We believe that the agency could reasonably conclude that New Mexico Connections Academy,
an online public charter school for grades 4-12 that complies with New Mexico law,
qualifies as an educational institution for SSA student benefit purposes. We also
believe that the agency could reasonably find that C3 meets the full-time attendance
requirements for SSA student benefit purposes.
[1]Seehttps://www.connectionsacademy.com/about (last visited April 30, 2020); https://www.connectionsacademy.com/schools-near-me/new-mexico-public-schools (last visited April 30, 2020).
[2]See https://www.connectionsacademy.com/new-mexico-online-school (last visited Apr. 23, 2020); https://www.connectionsacademy.com/Portals/27/ca-schools/nmca/documents/pdfs/1920_NMCA_SchoolProfile.pdf (last visited Apr. 23, 2020).
[3]Seehttps://www.connectionsacademy.com/new-mexico-online-school (last visited Apr. 23, 2020).
[4]See https://www.connectionsacademy.com/new-mexico-online-school/learn-more/faqs#1; https://www.connectionsacademy.com/Portals/27/ca-schools/nmca/documents/pdfs/1920_ (last visited Apr. 23, 2020).
[5]See Transcript of Proceedings before the New Mexico PEC on October 11, 2019, available
at https://webnew.ped.state.nm.us/wp-content/uploads/2019/11/PEC-Open-Public-Comment-Meeting-101119-Transcript.pdf, at 148-51 (last visited Apr. 23, 2020).
[6] C3 wrote two dates on the Form, “9/XX/19” and “9/XX/19.” It appears that “9/XX/19”
is the corrected date as V~ certified the information on September XX, 2019.
[7] C3 also indicated that she attended school for less than 13 weeks during the prior
school year, from August XX, 2018, through October XX, 2018.
[8] Student benefits end with the last month the claimant is a full-time student or,
if earlier, the month the claimant turns 19. 20 C.F.R. § 404.352(b)(3). “If you become
age 19 in a month in which you have not completed the requirements for, or received,
a diploma or equivalent certificate from an elementary or secondary school and you
are required to enroll for each quarter or semester, we will find your entitlement
ended with the month in which the quarter or semester in which you are enrolled ends.
If the school you are attending does not have a quarter or semester system which requires
reenrollment, we will find your entitlement to benefits ended with the month you complete
the course or, if earlier, the first day of the third month following the month in
which you become 19 years old.” Id.; see also
POMS RS 00205.325 (when student benefits terminate).
[9] The Act and regulations refer to attendance in an “elementary or secondary school”
and the POMS uses the specific term “educational institution” to mean “a school that
provides elementary or secondary education (grade 12 or below).” See POMS RS 00205.200. These terms have the same meaning. We will refer to the term educational institution.
[10] SSA’s POMS define an online school as “one that offers Internet-based courses to
students.” POMS RS 00205.295(A).
[11] The Academy’s office is located in Santa Fe, New Mexico. See https://www.connectionsacademy.com/new-mexico-online-school/about/contact-us (last visited April 30, 2020). POMS RS 00205.295 instructs that an online school can qualify as an educational institution as long
as it meets the State law criteria for any State in which it has a physical or legal
presence. POMS RS 00205.295(A). The Academy has both a physical and legal presence in New Mexico.
[12] There are only two chartering authorities under the New Mexico Charter Schools Act.
A “chartering authority” is either a local school board or the New Mexico PEC. See N.M. Stat. Ann. § 22-8B-2(B), (C). Consequently, there are only two types of charter
schools in New Mexico. See id. at § 22-8B-2(A) (a “charter school” is a conversion school or a start-up school authorized
by a chartering authority to operate as a public school). A “locally-chartered charter
school” is a charter school that a local school board chartered, and a “state-chartered
charter school” is a charter school that the PEC chartered. See id. at §§ 22-8B-5; 22-8B-9; 22-8B-16.