Questions Presented
Whether an 18-year enrolled in an independent study program in Alaska can qualify
for student benefits under Title II of the Social Security Act? What evidence is required
to establish eligibility for students in such a program?
Answers
We recommend that you find that the student does not satisfy the eligibility requirements
for student benefits. The student is enrolled in a correspondence course, which is
specifically excluded by the regulations. The regulations and the Program Operations
Manual (POMS) do not specify what type of evidence is required to establish eligibility
for such programs and each case is fact specific.
Factual Background
The following information was provided with the request for a legal opinion:
The number holder, S.L., filed for and was awarded disability benefits beginning September
2001. He filed for child’s benefits for his daughter (Ms. L.), who was entitled from
September 2001 through June 2008. Her benefits terminated July 2008, the month she
turned age 18…. Ms. L. has been enrolled since February 2008, in a guided independent
study program coordinated through the Fairbanks North Star Borough School District.
The following attachments were provided with your request: 1) Page 2 of Student’s
Statement Regarding School Attendance (Form SSA-1372-BK) signed by Ms. L. and a secretary
at her school; 2) a School District Student Four-Year Plan, Graduation Requirement
Checklist; 3) a 2007-2008 GIS Student Enrollment Form; 4) a letter dated May 1, 2008,
from the registrar at the Fairbanks North Star Borough School District GIS; and 5)
a letter dated May 2, 2008, from the Director of Student Support Services at the Fairbanks
North Star Borough School District GIS.
Additionally, the following information was provided: the school reported that the
GIS program had changed to Building Educational Success Together (BEST), which offers
online classes or home schooling. Ms. L. was not scheduled for any particular hours,
that she set her own hours of study, and that she studied 3 hours a day, 7 days a
week. Ms. L. was considered full time by the school based on the number of courses
she was taking, not the number of hours of attendance. Ms. L. took classes all year
long beginning August 15, 2007, through August 14, 2008, and was currently enrolled
from August 15, 2008, through August 14, 2009. Ms. L. is a junior in high school.
The school provided the Fairbanks BEST Online Learning Handbook 2008-09, and the Program
Compact of Shared Responsibilities.
With regard to both GIS and BEST programs, the school reported that the goal is a
high school diploma and that each student’s enrollment form, listing his or her current
classes, is the student’s individual learning plan. BEST’s requirement for full time
attendance is 10 courses per year, 5 in each semester. Prior to the change to BEST,
the expectation for GIS students was to complete one lesson every 20 school days.
The school emphasized that this is an accredited online correspondence school as advertised
on the school’s website at www.fairbanksbest.com. The website’s opening page has “Fairbanks
Correspondence” on a banner across the top of the page. The website states that BEST’s
online learning program is a fully accredited program that provides online courses
for students within the Fairbanks North Star Borough School District with the goal
of receiving a nationally and regionally recognized high school diploma.
Discussion
A. Social Security Program Requirements.
In order to be eligible to receive child’s insurance benefits, an individual who is
18 years of age but has not attained age 19 must be a full-time elementary or secondary
school student at an educational institution. See 42 U.S.C. § 402(d)(1)(B). A full-time elementary or secondary school student includes
being instructed in elementary or secondary education in an independent study program
that is administered by the local school or school district in accordance with the
law of the State or other jurisdiction in which the student resides. 20 C.F.R. § 404.367(a)(2).
“Independent study” requires, among other things, periodic teacher contact, direction,
and testing on campus. POMS RS 00205.285(A).
A student is considered in full-time attendance (FTA) if she is in “a day or evening
noncorrespondence course of at least 13 weeks duration” and is carrying a subject
load which is considered full-time for day students under the institution’s standards
and practices. 20 C.F.R. § 404.367(b). “A correspondence school is a school that teaches
by mailing lessons and exercises to the student. Upon completion, the student returns
the exercises to the school for grading.” POMS RS 00205.330(A). Student benefits are payable if the student is in FTA based on Federal standards
and in a school that provides elementary or secondary education as determined under
state law. POMS RS 00205.285.
B. State of Alaska Requirements.
The State of Alaska has authorized elementary and secondary correspondence study programs
in both statutory laws and administrative rules. Alaska Stat. §§ 14.07.020, 14.07.030(8),
14.17.430; Alaska Admin. Code tit. 4, §§ 33.405-33.490 (2008); see also Alaska Department of Education at http://www.eed.state.ak.us/Alaskan_Schools/corres/. The specific requirements for correspondence study programs are set out in the administrative
rules at title 4, section 33.421, available at http://www.legis.state.ak.us/cgi-bin/folioisa.dll/aac/query=[jump!3A!27title4chap33!2C+a!2E+4!27]/doc/{@15504}?
C. Analysis.
1. The first requirement of POMS RS 00205.285(B) - FTA.
A student in an independent study program can qualify for benefits if the student
meets the Federal standards for FTA set out in POMS RS 00205.300(C). POMS RS 00205.85(B). To meet Federal standards for FTA, the student must be:
* Scheduled for attendance at the rate of at least 20 hours per week….;
* Enrolled in a course that is not a correspondence course….; and
* Enrolled in a course of study that is of at least 13 weeks’ duration (internal citation
omitted).
POMS RS 00205.300(C).
a. 20-hour per week requirement Ms.
L. reported that she set her own hours and studies 3 hours a day, 7 days a week. Further,
Ms. L. was considered to be a full time student by the school based on the number
of courses she was taking, not the number of hours of attendance.
If attendance is less than 20 hours per week, FTA may be justified if the school’s
standards do not require at least 20 hours of weekly scheduled attendance and attending that school is the student’s only reasonable alternative; or if the student’s
medical condition precludes 20 hours of attendance. POMS RS 00205.310(A) (emphasis added). There is no evidence that attending GIS and/or BEST are Ms. L.’s “only reasonable
alternative[s]” or that she has a medical condition which precludes 20 hours of attendance.
Furthermore, we have no information about the number of hours she spent studying in
the 2007-2008 school term. Ms. L. left the number of hours blank on her Form SSA-1372-BK.
Her enrollment form states that “full time students in the GIS program must submit
at least one lesson every 20 school days in each course.” The form does not state
the required number of hours for study or attendance. Because neither the GIS nor
the BEST programs require attendance at the rate of at least 20 hours per week, and
Ms. L. does not meet the exceptions for less than 20 hours, the first criteria of
the Federal standards for FTA has not been met.
b. Course may not be a correspondence course
The school emphasized that this is an accredited online correspondence school. The
school’s website at www.fairbanksbest.com has “Fairbanks Correspondence” on a banner
across the top of the page. The website states that BEST’s courses are 100% online.
We have no evidence that Ms. L.’s online courses are interactive or in a virtual classroom
setting. The evidence submitted shows that she is enrolled in correspondence courses.
A student is not in FTA based on correspondence school courses even if the correspondence
school meets the definition of an EI, unless the student is unable to attend regular
classes for a portion of the school year due to circumstances beyond her control.
POMS RS 00205.330(B). The student may be in FTA for that portion she was unable to attend regular classes
if she enrolls in correspondence courses covering subjects acceptable to her regular
school; is expected to return to regular school; is granted full credit from her regular
school for the courses; and is taking sufficient credits to be considered full time.
Id. We have no evidence that Ms. L. is unable to attend regular classes for a portion
of the school year due to circumstances beyond her control. The evidence shows she
attends no regular classes at any time during the year and no evidence has been presented
to show that she is expected to return to regular school. Because the GIS and the
BEST programs meet the definition of a correspondence course, and because none of
the exceptions apply, these programs do not meet the second criteria of the Federal
standards for FTA.
c. 13-week durational requirement
Ms. L. indicated on Form SSA-1372-BK that the school year was “year round.” She clarified
that she takes classes all year, but her dates of attendance began on August 15, 2007,
and ended on August 14, 2008, and that the current school term began August 15, 2008,
and ends August 14, 2009. The school official certified that the school’s course of
study is at least 13 weeks in duration. See POMS RS 00205.300(C). Because the GIS and BEST programs meet the 13-week durational requirement, the
programs meet the third criteria of the Federal standards for FTA.
The information supplied is silent on whether the school district’s and/or the state’s
full-time attendance requirements meet the Federal requirements for FTA. Although
Ms. L. appears to meet the school district’s full-time attendance requirements, her
attendance does not meet either the first or second criteria of the Federal standards
for FTA.
Summary
A student can qualify for benefits only if she meets both Federal requirements for
independent study. She must be in FTA based on Federal standards and the school must
provide elementary or secondary education as determined under State law. POMS RS 00205.285(B). Ms. L. does not meet the first requirement of FTA based on Federal standards.
Thus, she cannot qualify even if she met the second requirement alone.
Conclusion
We recommend that you find Ms. L.’s independent study programs, GIS and BEST, do not
satisfy the requirements for eligibility for student benefits.