QUESTION
You asked whether New Learning Resource Online (NLRO), an entity located in Mississippi,
is an educational institution for determining if the claimant is eligible for child’s
insurance benefits (CIB) as a full-time elementary or secondary school student. You
also asked if the claimant is in full-time attendance based on her studies through
NLRO.
OPINION
NLRO is an educational institution offering secondary education under Mississippi
law. The claimant, however, is not in full-time attendance. Therefore, the claimant
is not a full-time elementary or secondary school student for determining her eligibility
for CIB.
BACKGROUND
According to the information provided, S~ (Claimant) was receiving CIB on the earnings
record of K~, the number holder, who is entitled to disability insurance benefits.
Claimant’s entitlement to CIB terminated in August 2017, when she reached age eighteen.
On July XX, 2017, Claimant completed a Student’s Statement Regarding School Attendance
form (Form SSA-1372), providing a V~, Mississippi address. Claimant did not indicate
whether she was in full-time attendance, but she indicated that she began attending
NLRO on February 9, 2017, and expected to graduate on October 5, 2017. Claimant described
NLRO as a “digital school” with a post office box in Jackson, Mississippi. Claimant
reported that she was scheduled to attend NLRO for twenty hours per week. Claimant
also reported that she was not disabled, married, or receiving payment from an employer
to attend school.
M~ completed and signed the Certification of School Official page of Form SSA-1372
on July 18, 2017, and indicated that the information Claimant provided was correct.
M~ indicated that the course of study was at least thirteen weeks in duration and
that the school operated on a yearly basis. However, M~ also completed and signed
the Notice of Cessation of Full-Time Attendance page of Form SSA-1372 in which he
indicated that Claimant had ceased to be a full-time student as of February 9, 2017,
when Claimant moved to the “digital school.”
M~ identified himself as “Director” on the Form SSA-1372 pages, but it is unclear
that he has any association with NLRO. Claimant submitted a letter from M~ dated July
17, 2017, on letterhead for Southern Dreams, located in Port Gibson, Mississippi.
M~ stated that Claimant “is enrolled with Southern Dreams Mentoring / Prevention Services”
and “is receiving educational service from [NLRO] School.” M~ stated that he serves
as the CEO of Southern Dreams and that Southern Dreams had three components, Life
Guard Career Graduation Program, Mentoring Program, and Southern Dreams/Prep for Success
Development Program.
Southern Dreams’ website indicates that Southern Dreams is located in Port Gibson,
Mississippi, and lists M~ as a member of its administrative staff. See Southern Dreams, About, http://southerndreams14.wixsite.com/wewbsite/about (last visited Sept. 8, 2017). The website describes Southern Dreams as “an at-risk
advocacy and community-based program that focuses on the well being of juveniles and
their families” that provides “educational services, skills building, behavior modification,
technical skills and counseling by a licensed psychiatrist.” Id. Southern Dreams’ website also describes the programs that M~ mentioned in his letter.
See Southern Dreams, Services, http://southerndreams14.wixsite.com/wewbsite/services (last visited Sept. 8, 2017).
NLRO’s website indicates that NLRO’s main office is located in Jackson, Mississippi.
See NLRO, Contact Us, http://nlro.org (last visited Sept. 8, 2017).[1] NLRO’s website states that NLRO is “a state, regionally, and nationally accredited
distance learning program with a straight-forward delivery system that anyone can
use.” NLRO, About Us, http://nlro.org (last visited Sept. 8, 2017). The website also states that NLRO “offers a flexible
and hassle-free environment for learners to earn their high school diplomas,” with
“year-round open enrollment so learners can get started whenever they like.” Id. NLRO has no maximum age limit to participate in the program, and “adult learners
and students” can proceed at their own pace. Id. NLRO’s website further states that NLRO offers “[d]istance learning classes led by
state-licensed instructors & subject-area specialists.” Id. The website lists NLRO’s staff as a president, a vice president, a curriculum manager,
and four online coordinators. See NLRO, Message from the President, http://nlro.org/ (last visited Sept. 8, 2017); NLRO, NLRO Staff, http://nlro.org/ (last visited Sept. 8, 2017). M~ is not listed among NLRO’s staff.
NLRO’s website states that NLRO “is the distance learning division of New Learning
Resources School District, which is recognized for its exemplary accreditation status.”
NLRO, Accreditation, http://nlro.org/ (last visited Sept. 8, 2017). NLRO’s website indicates that New Learning Resources
School District is accredited by AdvancED: the Southern Association of Colleges and
School Council on Accreditation and School Improvement (SACS CASI), the Mississippi
Department of Education (MDE), and the Distance Education Accrediting Commission (DEAC).
See id.; see also AdvancED, Institutional Summary, http://www.advanc-ed.org/oasis2/u/par/accreditation/summary?institutionId=2951 (listing New Learning Resources, Inc.) (last visited Sept. 8, 2017); MDE, List of
Nonpublic Schools Accredited by the State Board of Education, http://www.mde.k12.ms.us/docs/accreditation-library/list-of-nonpublic-schools-accredited-by-the-state-board-of-education-oct-2014.pdf?sfvrsn=2 (listing New Learning Resources, Inc., under “Special Private Schools”) (last visited
Sept. 8, 2017); DEAC, http://www.deac.org/ (click on “Search Institutions” to find NLRO) (last visited Sept. 8, 2017).
In terms of earning a high school diploma, NLRO’s website states that NLRO “offers
young adult learners high school diploma and credit recovery options that may be adapted
to fit their busy schedules. The students can work from anywhere at any time.” NLRO,
High School Students, http://nlro.org/ (last visited Sept. 8, 2017). NLRO “offers two paths to a high school diploma: a
college preparatory track and a career pathway. Both of these rigorous programs offer
courses in the core subject areas along with a select number of elective courses.”
Id. The information directed to high school students also applies to “adult learners.”
NLRO, Adult Learners, http://nlro.org/ (last visited Sept. 8, 2017).
NLRO’s Student Handbook states that NLRO “provides all course study materials, exam
and assignment instructions and layouts within each course.” NLRO, Student Center/Request
a Transcript, http://nlro.org/ (click on Student Handbook, p. 11) (last visited Sept. 8, 2017). NLRO’s website states
that “[a]ll study guides (writing assignments, projects, short answers essays, vocabulary,
multiple choice and true/false questions) must be graded by a NLRO instructor.” NLRO,
Grading Scale, http://nlro.org/ (last visited Sept. 8, 2017); see NLRO, Student Center/Request a Transcript, Student Catalog & Student Handbook, http://nlro.org/ (click on Student Catalog, p. 15, Student Handbook, p. 19) (last visited Sept. 8,
2017). Exams are proctored exams, and anyone wanting to take an exam online must nominate
an appropriate proctor. See Student Handbook, p. 18; Student Catalog, p. 19; NLRO, Proctor and Proctor Facility
Guidelines, http://newlearningresourcesonline.com/?page_id=768 (last visited Sept. 8, 2017).
DISCUSSION
To be eligible for CIB on the earnings record of an individual entitled to disability
insurance benefits, a claimant who is eighteen years of age or older and not disabled
must be a “full-time elementary or secondary school student.” Social Security Act
(Act) § 202(d)(1)(B)(i), (d)(7)(A); see 20 C.F.R. §§ 404.350(a)(5), 404.367 (2017)[2] ; Program Operations Manual System (POMS) RS 00205.001A. A claimant may qualify as a “full-time elementary or secondary school student” if
he or she attends an educational institution, i.e., a school that provides elementary
or secondary education (twelfth grade or below) as determined under the law of the
state in which the school is located. See Act § 202(d)(7)(A), (d)(7)(C); 20 C.F.R.
§ 404.367(a), (e); POMS RS 00205.001A; POMS RS 00205.200A.
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 00205.001A; POMS RS 00205.300A. A claimant attends full time 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 00205.295B; POMS RS 00205.300A. Similarly, a claimant attending an online school may be considered a full-time student
if the online school is consistent with the law of the state in which the online school
is located (i.e., an educational institution), and meets both state and Federal standards
for full-time attendance. See POMS RS 00205.295B; POMS RS 00205.300A. A claimant meets the state standards for full-time attendance if a qualifying educational
institution considers the individual 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 00205.300B; POMS RS 00205.350C.1. A claimant meets the Federal standards if he or she is scheduled to attend school
at the rate of at least twenty hours per week, enrolled in a noncorrespondence course,
and enrolled in a course of study lasting at least thirteen weeks. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300C.
NLRO’s website indicates that NLRO’s main office is located in Jackson, Mississippi.
See NLRO, Contact Us, http://nlro.org (last visited Sept. 8, 2017). Therefore, we look to Mississippi law to determine
whether NLRO is a school that provides elementary or secondary education.
In Mississippi, a parent, guardian, or custodian of a child must cause his or her
child to enroll in and attend a public school or legitimate nonpublic school for the
period that the child is of compulsory school age, except in certain limited circumstances.
See Miss. Code Ann. § 37-13-91(3) (West 2017).[3] Mississippi law defines a “school” as any public or nonpublic school that is in session
for 180 school days, except that the nonpublic school term shall be the number of
days that each school shall require for promotion from grade to grade. See Miss. Code Ann. § 37-13-91(2)(e). A “nonpublic school” is “an institution for the
teaching of children, consisting of a physical plant, whether owned or leased, including
a home, instructional staff members and students, and which is in session each school
year. This definition shall include, but not be limited to, private, church, parochial
and home instruction programs.” Miss. Code Ann. § 37-13-91(2)(i). Mississippi law
broadly restricts the State’s power to regulate nonpublic schools. See Miss. Code Ann. § 37-13-91(9).
The requirement that a nonpublic school have a “physical plant” suggests that Mississippi
would not recognize online providers such as NLRO as nonpublic schools. See Miss. Code Ann. § 37-13-91(2)(i). Mississippi has created the Mississippi Virtual
Public School Program that provides for instruction via the internet in virtual or
remote settings. See Miss. Code Ann. § 37-161-3. Mississippi law also provides that “district of innovation”
may use distance learning and online courses. See Miss. Code Ann. § 37-179-3(2)(i). In addition, Mississippi enacted the “Distance
Learning Collaborative Act of 2016,” which allows for distance learning as a “method
of delivering education and instruction on an individual basis to students who are
not physically present in a traditional setting such as a classroom.” Miss. Code Ann.
§ 37-67-1. Mississippi regulations also provide guidance to public schools regarding
the use of distance learning and online courses through the Mississippi Virtual Public
School, the Mississippi Interactive Video Network, independent study programs, and
other distance learning or online course providers not already approved by the MDE.
See Miss. Admin. Code 7-3:56.1 (West 2017). However, all of these programs involve or
require the involvement of a public school.
Nevertheless, NLRO does have a physical office located in Jackson, Mississippi. See NLRO, Contact Us, http://nlro.org (last visited Sept. 8, 2017). Moreover, NLRO requested and obtained accreditation
from the MDE through the State’s voluntary approval process for nonpublic schools.
See Miss. Code Ann. § 37-17-7; MDE, List of Nonpublic Schools Accredited by the State
Board of Education, http://www.mde.k12.ms.us/docs/accreditation-library/list-of-nonpublic-schools-accredited-by-the-state-board-of-education-oct-2014.pdf?sfvrsn=2 (listing New Learning Resources, Inc., under “Special Private Schools”) (last visited
Sept. 8, 2017). Because the MDE has accredited NLRO, we believe Mississippi has recognized
NLRO as a nonpublic school under Mississippi law. Therefore, NLRO is an educational
institution for determining Claimant’s eligibility for CIB as a full-time secondary
student.
Claimant, however, has not shown that her instruction through NLRO meets both state
and Federal standards for full-time attendance. Claimant did not provide information
showing that NLRO considers her to be a full-time student based on NLRO’s standards
and practices. See 20 C.F.R. § 404.367(b); POMS RS 00205.300B; POMS RS 00205.350C.1. The Social Security Administration (SSA) uses Form SSA-1372 to verify attendance.
See POMS RS 00205.350B. The student completes and signs page two, and then a school official must complete
and sign page three, the Certification by School Official portion of the form. See id. Here, M~, who describes himself as the CEO of Southern Dreams and is listed as a
member of the administrative staff on Southern Dreams’ website, completed and signed
the Certification by School Official page of Form SSA-1372. See Southern Dreams, About, http://southerndreams14.wixsite.com/wewbsite/about (last visited Sept. 6, 2017). M~ is not listed as a school official on NLRO’s website.
See NLRO, Message from the President, http://nlro.org/ (last visited Sept. 8, 2017); NLRO, NLRO Staff, http://nlro.org/ (last visited Sept. 8, 2017). In addition, M~ completed and signed the Notice of
Cessation of Full-Time Attendance page of Form SSA-1372 in which he indicated that
Claimant had ceased to be a full-time student as of February 9, 2017, when Claimant
moved to the “digital school.” Because an official from NLRO did not complete the
Certification by School Official page of Form SSA-1372 or otherwise provide acceptable
evidence about Claimant’s attendance at or instruction through NLRO, SSA cannot verify
if NLRO considers Claimant full-time under NLRO’s standards and practices.
The information available also does not indicate that Claimant meets the Federal standards
for full-time attendance. Claimant reported that she was scheduled to attend NLRO
for twenty hours per week. As noted above, however, no NLRO school official certified
Claimant’s report. See 20 C.F.R. § 404.367(c); POMS RS 00205.300C. In addition, no NLRO official certified that NLRO’s course of study is at least thirteen
weeks in duration. See 20 C.F.R. § 404.367(b); POMS RS 00205.300C.
Moreover, even if a NLRO official verified that Claimant was scheduled to attend NLRO
for twenty hours per week and that NLRO’s course of study is at least thirteen weeks
in duration, Claimant would not meet the Federal standards for full-time attendance
because the information available does not indicate that Claimant is enrolled in noncorrespondence
courses. See 20 C.F.R. § 404.367(b); POMS RS 00205.300C. “Generally, a student is not in full-time attendance (FTA) based on correspondence
school courses even if the correspondence school meets the definition of an [educational
institution].” POMS RS 00205.330B. SSA also emphasized in 1996 that correspondence courses were insufficient to satisfy
the full-time attendance requirements of the Act and regulations. See When You Are a Full-Time Elementary or Secondary School Student, 61 Fed. Reg. 38,361,
38,361-62 (July 24, 1996). To accommodate students who participate in alterative education
methods, SSA revised 20 C.F.R. § 404.367 to include students enrolled in home schooling
or independent study programs authorized by state (or other jurisdiction) laws. See id. at 38,362. However, SSA made clear that it would “continue to exclude from eligibility
those individuals who are enrolled solely in correspondence courses. We do not believe
that such courses satisfy the definition of an elementary or secondary school in the
Act . . . .” Id.
The regulations and POMS do not appear to define “noncorrespondence course” or “correspondence
course.” However, the POMS defines “correspondence school” as “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 00205.330A. “Although the definition of ‘correspondence school’ refers to submitting materials
by mail, we believe that submitting materials over the internet constitutes merely
a difference in methodology rather than substance.” POMS PR 08005.048, PR 04-329 (July 19, 2004) (concluding beneficiary’s alleged home school was a correspondence
course where beneficiary completed studies at home and transmitted work via internet,
with no participation or instruction by his parent).
The information available indicates Claimant’s studies through NLRO are correspondence
courses. NLRO’s website states that NLRO “offers a flexible and hassle-free environment
for learners to earn their high school diplomas,” with “year-round open enrollment
so learners can get started whenever they like,” and participants proceed at their
own pace. NLRO, About Us, http://nlro.org (last visited Sept. 8, 2017). NLRO’s website also states that its programs allow
participants to adapt their options “to fit their busy schedules” and “work from anywhere
at any time.” NLRO, High School Students, http://nlro.org/ (last visited Sept. 8, 2017). NLRO’s Student Handbook states that NLRO “provides
all course study materials, exam and assignment instructions and layouts within each
course.” NLRO, Student Center/Request a Transcript, http://nlro.org/ (click on Student Handbook, p. 11) (last visited Sept. 8, 2017). In addition, “[a]ll
study guides (writing assignments, projects, short answers essays, vocabulary, multiple
choice and true/false questions) must be graded by a NLRO instructor.” NLRO, Grading
Scale, http://nlro.org/ (last visited Sept. 8, 2017); see NLRO, Student Center/Request a Transcript, Student Catalog & Student Handbook, http://nlro.org/ (click on Student Catalog, p. 15, Student Handbook, p. 19) (last visited Sept. 8,
2017). Exams are proctored exams, and anyone wanting to take an exam online must nominate
an appropriate proctor. See Student Handbook, p. 18; Student Catalog, p. 19; NLRO, Proctor and Proctor Facility
Guidelines, http://newlearningresourcesonline.com/?page_id=768 (last visited Sept. 8, 2017). Thus, NLRO’s websites indicates that NLRO provides
participants with all lessons, exercises, and tests, and participants return the exercises
and tests to NLRO for grading. Thus, the available information indicates that Claimant’s
studies through NLRO are correspondence courses as outlined on the POMS. Therefore,
Claimant does not satisfy the Federal full-time attendance requirements.
CONCLUSION
Although NLRO is an educational institution under Mississippi law, Claimant does not
meet the full-time attendance requirements because she did not provide the necessary
verification from a NLRO official and her studies through NLRO are correspondence
courses. Therefore, Claimant is not a full-time elementary or secondary school student
for determining her eligibility for CIB.