The school providing the GED program may be a secondary or postsecondary school. Regardless
of the type of school, however, the school is an EI if, under the law of the State
or other jurisdiction in which it is located, the GED program is determined to be
an approved elementary or secondary-level program. See PR 07905.000 to determine whether an LPO exists about the EI status of a particular GED program.
EXAMPLE: Roger is attending a community college that offers a high school-level program approved
by the local board of education.
The community college is an EI even though it is a postsecondary school since the
GED program provides high-school-level courses. If it is determined that Roger is
in FTA, he can be considered a student.
NOTE: If the EI status of the school providing the GED program is unknown, develop the
status following procedures in RS 00205.250.
IMPORTANT: See GN 01010.800 – GN 01010.815 for instructions about requesting, using, and documenting legal precedent opinions
(LPO), and see GN 01010.815 for instructions about when to request an updated LPO. See PR 07905.000 for LPOs about educational institutions; PR 08005.000 for LPOs about home schooling; and PR 08100.000 for LPOs about independent study programs.