INTRODUCTION
You asked whether Kristen M. M~, who attends Ohio Connections Academy (OCA), an online
school headquartered in Worthington, Ohio, can be considered a full-time secondary
school student. We believe OCA, which is an approved public online school in Ohio,
is an educational institution (EI) for SSA purposes. We conclude that you could find
that Ms. M~ is a full-time secondary school student as defined under section 202(d)(7)
of the Social Security Act.
DISCUSSION
Applicable Social Security Law
Section 202(d)(1) of the Social Security Act provides that, under certain circumstances,
a child of an individual entitled to old-age or disability insurance benefits, or
of an individual who dies a fully or currently insured individual, shall be entitled
to child’s insurance benefits (CIB). One of the requirements for CIB eligibility
for a non-disabled child is that the child must be unmarried and either under the
age of 18 or a full-time elementary or secondary school student and under the age
of 19. 42 U.S.C. § 402(d)(1)(B). For a child who was never under a disability, CIB
benefits terminate when the child turns 18 years old if he or she is not a full-time
elementary or secondary school student; and benefits terminate at age 19 regardless
of the child’s educational status. 42 U.S.C. § 402(d)(1)(F).
Section 202(d)(7)(A) of the Social Security Act defines “full-time elementary or secondary
school student” as an individual who is in full-time attendance as a student at an
elementary or secondary school as determined in accordance with regulations prescribed
by the Commissioner. 42 U.S.C. § 402(d)(7)(A). The Social Security Act states at
section 202(d)(7)(C)(i) that an “elementary or secondary school” is 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. 42 U.S.C. § 402(d)(7)(C)(i).
The POMS explains at RS 00205.200(A) that an educational institution is a school that provides elementary or secondary
education as determined under the law of the State or other jurisdiction in which
it is located. POMS RS 00205.250(B)(1) states that it should be assumed public high schools in the United States are
educational institutions, unless there is evidence to the contrary.
POMS RS 00205.295 provides policy about determining whether online schools are educational institutions
for SSA purposes. The POMS defines an online school as “one that offers Internet-based
courses to students.” POMS RS 00205.295(A). The POMS recognizes that online schools vary considerably in the methods used
to provide education to students. According to the POMS, “[s]ome features of online
schools may include virtual classrooms; an interactive curriculum; email, telephone,
and fax access to teachers; either online or in-person completion of tests; required
time spent online that the school monitors; and individualized instruction.” POMS
RS 00205.295(A).
A child attending an online school may be a full-time student if the student meets
the standards for full-time attendance as defined in RS 00205.300(C) and the online school is consistent with the law of the state in which the online
school is located. POMS RS 00205.295(B).
Ohio Law on Online Schools
Ohio recognizes public online schools as educational institutions. According to the
most recently passed definitions, an Internet- or computer-based community school
is an institution:
in which the enrolled students work primarily from their residences on assignments
in nonclassroom-based learning opportunities provided via an internet- or other computer-based
instructional method that does not rely on regular classroom instruction or via comprehensive
instructional methods that include internet-based, other computer-based, and noncomputer-based
learning opportunities.
Ohio Revised Code § 3314.02(A)(7).
Ohio approved the establishment of public “Internet- or computer-based community schools”
on a limited and experimental basis from 2000 through 2005. See R.C. § 3314.013 (2005 H 66, § 206.10.10). After 2005, however, the state no longer limited the number
of eSchools that it will approve.
Internet- and computer-based community schools must comply with the requirements for
all community schools, but they also have their own specific programming requirements.
For example, internet- and computer-based community schools “shall offer not less
than nine hundred twenty hours of learning opportunities during the school year.” .
Moreover, students enrolled at these schools cannot participate in more than ten hours
of learning opportunities in any 24 hour period. Additionally, an eSchool will not
get state funding for a student unless the hardware and software on a computer supplied
by the school are operational so that the student can fully participate in the learning
opportunities specified in the school's contract with its sponsor. (N).R.C. § 3314.27.
Internet- and computer-based community schools must comply with the requirements for
all community schools, but they also have their own specific programming requirements. For
example, internet- and computer-based community schools “shall offer not less than
nine hundred twenty hours of learning opportunities during the school year.” R.C. § 3314.27 . Moreover, students enrolled at these schools cannot participate in more than ten
hours of learning opportunities in any 24 hour period.Id. Additionally, an eSchool will not get state funding for a student unless the hardware
and software on a computer supplied by the school are operational so that the student
can fully participate in the learning opportunities specified in the school's contract
with its sponsor. R.C. § 3314.08(N).R.C. § 3314.27
Ohio Connections Academy See http://www.connectionsacademy.com/ohio-school/home.aspx
Both the materials you have provided and the school’s website show that Ohio Connections
Academy is a tuition-free, K–12 public eSchool that students attend online. The school
is authorized under state law by the Ohio Council of Community Schools, and it receives
state funding. We can reasonably infer it was created in accordance with Ohio law.
The POMS provide that, absent evidence to the contrary, it should be assumed that
public high schools in the United States are educational institutions. POMS RS 00205.250(B)(1). Thus, we conclude that Ohio Connections Academy is an educational institution.
Full Time Attendance
The regulations explain at 20 C.F.R. § 404.367(a) that a person is a “full-time elementary
or secondary school student” if he or she attends a school that provides elementary
or secondary education, respectively, as determined under the law of the State or
other jurisdiction in which it is located. In addition, in order to be considered
a “full-time elementary or secondary school student,” the student must be in full-time
attendance in a day or evening noncorrespondance course of at least 13 weeks duration
and carry 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). The regulations provide
at 20 C.F.R. § 404.367(c) that a student is in full-time attendance if his or her
scheduled attendance is at least 20 hours per week, unless certain exceptions apply. See also POMS RS 00205.300 (“What is Full-Time Attendance”).
Based on the information you provided, Ms. M~ appears to meet the Federal standards
for full time attendance. OCA is headquartered in Worthington, Ohio, though Ms. M~
is associated with the Cincinnati location. See Form SSA-1372-BK; Form SSA-5002. Ms. M~ completed a statement regarding school attendance
in which she states that she is a full time student and, additionally, that she is
scheduled to attend school 28 hours a week. See Form SSA-1372-BK. On this form, she also indicated the school year spanned from August
23, 2010 to May 20, 2011, which is a total of 39 weeks. Even assuming holidays and
breaks during fall, winter holidays, and spring, this would indicate that there are
more than 13 weeks in each semester. Moreover, Ohio law requires that eSchools “shall
offer not less than nine hundred twenty hours of learning opportunities during the
school year.” R.C. § 3314.27. This would be equivalent to over 32 weeks of school at 28 hours per week. Put another
way, this law would require well over 20 hours a week of attendance to fit into the
39-week school year
A school official also certified Ms. M~’s statement regarding school attendance and
indicated that the school’s course of study is at least 13 weeks in duration. See Form SSA-1372-BK. The school verified that students are required to attend 5.5 hours
per day, or 28 hours per week. See Form SSA-5002. Based on the materials you have provided, you could find that Ms.
M~ has satisfied the Federal requirements for full time attendance.
Because Ohio Connections Academy receives state funding, we can reasonably presume
the school was created and operates in accordance with the Ohio school code. Moreover,
the POMS provides that we should “[c]onsider the State requirements met if the school
considers the student to be full-time based on the school’s standards and practices
for day students.” POMS RS 00205.300(B). As noted above, according to the school, the required attendance for students
is 28 hours a week and the semester is at least 13 weeks in duration. Moreover, Ms.
M~ stated that she is scheduled to attend OCA 28 hours a week. Finally, the state
of Ohio requires instruction for 920 hours per year, which well surpasses these requirements. R.C. § 3314.27 For these reasons, we conclude that you could find that Ms. M~ has satisfied the State
and federal requirements for full time attendance.
CONCLUSION
We conclude that Ohio Connections Academy, which is a public online school in Ohio,
is an educational institution. Ms. M~ also appears to satisfy the full-time attendance
requirement. We therefore conclude that you could find that Ms. M~ is a full-time
secondary school student as defined under section 202(d)(7) of the Social Security
Act.
Donna L. C~
Regional Chief Counsel Region V
By_________
Adam R. S~
Assistant Regional Counsel