has filed a claim for reinstatement of CIB on the earnings record of S~,
the number holder since reaching age eighteen. Claimant completed a Student Statement
Regarding School Attendance form, Form SSA-1372-BK, in which he indicated he lives
in C~, North Carolina, and attends Connections twenty to thirty hours per week. Claimant
has attended Connections since January 19, 2018. Claimant indicated that Connections
is an online public high school and that he had previously attended a different school.
Claimant reported that he expected to graduate in May 2021, he was not married or
disabled, he did not expect to earn more than $16,921.00 in 2017, and he was not being
paid to attend school.
The manager of counseling at Connections, K~, completed and signed the Certification
by School Official page of Form SSA-1372-BK and confirmed that the information Claimant
provided was correct and indicated that Connections had a course of study of at least
thirteen weeks and the school operated on a quarterly/semester basis with no reenrollment
required. Claimant submitted a course list and his current grades in each course.
He also included an attendance report for eight days in late January and early February
2018, showing he generally attended class five or six hours each day.
The North Carolina Department of Public Instruction lists Connections as a public,
virtual charter school. See Pub. Schs. of N.C., Educ. Directory & Demographical Info. Exchange, http://apps.schools.nc.gov/ords/f?p=125:1100 (last visited Apr. 16, 2018). North Carolina considers authorized charter schools to be public schools. See Pub. Schs. of N.C., Off. of Charter Schs., http://www.dpi.state.nc.us/charterschools/ (last visited Apr. 16, 2018).
Connections’ website explains it is a virtual public school for students in grades
K-12 and is accredited by AdvancED. See N.C. Connections Acad., Our School, https://www.connectionsacademy.com/north-carolina-virtual-school/about (last visited Apr. 16, 2018).
Connections’ website further states that the North Carolina State Board of Education
unanimously approved Connections as a virtual charter school in February 2015. See
id.
DISCUSSION
To be eligible for CIB on the earnings record of an individual who is entitled to
old-age or disability insurance benefits or who dies fully or currently insured, a
claimant who is eighteen years or older and not disabled must be a “full-time elementary
or secondary school student.” Social Security Act (Act) § 202(d)(1)(B)(i); see 20 C.F.R. §§ 404.350(a)(5), 404.367 (2018);[7] Program Operations Manual System (POMS) RS 00205.001.A. A claimant may qualify as a “full-time elementary or secondary school student,”
if he attends an educational institution, i.e., a school that provides elementary
or secondary education (twelfth grade or below) according to the law of the state
or jurisdiction where the school is located. See Act § 202(d)(7)(A), (d)(7)(C); 20 C.F.R. § 404.367(a), (e); POMS RS 00205.001.A; POMS RS 00205.200.A. Unless there is evidence to the contrary, the agency assumes public high schools
located in the United States are educational institutions. See POMS RS 00205.250.B.1.
A claimant also must attend school full time to qualify as a “full-time elementary
or secondary school student.” See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.001.A; POMS RS 00205.300.A. A claimant is in full-time attendance if he or she is attending an educational
institution and meets both state and Federal standards for full-time attendance. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(a)- (c); POMS RS 00205.300.A. Similarly, a claimant attending an on-line school is in full-time attendance if
he or she is attending an on-line school consistent with the law of the state in which
the on-line school is located (i.e., an educational institution), and meets both state
and Federal standards for full-time attendance. See POMS RS 00205.295.B; POMS RS 00205.300.A. A claimant meets the state standards if a qualifying educational institution considers
the beneficiary to be a full-time student based on the institution’s standards and
practices. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b); POMS RS 00205.300.B.; POMS RS 00205.350.C.1. A claimant meets the Federal standards if he or she is scheduled to attend school
at the rate of twenty hours per week, enrolled in a noncorrespondence course, and
enrolled in a course of study that is at least thirteen weeks. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300.C.
Educational Institution under North Carolina Law
Because Connections is located in North Carolina, we look to North Carolina law to
determine whether Connections is a school that provides elementary or secondary education.
See Act § 202(d)(7)(C)(i); 20 C.F.R. § 404.367(a); POMS RS 00205.200.A. North Carolina established charter schools to provide opportunities for teachers,
parents, and students to establish and maintain schools that operate independently
of existing schools. See N.C. Gen. Stat. Ann. § 115C-218(a) (West 2018). North Carolina code further clarifies
that “[a] charter school that is approved by the State shall be a public school within
the local school administrative unit in which it is located. All charter schools shall
be accountable to the State Board for ensuring compliance with applicable laws and
the provisions of their charters.” N.C. Gen. Stat. Ann. § 115C-218.15(a) (West 2018).
Thus, charter schools that are approved by the State are public schools. See id,; Pub. Schs. of N.C., Off. of Charter Schs., http://www.dpi.state.nc.us/charterschools/ (last visited Apr. 16, 2018). The North Carolina Department of Public Instruction
lists Connections as a public, virtual charter school. See Pub. Schs. of N.C., Educ. Directory & Demographical Info. Exchange:
http://apps.schools.nc.gov/ords/f?p=125:1100 (last visited Apr. 16, 2018)
Unless there is evidence to the contrary, the agency assumes public high schools located
in the United States are educational institutions. See POMS RS 00205.250.B.1. Because North Carolina considers Connections to be a public high school, and
there is no evidence to the contrary, Connections is an educational institution.
Full-Time Attendance
The evidence also shows that Claimant’s study through Connections satisfied the requirements
for full-time attendance. Claimant met the state standards for full-time attendance
because K~, the manager of counseling for Connections, confirmed Claimant’s statement
that he was in full-time attendance at Connections. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b); POMS RS 00205.300.B; POMS RS 00205.350.C.1. Claimant met the Federal standards for full-time attendance because he stated,
and K~ confirmed, that he was scheduled to attend Connections for twenty to thirty
hours per week; K~ indicated that Connections’ course of study was at least thirteen
weeks in duration; and nothing in the information available indicates that Claimant
takes correspondence courses. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300.C. Thus, the information provided indicates Claimant meets the state and Federal
full-time attendance standards.
CONCLUSION
Connections is an educational institution under North Carolina law and Claimant is
in full-time attendance based on his instruction through Connections for determining
his eligibility for CIB as a full-time elementary or secondary school student.