TN 13 (07-00)

RS 00205.250 Determining The Educational Institution (EI) Status Of A School

A. Policy - general

Each school the student attends during the period for which he/she is claiming student benefits must be an EI.

Certain preparatory and postsecondary schools may be EIs if approved by the State or other local jurisdiction to provide education at the secondary level or below. In these cases, the course of study is the determining factor.

B. Policy - when to develop EI status

Develop EI status (RS 00205.250C) only if the student is in FTA or has established intent to be in FTA and you cannot assume the school is an EI (e.g., a non-public school). See RS 00205.250B.1. and RS 00205.250B.2. for schools that can be assumed to be EIs.

If you cannot assume the school is an EI and a legal precedent opinion exists for a similar school (see PR 07905.000 for legal precedent opinions about educational institutions), it is not necessary to develop EI status if the current school meets all of the criteria in the opinion. Redevelop the EI status only if there is reason to believe the precedent is no longer valid.

1. Schools in the United States

Assume, unless there is evidence to the contrary, that the following public schools in the United States are EIs:

  • Elementary schools;

  • Middle schools;

  • Junior high schools; and

  • High schools.

NOTE: United States means the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands of the United States, the Northern Mariana Islands, American Samoa, and Guam.

2. Schools outside the United States

Assume, unless there is evidence to the contrary, that the following schools outside the United States are EI's:

  • Elementary schools operated by the U.S. Government;

  • Junior high schools operated by the U.S. Government; and

  • High schools operated by the U.S. Government.

3. School is operated by penal or correctional institution

Many penal and correctional institutions conduct academic and vocational programs for inmates. These programs are often comparable to programs at regular schools.

Consider the confinement facility to be an EI if:

  • The program is conducted by the department of education of the State in which it is located;

  • The department of education of the State in which the facility is located grants diplomas or certificates of course completion, or recognizes diplomas or certificates of course completion granted by the confinement facility;

  • Other schools in the State's public school system grant a diploma for work completed in the program of the confinement facility; or

  • The confinement facility meets the requirements in RS 00205.200.

4. Home school

See RS 00205.275 for policy and procedures for developing the EI status of home school.

5. Independent study

See RS 00205.285 for policy and procedures for developing the EI status of an independent study program.

C. Procedure - developing EI status

STEP

ACTION

1

Is there a valid legal precedent opinion established for this school or for a similar school in the State? (See PR 07905.000 for legal precedent opinions about educational institutions.)

If yes, go to step 4.

If no, go to step 2.

2

Contact the school official and ask for evidence of approval from the State or other jurisdiction for providing elementary or secondary-level education. Is evidence available from the school?

If yes, go to step 4.

If no, go to step 3.

3

See GN 01010.810 for sub