Does Joshua’s attendance at the Primavera Online High School qualify as an acceptable
independent study program under Arizona law?
Yes. The Primavera Online High School qualifies as educational institution under
federal law, and its internet-based (online) program provides an acceptable form of
approved independent study under Arizona law.
Joshua, a recipient of child’s insurance benefits under Title II of the Social Security
Act, attends classes at Primavera Online High School, an internet-based school. He
has been attending Primavera since August 2009. The Arizona State Board of Charter
Schools approved Primavera as an Arizona online instructional school. The Arizona
State Board of Charter Schools provides a list of approved online instructional schools. Primavera’s
charter is held by Primavera Technical Learning Center. See Arizona State Board of Charter Schools List of Distance Learning Charter Schools,
available at http://www.asbcs.az.gov/userfiles/Distance%20Learning%20Schools%20List%20Revised%20format%209-13-11.pdf (last visited on Sept. 16, 2011).
On Form SSA-1372-BK, Joshua reported attending online classes at Primavera between
25 to 30 hours per week. He expected to graduate in May 2011. A guidance counselor
from Primavera certified under penalty of perjury on the same form that Joshua correctly
reported his school attendance and that his program would last at least 13 weeks.
To be eligible for child’s insurance benefits between the ages of 18 and 19, the child
must be in full-time attendance (FTA) at an educational institution (EI) that provides
elementary or secondary courses. Social Security Act § 202(d)(1)(B), 42 U.S.C. § 402(d)(1)(B);
20 C.F.R. § 404.367; Program Operations Manual System (POMS) RS 00205.001(A). A student will be considered enrolled in an EI if he or she participates in an
independent study program acceptable under the state’s educational statutes. See 20 C.F.R. § 404.367(a)(2); POMS RS 00205.250(B)(5); RS 00205.285(C)(2). With certain limited exceptions, FTA is defined as 20 hours per week. 20
C.F.R. § 404.367(c). For an independent study school, “the number of hours spent in
school attendance are determined by combining the number of hours of attendance at
a school facility with the agreed upon number of hours spent in independent study.” Id.
Arizona educational statutes recognize online instruction as an acceptable form of
secondary education. Arizona also permits charter schools as “public schools that
serve as alternatives to traditional public schools.” Ariz. Rev. Stat. Ann. § 15-181(A). Pursuant
to Arizona Revised Statute § 15-808, the Arizona State Board of Charter Schools has
authority to sponsor selected charter schools as an “online schools.” Ariz. Rev. Stat.
Ann. § 15-808(A). Arizona law defines an online school as “a school that provides
at least four online academic courses or one or more online courses for the equivalent
of at least five hours each day for one hundred eighty school days.” Ariz. Rev. Stat.
Ann. § 15-808(I)(3). Arizona law requires the State Board of Charter Schools to annually
report which schools participate in Arizona online instruction. Ariz. Rev. Stat. Ann.
§ 15-808(C). State law further requires that online public and charter schools must
keep daily logs of the amount of time each participating pupil spends on academic
tasks, as part of the school’s daily attendance calculations. Ariz. Rev. Stat. Ann.
The Arizona State Board of Charter Schools approved Primavera as an Arizona online
instructional school. Primavera also received accreditation through the North Central
Association on Accreditation and School Improvement (NCA CASI). See Primavera school website at http://www.primaveratech.org/Online-High-School/aboutourschool/qualityeducation.aspx.
As an approved school, Primavera is required to offer a comprehensive program of
instruction meeting the State’s grade level and graduation requirements. See Ariz. Rev. Stat. Ann. § 15-808. Primavera is therefore an approved public school
that offers its instruction online.
Because Primavera is a public online educational program approved by the State of
Arizona, it qualifies as an acceptable independent study program under the regulations
and POMS RS 00205.285. Here, both Joshua and the school guidance counselor have certified
that Joshua would “attend” the on-line school 25-30 hours per week for the entire
school year. See POMS RS 00205.300(B) (“Consider 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.”). Primavera’s website explains that courses consist of 30 lessons that
are completed at the student’s own pace. http://www.primaveratech.org/Online-High-School/academics/ourclassroom.aspx. Although Joshua will not be attending classes in a classroom, FTA requirements
are satisfied when the student spends the requisite number of hours in independent
study. See 20 C.F.R. § 404.367(c). Based on the information provided on Form SSA1372 BK, Joshua
appears to have satisfied agency requirements for FTA. The information provided for
our review did not include any additional detail regarding Joshua’s individualized
course of study that would account for the 25-30 hours of independent study per week.
Additional development to ensure that Joshua met all agency requirements may be warranted. See POMS RS 00205.285(C) (explaining that the field office should obtain as much information
as possible about the school, including any written agreement between the school and
the student, and the school’s attendance requirements); see also Ariz. Rev. Stat. Ann. § 15-808(E) (requiring online schools to keep logs of student
academic tasks for attendance purposes). See 20 C.F.R. § 404.367(c); POMS RS 00205.300; see also RS 00205.735(A) (explaining student’s responsibility to submit a completed Form SSA-1372-BK
or its equivalent).
Primavera Online High School qualifies as an educational institution under 20 C.F.R.
§ 404.367 and POMS RS 00205.285. Assuming Joshua attended Primavera according to
his intended 25-30 hours per week, he met the requirements for full-time attendance
at a qualified independent study program.