QUESTION PRESENTED
               Whether H~ (Ms. H~), who attends the International School of Kuala Lumpur, can be
                  considered a full-time student at a Educational Institution for the period of November
                  2016 through June 2017 and is, therefore, entitled to student benefits on the record
                  of her father, R~ (the Number Holder or NH).
               
               OPINION
               The law of Malaysia, the jurisdiction in which the school is located, recognizes Ms.
                  H~’s school as an Educational Institution. Based on the evidence provided, Ms. H~
                  meets the additional requirements for student benefits. Therefore, she may be considered
                  a full-time secondary school student for the period from November 2016 through June
                  2017.
               
               BACKGROUND[1]
               The NH, who is Ms. H~’s father, began receiving Social Security Retirement Benefits
                  in June 2015. Ms. H~, who was born on November XX, 1998, began receiving Auxiliary
                  Benefits on her father’s record in June 2015. Ms. H~ attends the International School
                  of Kuala Lumpur in Selangor, Malaysia as a full-time student. Ms. H~’s school year
                  began in August 2016 and ends in June 2017.
               
               Ms. H~ completed a Student’s Statement Regarding School Attendance (form SSA-1372-BK)
                  on November 8, 2016. She indicated she attends 35 hours per week of high school courses
                  and expects to graduate in June 2017. On September 26, 2016, J~, the principal of
                  the International School of Kuala Lumpur certified that Ms. H~ is enrolled at this
                  institution and the course of study was at least 13 weeks of duration.
               
               The International School of Kuala Lumpur’s website includes a High School Profile
                  stating that it is a private and non-profit, parent-governed school accredited internationally
                  through the Council of International Schools (CIS), and in the United States through
                  the Western Association of Schools and Colleges (WASC).[2] Graduates of the high school program earn a United States secondary school diploma
                  and students may elect to pursue the International Baccalaureate (IB) Diploma or individual
                  IB courses, or take Advanced Placement (AP). To graduate, students must complete 22
                  units of credits. The school has two semesters, with the first beginning in early
                  August and ending in December, and the second beginning in January and ending in June.
                  Classes meet for 85 minutes and there are four periods each day of an eight-day rotation
                  cycle. There are a total of 36 weeks in the school year. The school day runs from
                  8:00 am to 3:00 pm five days a week.
               
               ANALYSIS
               A.    Social Security Laws, Regulations, and Policy
               Under the Social Security Act (Act), an individual may continue to receive child’s
                  benefits past the age of 18 if she is a full-time elementary or secondary school student.
                  See Act § 202(d) (1)(E); 42 U.S.C. § 402(d)(1)(E). To be eligible, the individual must:
                  meet the requirements for child’s benefits; attain age 18; be in full-time attendance;
                  attend an Educational Institution; and not have attained age 19. Program Operations
                  Manual System (POMS) RS 00205.001. The Act defines a full-time elementary or secondary school student as: “an individual
                  who is in full-time attendance at an elementary or secondary school….” Act § 202(d)(7)(A);
                  42 U.S.C. § 402(d)(7)(A). An elementary or secondary school is defined as “a school
                  which provides elementary or secondary education under the laws of the State or other
                  jurisdiction in which it is located.” Act § 202(d)(7)(C)(i); 42 U.S.C. § 402(d)(7)(C)(i).
                  This can include schools in foreign countries. See POMS RS 00205.250B.2.
               An Educational Institution is a school that provides elementary or secondary education
                  (grade 12 or below) as determined under the law of the State or other jurisdiction
                  in which it is located. POMS RS 00205.200. A student is in full-time attendance if she is meeting both standards of the institution
                  and Federal standards for full-time attendance. POMS RS 00205.300A and B. The Federal standards for full-time attendance require that the student is
                  (1) scheduled for attendance at the rate of at least 20 hours per week; (2) enrolled
                  in a course that is not a correspondence course; and (3) enrolled in a course of study
                  that is of at least 13 weeks’ duration. POMS RS 00205.300C. For schools outside the United States, schools operated by the United States are
                  assumed to be an Educational Institution. POMS RS 00205.250B.2. However, if the school is not operated by the United States and is outside of the
                  country, the school will be considered an Educational Institution if it meets the
                  criteria of the jurisdiction where it is located. POMS RS 00205.200.
               
               B. Malaysian Laws and Guidelines
               Whether Ms. H~ is attending an Educational Institution is determined by the laws of
                  Malaysia, the jurisdiction of her school.
               
               The Malaysian Ministry of Education has published guidance on the establishment of
                  international schools. Ministry of Education, Guidelines for the Establishment of an International School
                     (Feb. 1, 2015).[3] The document lists a number of regulatory requirements and approval processes applicable
                  to international schools, including those related to incorporation, governance, premises,
                  personnel, student intake, and fees. In terms of registration, these guidelines state
                  that Section 79 of the Education Act 1996 (Act 550) requires the registration of all
                  educational institutions in Malaysia.[4] The Act was subsequently amended in 2015, but the amending legislation does not impact
                  the provisions on registration.[5]
               While the department within the Malaysian Ministry of Education responsible for private
                  educational institutions in Kuala Lumpur – the Kuala Lumpur Federal Territory Education
                  Department – does not reference the status of the International School of Kuala Lumpur
                  on its website, the school is listed as a member of the Association of International
                  Malaysian Schools.[6] The Association states that membership is open to schools “which are registered with
                  the Ministry of Education in Malaysia.” Id.
               
               Information about the International School of Kuala Lumpur is also available on the
                  website of the Office of Overseas Schools of the U.S. Department of State, which states
                  that the school offers “an educational program from prekindergarten through grade
                  12” and “is officially registered as a nonprofit educational institution under the
                  Malaysia Education Act of 1961.”[7] While the 1961 Education Act was repealed, the Education Act 1996 contains a range
                  of transitional provisions, including section 151, which provides that any educational
                  institution registered under the 1961 Act will be deemed to be registered under the
                  1996 Act. See Education Act 1996 (Act 550) §§ 151, 155.
               
               CONCLUSION
               Ms. H~ has been receiving Auxiliary Benefits on her father’s record since June 2015.
                  Ms. H~ turned 18 on November XX, 2016. She attends the International School of Kuala
                  Lumpur as a full-time student. The institution is by all indications registered with
                  the Malaysian Ministry of Education and, as such, under the POMS it is considered
                  an Educational Institution because it provides secondary education as determined under
                  the law of the jurisdiction where it is located. Ms. H~ will not have attained age
                  19 by June 2017. Accordingly, all of the requirements of POMS RS 00205.001A are met, and Ms. H~ is entitled to student benefits from November 2016 through June
                  2017.