California law governs whether Success Academy (SA) is an educational institution because SA is located in California.

SA is an online educational institution under California law, but beneficiary has not established she meets the federal or state standards for full-time attendance with SA.

Whether SA is an educational institution for determining if M~ (Beneficiary) is eligible for child’s insurance benefits (CIB) as a full-time high school student.[1]

SA is an online educational entity under California law. However, Beneficiary has not established that she meets the federal or state standards for full-time attendance through her studies with SA.

According to the information provided, Beneficiary receives CIB on the earnings record of R~. Beneficiary completed a Student’s Statement Regarding School Attendance (Form SSA-1372-BK), which indicates she lives in Vale, North Carolina. Beneficiary reported that SA is located in Los Angeles, California, and she described SA as a home school that she attended from July 1, 2018, through June 30, 2019, for twenty hours per week. Beneficiary reported that she expects to graduate in June 2020. When asked whether she was disabled, she indicated that she did not have a diagnosis. She further stated she was not married. She stated that she did not expect to earn more than $17,640 in 2019, and that her employer did not pay her to attend school. Beneficiary did not complete section 1(a) of Form SSA-1372-BK, which asks if she is currently in full-time attendance. However, when asked if she would not be in full-time for any months from the date she completed the form until her expected graduation, she wrote “NA.”

Dr. B~, Ph.D., Executive Director of SA, signed the Certification by School Official page of Beneficiary’s Form SSA-1372-BK, and verified Beneficiary’s information is correct. He confirmed SA’s course of study is at least thirteen weeks in duration and that SA operated on a yearly basis. Dr. B~ also provided a letter dated June 1, 2019, which states that California does not have State-mandated tests for private schools. The letter also indicates that Dr. B~ is a teacher with at SA. Dr. B~ holds a bachelor’s degree in education, a master’s degree in school administration, and a doctorate of management. Dr. B~ provided copies of Beneficiary’s attendance record and 2018-2019 attendance hours.

In addition, Dr. B~ provided a Private School Affidavit Confirmation (Affidavit) dated October 8, 2018,that he submitted to the California Department of Education on behalf of SA. In the Affidavit, Dr. B~ stated that SA is located in Los Angeles, California and is a private full-time school, which offers instruction in the branches of study that California requires be taught in the State’s public schools. Dr. B~ also stated that SA provides education from kindergarten through twelfth grade, offers high school diplomas, and has twenty students who range in age from six to twenty.

SA’s website describes SA as a private school providing flexible online classes that allow students to study wherever they want at their own pace. About SA, https://successacademyk12.com/about-us/ (last visited Feb. 26, 2020). The website indicates that SA partners with individuals who may be directing a child’s learning by giving them access to students’ online classrooms, which allows them to stay up to date with what their children are learning. Id. The website states that SA’s high school diploma studies include English language arts, math, science, and social studies, and that SA offers electives and career technical education classes. Id.

Federal Law

To be eligible for CIB on the earnings record of an individual who is entitled to old-age or disability insurance benefits or dies fully or currently insured, an individual who is eighteen years 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 (2019);[2] Program Operations Manual System (POMS) RS 00205.001(A). An individual 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) according to the law of the state or jurisdiction where the school is located. See Act § 202(d)(7)(A), (d)(7)(C); 20 C.F.R. § 404.367(a), (e); POMS RS 00205.001(A); POMS RS 00205.200(A). An individual also may qualify as an elementary or secondary school student if shereceives instruction in elementary or secondary education at home under the home school law of the state or other jurisdiction where the individual resides. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275(A). Additionally, an individual may be considered an elementary or secondary school student if she is in an independent study program administered by the local school or school district in accordance with the law of the state or jurisdiction in which he or she resides. See 20 C.F.R. § 404.367(a)(2); POMS RS 00205.285.

An individual 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 00205.001(A); POMS RS 00205.300(A). An individual is in full-time attendance if 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 00205.295(B); POMS RS 00205.300(A). Similarly, a Beneficiary attending an online school is in full-time attendance if she is attending an online school 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 00205.295(B); POMS RS 00205.300(A). An individual meets the state standards if the school considers the beneficiary to be a full-time student based on the school’s standards and practices. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b); POMS RS 00205.300(B); POMS RS 00205.350(C)(1). An individual meets the Federal standards if she is scheduled to attend school at the rate of twenty hours per week, enrolled in a noncorrespondence course, and enrolled in a course of study that is of at least thirteen weeks duration. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300(C). A home schooled individual must meet the Federal standards for full-time attendance and meet the home-school requirements of the state in which the home school is located. See 20 C.F.R. § 404.367(b); POMS RS 00205.275(B). Attendance for a student in an independent study program must also meet the Federal full-time attendance requirements, which one accomplishes by combining the number of hours at a school facility with the agreed-upon number of hours in independent study. See 20 C.F.R. § 404.367(c); POMS RS 00205.285(B).

Educational Institution under California Law

Because SA is located in California, California law governs whether SA is an educational institution. SeeAct § 202(d)(7)(C)(i); 20 C.F.R. § 404.367(a); POMS RS 00205.001(A); POMS RS 00205.200(A). The California Department of Education uses the term “school” to refer to education institutions with the following characteristics: (1) has one or more teachers to give instruction; (2) has an assigned administrator; (3) is based in one or more buildings; and (4) contains enrolled or prospectively enrolled students. Cal. Dep’t of Educ., Definition of a School, https://www.cde.ca.gov/ds/si/ds/dos.asp (last visited Oct. 8, 2019). “A private school is a school, as defined, that is owned or operated by a private person, firm, association, organization, or corporation, rather than by a public agency.” Id.

California minimally regulates private schools. SeeCal. Dep’t of Educ., Private Schools Frequently Asked Questions: Alternatives; Regulations; Selecting a School, https://www.cde.ca.gov/sp/ps/psfaq.asp (last visited Feb. 26, 2020) (stating “[t]he [California Department of Education] has no statutory authority to regulate or monitor private schools” and “no state agency licenses, regulates, or oversees private schools”); see alsoJonathan v. Superior Court, 165 Cal. App. 4th 1074, 1092 n.20 (2008) (stating “We note here that the school district verifies only if a private school affidavit has been filed; the district is granted no authority by [California Education Code § 48222] to confirm that the private school is in compliance with the other requirements of the private school exemption.”).

California exempts children attending certain private schools from compulsory public school attendance. See Cal. Educ. Code §§ 48220, 48222 (West 2019).[3] Such private schools must be taught in the English language and instruct in the same branches of study as required for public schools. Cal. Educ. Code § 48222. Under California law, “persons capable of teaching”[4] must instruct children at private schools. Id . The private school must keep attendance of students. Id. Furthermore, the private school must file an affidavit annually with the state. Id . Such affidavit “shall not be construed as an evaluation, recognition, approval, or endorsement of any private school or course.” Id. However, filing a current affidavit establishes an exemption from compulsory public school attendance. See Cal. Educ. Code § 48222; Cal. Dep’t of Educ., Private Schools Frequently Asked Questions: Private Schools and the Private School Affidavit,

http://www.cde.ca.gov/sp/ps/rq/psfaq.asp#b8 (last visited Feb. 26, 2020).

California maintains a Private School Directory (PSD) that lists private schools that have filed an affidavit. See Cal. Dep’t of Educ., Private Schools, (https://www.cde.ca.gov/sp/ps/cefprivinstr.asp) (last visited Feb. 26, 2020); Cal. Dep’t of Educ., Private Schools Frequently Asked Questions: Alternatives; Regulations; Selecting a School, https://www.cde.ca.gov/sp/ps/psfaq.asp#b8. A private school appearing in the PSD has established an exemption from compulsory public school attendance for each student enrolled in the school. SeeCal. Educ. Code § 48222; Cal. Dep’t of Educ., Private Schools Frequently Asked Questions: Private Schools and the Private School Affidavit, http://www.cde.ca.gov/sp/ps/rq/psfaq.asp#b8. SA appears in the PSD for 2018-2019. See Cal. Dep’t of Educ., PSD, https://www.cde.ca.gov/ds/si/ps/ (select “2018-2019” under “Private School Affidavit Information”) (last visited Feb. 26, 2020). Therefore, SA students are exempt from compulsory public school attendance.

California also maintains a California School Directory (CSD), which includes private schools. SeeCal. Dep’t of Educ., Private Schools Frequently Asked Questions: Alternatives; Regulations; Selecting a School, https://www.cde.ca.gov/sp/ps/psfaq.asp#b8. SA appears in the CSD, which lists SA’s status as “active.” See Cal. Dep’t of Educ., CSD: Success Academy k-12, https://www.cde.ca.gov/SchoolDirectory/details?cdscode=19647336157143 (last visited Feb. 26, 2020).

Because California’s online directory lists SA’s status as active, SA is presumptively an educational institution under the Act and regulations. See POMS PR 08205.006(B) (PR 12-115, June 29, 2012). Further, SA appears to meet California’s definitions for a school and private school. See Cal. Dep’t of Educ., Definition of a School, https://www.cde.ca.gov/ds/si/ds/dos.asp (last visited Feb. 26, 2020). Dr. B~’s affidavit indicates SA has an assigned administrator and a full-time teacher, a physical address, and enrolled students. The affidavit also states that SA is a full-time private school that offers instruction in the branches of study California requires public schools to teach, and that it offers the instruction in English. Dr. B~’s June 2019 letter indicates that he provides the instruction, and that he holds a bachelor’s degree in education and a master’s degree in school administration. Thus, he appears to be “capable of teaching.” His letter also provides attendance records, which indicates that SA keeps regular attendance records. Based on the foregoing, SA is an educational institution under California law.

SA appears to be an online school. Under POMS RS 00205.295:

An online school is one that offers Internet-based courses to students. Online schools vary considerably in the methods used to provide education to students. Some features of online schools may include virtual classrooms; an interactive curriculum; email, telephone, and fax access to teachers; either online or in-person completion of tests; required time spent online that the school monitors; and individualized instruction.

In contrast, “[a] correspondence school is 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 00295.330. SA’s website states that SA provides “online classes” and indicates that each student has an “online classroom.” See SA, About Us, https://successacademyk12.com/about-us/ (last visited Feb. 26, 2020). Therefore, the available information indicates that SA is an online school, rather than a correspondence school.[5]

Full-time Attendance Based on Enrollment at SA

The information provided does not establish Beneficiary meets the Federal standards for full-time attendance based on her enrollment at SA. Dr. B~ certified that SA’s course of study is at least thirteen weeks in duration, and nothing in the information available indicates that Beneficiary takes correspondence courses. However, inconsistencies exist in the information provided about her attendance. Beneficiary stated that she is scheduled to attend SA twenty hours per week, and Dr. B~ verified Beneficiary’s statement. Beneficiary’s attendance report, however, shows 73.2 attendance hours for the entire 2018 to 2019 school year, which amounts to far less than twenty hours per week.[6] Therefore, the available information does not establish that Beneficiary meets the federal standard for full-time attendance. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300(C).

Further, Beneficiary has not established she meets California’s standard for full-time attendance. To meet the state requirements for full-time attendance, a student must show that the school considers her to be a full-time student based on the school’s standards and practices for day students. See POMS RS 00205.300(B). Here, Beneficiary has not established that SA considers her a full-time student. The information Beneficiary provided suggests that she might be a full-time student under SA’s standards and policies, but fails to establish that SA considers her a full-time student. When asked what months she expected she would not be in full-time attendance for any months from the beginning of the school year to her expected graduation, Beneficiary indicated the question was not applicable, which suggests that she will be in full-time attendance. Dr. B~ verified Beneficiary’s statement, which indicates that SA may consider her a full-time student. See POMS RS 00205.350(B) (stating that if the school official completing the Certification by School Official page of Form SSA-1372 “answers ‘yes’ to questions 1, 2, 4, and 5, and completes question 3 and the signature area, consider the student’s school attendance to be verified”). However, Beneficiary did not complete section 1(a) of Form SSA-1372-BK, which asks if she is currently in full-time attendance and there is no conclusive information that establishes SA considers Beneficiary to be a full-time student. Therefore, Beneficiary has not established that she is a full-time student under SA’s standards and policies.

Home Schooling and Independent Study under North Carolina Law

Beneficiary described SA as a home-school program. Because Beneficiary resides in North Carolina, we look to North Carolina law to determine whether Beneficiary is home schooled. SeeAct § 202(d)(7)(C)(i); 20 C.F.R. § 404.367(a)(1), (b); POMS RS 00205.275(A)-(B). Under North Carolina law, a home school is a nonpublic school consisting of the children of not more than two families or households, where the parents, legal guardians, or members of either household determine the scope and sequence of instruction, provide academic instruction, and determine additional sources of academic instruction. See N.C. Gen. Stat. Ann. § 115C-563(a) (West 2019);[7] N.C. Dep’t of Admin. (NCDOA), Home School Requirements & Recommendations, https://ncadmin.nc.gov/citizens/home-school/home-school-requirements-recommendations (last visited Feb. 26, 2020). Those individuals desiring to home school a child must submit a Notice of Intent to Operate a Home School to the North Carolina Division of Non-Public Education (DNPE), which includes the name and address of the school along with the chief administrator. See N.C. Gen. Stat. Ann. §§ 115C-552, 115C-560; NCDOA, Home School Requirements & Recommendations, https://ncadmin.nc.gov/citizens/home-school/home-school-requirements-recommendations. Home schools must perform nationally standardized tests or other nationally standardized equivalent measurements annually, which must measure achievement in English grammar, reading, spelling, and mathematics. N.C. Gen. Stat. Ann. § 115C-564 (citing N.C. Gen. Stat. Ann. §§ 115C-549, 115C-557); NCDOA, Home School Requirements & Recommendations, https://ncadmin.nc.gov/citizens/home-school/home-school-requirements-recommendations. Additionally, persons providing academic instruction in a home school are required to hold at least a high school diploma or its equivalent. See N.C. Gen. Stat. Ann. § 115C-564; NCDOA, Home School Requirements & Recommendations, https://ncadmin.nc.gov/citizens/home-school/home-school-requirements-recommendations. Furthermore, North Carolina home schools must elect to operate under the qualifications applicable to either private church schools and schools of religious charter or qualified nonpublic schools. See N.C. Gen. Stat. Ann. § 115C-564. For either type of institution, the school must maintain annual attendance and disease immunization records for each pupil enrolled and regularly attending classes. Seeid. §§ 115C-548, 115C-556, 115C-565. Therefore, home schools must comply with these requirements as well.

The information provided does not establish that Beneficiary receives instruction at home in accordance with North Carolina’s home school law. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275(A). First, the evidence fails to establish that SA meets the State’s definition of a home school. Nothing in the information provided indicates that SA consists of children of not more than two families or households. See N.C. Gen. Stat. Ann. § 115C-563(a). Further, SA’s website indicates that SA partners with parents or whomever may be directing the child’s learning by providing access that allows such individuals to stay up to date with what their child is learning. SA, About Us, https://successacademyk12.com/about-us/. However, that statement does not establish that parents, legal guardians, or members of a household determine the scope and sequence of instruction, provide academic instruction, and determine additional sources of academic instruction, as required to meet the state’s definition of a home school. N.C. Gen. Stat. Ann. § 115C-563(a). Therefore, SA does not meet the definition of a home school.

Second, there is no indication that SA submitted a Notice of Intent to Operate a Home School to the North Carolina DNPE. See NCDOA, Home School Requirements & Recommendations, https://ncadmin.nc.gov/citizens/home-school/home-school-requirements-recommendations; N.C. Gen. Stat. Ann. §§ 115C-552, 115C-560.

Third, the information provided does not establish that SA performs nationally standardized tests or other nationally standardized equivalent measurements annually, which measure achievement in English grammar, reading, spelling, and mathematics, as required under North Carolina law. See N.C. Gen. Stat. Ann. § 115C-564 (citing N.C. Gen. Stat. Ann. §§ 115C-549, 115C-557); NCDOA, Home School Requirements & Recommendations, https://ncadmin.nc.gov/citizens/home-school/home-school-requirements-recommendations. Rather, Dr. B~’s June 2019 letter states that California does not have state-mandated tests for private schools, which suggests SA does not require its students to perform such tests. Finally, the information provided indicates that SA keeps attendance records, but does not show that it maintains disease immunization records for each pupil enrolled and regularly attending classes, as required under North Carolina law. See N.C. Gen. Stat. Ann. §§ 115C-548, 115C-556, 115C-565. For the forgoing reasons, SA does not qualify as a home school.

Moreover, Beneficiary’s enrollment in or instruction through SA does not appear to satisfy the independent study provisions of the regulations. See 20 C.F.R. § 404.367(a)(2). Independent study is a method of alternative secondary education used in some states. POMS RS 00205.285(A). Local education agencies, such as high schools or school districts, run independent study programs. Id. Independent study programs must operate “in accordance with specific State law requirements, and the credits earned count toward high school graduation.” Id. The programs involve periodic teacher contact, direction, and testing on campus, with the student making academic progress generally through independent study at home. Id.Nothing in the information provided suggests that SA is an independent study program in accordance with North Carolina law or that a local school or school district in North Carolina administers SA. Rather,the information available shows that SA is a private, on-line school operating from California. As such, Beneficiary’s enrollment in or instruction through SA does not satisfy the independent study requirements.

SA is an educational institution under California law, but Beneficiary has not established she meets the Federal or state standards for full-time attendance. Beneficiary has not demonstrated that she is participating in a home school or independent study program in compliance with North Carolina law.

[1] The Request for Legal Opinion asks if SA meets the requirements of an online educational institution under North Carolina statutes. However, California law governs whether SA is an educational institution because SA is located in California. SeeAct § 202(d)(7)(C)(i); 20 C.F.R. § 404.367(a); POMS RS 00205.001(A); POMS RS 00205.200(A). Therefore, we address whether SA qualifies as an online educational institution under California law. Although not specifically raised in the Request for Legal Opinion, we address whether Beneficiary received instruction at home in accordance with North Carolina home school law, in part, because Beneficiary indicated that she was in a home-school program. We also address whether Beneficiary was in an independent study program in accordance with the North Carolina law.

[2] All references to the Code of Federal Regulations are to the 2019 edition.

[3] All references to the Cal. Educ. Code are to the West 2019 version.

[4] California’s statute does not define the term “capable of teaching.”

[5]California recognizes the existence of private online schools and does not appear to have any special rules that pertain to them. See e.g., Cal. Dep’t of Educ., Private Schools Frequently Asked Questions: Alternatives; Regulations; Selecting a School, http://www.cde.ca.gov/sp/ps/rq/psfaq.asp. (stating that private online schools exist in California).

[6] On October 16, 2019, we requested additional information from Beneficiary explaining the inconsistent information regarding her attendance hours. We also requested that Beneficiary complete an updated SS-1732-BK that answers section 1(a) of the form, which asks whether she is a full-time student. However, as of the date of this opinion, we have not received the requested information.

[7] All references to the N.C. Gen. Stat. Ann. are to the West 2019 version.

Golden Valley Virtual Charter School (GVVCS) is a public, online charter school that is part of the Mesa Union School District. It is open to students in grades 6 to 12 in Ventura, Kern, Los Angeles and Santa Barbara counties. It qualifies as educational institution under federal law, and its internet-based (online) program provides an acceptable form of approved independent study under California law. The agency should determine whether the student at issue meets the remaining attendance and eligibility requirements for continued Auxiliary Child Benefits after age 18.

QUESTION

You asked whether Golden Valley Virtual Charter School (GVVCS), an online school, is an educational institution for purposes of eligibility for Auxiliary Child Benefits after age 18.

SHORT ANSWER

Yes. GVVCS qualifies as an educational institution under federal law, and its internet-based (online) program provides an acceptable form of approved independent study under California law.

BACKGROUND

The State of California recognizes GVVCS as a California public charter school that is part of the Mesa Union School District. GVVCS is accredited by the Western Association of Schools and Colleges Accrediting Commission for Schools. GVVC S is a free, online public school open to students in grades 6 to 12 in Ventura, Kern, Los Angeles, and Santa Barbara counties; the school’s Charter is available on its website. See http://www.goldenvcs.org/Default.aspx?alias=www.goldenvcs.org/gvvcs (last visited Sept. 25, 2012).

In response to an agency questionnaire, Meg, Director of Education at GVVCS, informed the agency that the school tracks the time a student spends online and keeps attendance records. GVVCS offers all required and elective courses for middle and high school students. Students must log-in online and complete schoolwork each school day. Instruction is both self-paced and self-directed. Meg confirmed the information on the school website that GVVCS provides each student with interactive access to state-credentialed teachers. See id.

GVVCS has a detailed Independent Study Policy that states the school’s compliance with California’s state regulations on independent study and explains how the credentialed teachers will closely monitor and review students’ work. See http://www.goldenvcs.org/LinkClick.aspx?fileticket=oa9fWuoejRA%3d&tabid=184. The Independent Study Policy also sets out attendance and progress requirements for continued participation in the program, among them that “Continual failure to meet charter guidelines with regards to attendance or progress may be grounds for ending the student’s independent study.” See id.

ANALYSIS

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 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.

In California, a “school district or county office of education may offer independent study to meet the educational needs of pupils” within certain guidelines. Cal. Educ. Code § 51745(a). School districts can operate independent study in a number of ways, such as a program within a school or as a stand-alone alternative school. See Independent Study Operations Manual at 1-4, available at http://www.cde.ca.gov/sp/eo/is/isoperationsmanual.asp (last visited Sept. 24, 2012). Every student engaged in independent study must be enrolled in a specified school of a school district or county Office of Education. Cal. Educ. Code § 51747.5(a).

Pursuant to California regulations, an independent study program must be “substantially equivalent in quality and in quantity to classroom instruction,” provide “the same access to existing services and resources” as the other students in the district receive, and confer “equality of rights and privileges” with the students who choose to continue in the regular school program.” See 5 Cal. Code Regs. § 11701.5. Likewise, the curriculum and methods of study must be consistent with the policies and procedures of the school district. See 5 Cal. Code Regs. § 11702(b). These requirements are generally consistent with the requirements in POMS RS 00205.200(A) and RS 00205.285 that an independent study program be part of an educational institution authorized by the State, and permit a student to accrue credits towards graduation.

The California Department of Education has an official website that enables searches for all schools in the state and shows each school’s status. See http://www.cde.ca.gov/re/sd/ (last visited Sept. 24, 2012). On that website, GVVCS is listed as “active,” which indicates that the information has been reviewed for accuracy and approved by personnel of the California Department of Education. See Golden Valley Virtual Charter – School Directory Details at http://www.cde.ca.gov/re/sd/details.asp?cds=56724700120618&public=Y & http://www.cde.ca.gov/ds/si/ds/opuscdsfaqs.asp (last visited Sept. 24, 2012). The agency generally may rely on this official website of the California Department of Education to determine if a public school exclusively offering independent study is an educational institution under POMS RS 00205.200 and RS 00205.285. If the status of the school is listed as “active,” the school is presumed to be an educational institution under the Act and regulations.

Based on the foregoing and in the absence of evidence to the contrary, GVVCS is a qualified educational institution. The California Department of Education website indicates that this school has active status, and that it is a part of the Mesa Union Elementary District. See Golden Valley Virtual Charter – School Directory Details at http://www.cde.ca.gov/re/sd/details.asp?cds=56724700120618&public=Y (last visited Sept. 24, 2012).

CONCLUSION

GVVCS, recognized by the state as a public charter school, qualifies as an educational institution under 20 C.F.R. § 404.367 and POMS RS 00205.285. The agency should determine whether the student at issue meets the remaining attendance and eligibility requirements for continued Auxiliary Child Benefits.

Capistrano Connections Academy (CapoCA) is an independent-study, non-classroom-based online public charter school that serves students in grades K–12 in several California counties (i.e. Los Angeles, San Diego, Orange, Riverside, and San Bernardino).

It qualifies as educational institution under federal law, and its internet-based (online) program provides an acceptable form of approved distance study under California law. The student must also meet Federal standards for full-time attendance and all other requirements for the payment of benefits.

QUESTION

Whether Heidi’s attendance at Capistrano Connections Academy met agency standards for full time attendance required for Auxiliary Child Benefits after age 18.

SHORT ANSWER

Yes. Capistrano Connections Academy qualifies as educational institution under federal law, and its internet-based (online) program provides an acceptable form of approved distance study under California law.

BACKGROUND

Heidi, a recipient of child’s insurance benefits under Title II of the Social Security Act, attended classes at Capistrano Connections Academy (CapoCA) until June 17, 2011. On Form SSA-1372-BK, Heidi indicated that she attended school 40 hours each week. P~, Executive Administrative Support at CapoCA, certified under penalty of perjury that Heidi correctly reported her school attendance, and that her program would last at least 13 weeks.

In response to follow-up questions, P~ informed the agency that the school tracks the time a student spends online and keeps attendance records. Students follow the curriculum with the same requirements and options as a public school. All lessons are conducted live, with required online attendance. Students participate in an interactive online “classroom” with the teacher and other online students. Additional information submitted indicates that students at CapoCA are required to pass the California State High School Exit Exam in math and English in order to graduate, and that Heidi did so.

The State of California recognizes CapoCA as a California public charter school that is part of the Capistrano Unified School District. CapoCA is accredited by the Western Association of Schools and Colleges Accrediting Commission for Schools. The website for the school states that it is a free online public school open to K-12 students in Los Angeles, Orange Riverside, San Bernardino, and San Diego counties. See http://www.connectionsacademy.com/california-southern-capistrano-school/home.aspx.

ANALYSIS

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 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.

In California, a “school district or county office of education may offer independent study to meet the educational needs of pupils” within certain guidelines. Cal. Educ. Code § 51745(a). School districts can operate independent study in a number of ways, such as a program within a school or as a stand-alone alternative school. See Independent Study Operations Manual at 1-4, available at http://www.cde.ca.gov/sp/eo/is/isoperationsmanual.asp (last visited June 19, 2012). Every student engaged in independent study must be enrolled in a specified school of a school district or county Office of Education. Cal. Educ. Code § 51747.5(a). These requirements are generally consistent with the requirements in POMS RS 00205.200(A) and RS 00205.285 that an independent study program be part of an educational institution authorized by the State, and permitting a student to accrue credits towards graduation.

The California Department of Education has an official website which enables searches for all schools in the state and shows each school’s status. See http://www.cde.ca.gov/re/sd/ (last visited June 19, 2012). On that website, CapoCA is listed as “active,” which indicates that the information has been reviewed for accuracy and approved by personnel of the California Department of Education. See Capistrano Connections Academy Charter summary at http://www.cde.ca.gov/re/sd/details.asp?cds=30664640106765&public=Y & http://www.cde.ca.gov/ds/si/ds/opuscdsfaqs.asp (last visited June 29, 2012). The agency generally may rely on this official website of the California Department of Education to determine if a public school exclusively offering independent study is an educational institution under POMS RS 00205.200 and RS 00205.285. If the status of the school is listed as “active,” the school is presumed to be an educational institution under the Act and regulations.

Based on the foregoing and in the absence of evidence to the contrary, CapoCA is a qualified educational institution. The California Department of Education website indicates that this school has active status. Furthermore, the Capistrano Unified School District website acknowledges that CapoCA is one of its charter schools. See Capistrano Unified School District: Charter Schools at http://capousd.ca.schoolloop.com/cms/page_view?d=x&piid=&vpid=1265672486053 (last visited June 29, 2012).

CONCLUSION

CapoCA, recognized by the state as a public charter school, qualifies as an educational institution under 20 C.F.R. § 404.367 and POMS RS 00205.285. Assuming Heidi attended CapoCA according to her reported schedule, she met the requirements for full-time attendance at a qualified independent study program.

The Los Angeles Online High School – Insight School, or Insight Virtual School is a public, online charter school. It qualifies as educational institution under federal law, and its internet-based (online) program provides an acceptable form of approved distance study under California law. The student must also meet Federal standards for full-time attendance and all other requirements for the payment of benefits.

QUESTION

Whether Alfred’s attendance at the Insight Virtual School meets agency standards for full time attendance required for Auxiliary Child Benefits after age 18.

SHORT ANSWER

Yes. The Los Angeles Online High School – Insight School, or Insight Virtual School, qualifies as educational institution under federal law, and its internet-based (online) program provides an acceptable form of approved distance study under California law. Generally, the California Department of Education provides information on its website indicating whether an independent study school is in active compliance with state education requirements, as here with respect to the Insight School.

BACKGROUND

Alfred (Claimant), a recipient of child’s insurance benefits under Title II of the Social Security Act, attends classes at Los Angeles Online High School – Insight School (Insight School). Claimant is in the 10th grade and does not attend regular school due to his disability, a poor immune system. Claimant states that he is online 6 hours a day, in a “virtual-real time interactive classroom.”

In response to SSA’s questions, a school representative stated that Insight School students are online six to eight hours per day, five days a week. Students interact with the teacher for some of the time and at other times engage in individual study. The teachers monitor the student to see if he is there. The course of study results in the student receiving a California high school diploma.

The State of California recognizes the Insight School as a California public charter school. It is a part of the Antelope Valley Union High School District. The Insight School is accredited by the Western Association of Schools and Colleges Accrediting Commission for Schools.

ANALYSIS

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 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.

In California, a “school district or county office of education may offer independent study to meet the educational needs of pupils” within certain guidelines. Cal. Educ. Code § 51745(a). School districts can operate independent study in a number of ways, such as a program within a school or as a stand-alone alternative school. See Independent Study Operations Manual at 1-4, available at http://www.cde.ca.gov/sp/eo/is/isoperationsmanual.asp (last visited Feb. 14, 2012). Every student engaged in independent study must be enrolled in a specified school that is part of a school district or overseen by a county Office of Education. Cal. Educ. Code § 51747.5(a). These requirements are generally consistent with the requirements in POMS RS 00205.200(A) and RS 00205.285 that an independent study program be part of an educational institution authorized by the State, and permitting a student to accrue credits towards graduation.

The California Department of Education has an official website on which a search can be made for schools in the state, available at http://www.cde.ca.gov/re/sd/ (last visited Feb. 6, 2012). The agency generally may rely on this official website of the California Department of Education to determine if a public school exclusively offering independent study is an educational institution under POMS RS 00205.200 and RS 00205.285. If the status of the school is listed as “active,” the school may be considered an educational institution under the Act and regulations. The Insight School, is listed as “active.” See Los Angeles Online High School summary at http://www.cde.ca.gov/re/sd/details.asp?cds=19642460115337&public=Y (last visited Feb. 6, 2012).

Based on the foregoing and in the absence of evidence to the contrary, the Insight School is a qualified educational institution. The California Department of Education website indicates that this school has active status. Antelope Valley Union High web site acknowledges that the Insight School is one of its charter schools. See Antelope Valley Union High School District: Other: Charter Schools at http://www.avdistrict.org/charterschools (last visited Feb. 14, 2012). Furthermore, Insight School personnel confirmed that the Claimant’s course of study will lead to a California high school diploma, which also indicates that the school offers a course of study in compliance with state education laws.

CONCLUSION

The Insight School, recognized by the state as a public charter school, qualifies as an educational institution under 20 C.F.R. § 404.367 and POMS RS 00205.285. Assuming Alfred attended the Insight School according to his reported schedule, he met the requirements for full-time attendance in a qualified independent study program.

At the time the regional attorney reviewed MUST University to determine if it is an educational institution for SSA purposes, SSA was unable to determine the state in which the online school is located. To be an EI for SSA purposes, a school must provide elementary or secondary education under the law of the state or other jurisdiction in which it is located. SSA was unable to determine MUST University’s exact whereabouts and is, therefore, unable to determine which state law applies. For this reason, MUST University is not an EI for SSA purposes.

MUST University may be located in California; however, if that is the case, it is not organized and functioning in a manner consistent with California law. Although California law recognizes online public schools as EIs, either as alternative schools of choice or charter schools, MUST High School does not profess to be a public school. To be a private school recognized by California state law, one of the requirements is that the school be on a list that the Superintendent of Public Instruction maintains. The California Department of Education’s school directory does not recognize MUST High School.

The adjudicator should follow the instructions in RS 00205.295 and in GN 01010.815 to obtain a legal precedent opinion if a student alleges full-time attendance at an online school in California.

You have asked whether MUST High School can be considered an educational institution for an 18-year-old Michigan resident (Claimant) for purposes of receipt of student benefits.   Particularly, you have asked whether MUST University is an educational institution pursuant to Michigan State law. Because we were unable to determine in what state the internet high school is located, we could not determine whether MUST High school is an educational institution under Michigan State law or the law of any other state. It appears unlikely that the school would be an educational institution under any state law.  In any event, we do not need to reach the issue in this case because the school failed to verify the Claimant’s status as a full-time student in a manner acceptable to SSA.   

BACKGROUND

The Claimant, Christopher, applied for students benefits. With his application, the Claimant submitted an SSA-1372-BK form stating that he had been attending MUST High School since November 4, 2009, and that he was not sure when his school year would end.  However, in the margin of the form, he indicated an end date of May 30, 2011. He stated that he was scheduled to attend MUST High school 40 hours a week.  The SSA 1372-BK form was incomplete because it was not signed by a school official who would certify as to the Claimant’s attendance at the school. You have indicated that the school refuses to sign any documentation.

In lieu of submitting a signed verification under the SSA 1372-BK, Claimant submitted an online printout from MUST High School which purports to constitute the school’s official validation of Claimant’s enrollment. The printout invites the reader to further verify the Claimant’s enrollment by logging onto an e-mail address or by calling the telephone number assigned to the school.  The Claimant also submitted a student identification card indicating that it was issued on February 20, 2001, and was valid until March 4, 2011. 

DISCUSSION

The Social Security Act specifies that full-time attendance at an educational institution is a prerequisite to receiving child’s insurance benefits. 42 U.S.C. 402(d).  To be eligible to receive child’s insurance benefits, an individual who is 18 years of age but has not attained age 19 must be a full-time elementary or secondary school student at an educational institution. 42 U.S.C. 402(d)(7)(A); see also 20 C.F.R. 404.367. The Act further provides that an “elementary or secondary school” is “a school which provides elementary or secondary education, respectively, as determined under the law of the State or other jurisdiction in which it is located.” 42 U.S.C. 402(d)(7)(C)(i); see also 20 C.F.R. 404.367(a).   

The POMS defines an online school as one that offers Internet-based courses to students. POMS RS 00205.295. A child attending an online school may be a full-time student if:  the student meets the standards for full-time attendance as defined in RS 00205.300, and the online school is consistent with the law of the state in which the online school is located. Id. 

Claimant Has Not Verified Full-Time Attendance

A student is in FTA if he is attending a secondary level school (an educational institution (EI)) as defined in RS 00205.200 and is meeting both the state and federal standards for FTA.  SSA considers 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. To meet federal standards, a student must be:  scheduled for attendance at the rate of at least 20 hours per week; enrolled in a course that is not a correspondence course; and enrolled in a course of study that is of at least 13 weeks duration. POMS RS 00205.300.

Claimant indicated in this application that he attends an online high school for forty hours per week, and, last year, he attended this school only eight hours per week. However, as you have indicated, MUST High School refused to sign the Certification by School Official by the SSA 1372-BK which would verify this attendance.  According to POMS RS 00205.295 which governs Online Schools, the fact that the school was unable or unwilling to certify the Claimant’s attendance is a sufficient reason to deny the claim. See POMS RS 00205.295(F).  

We have considered whether Claimant’s submission of an online printout from MUST High School which purports to constitute the school’s official validation of his enrollment and the Claimant’s school identification card are sufficient to verify FTA.  Although POMS RS 00205.350 does allow for a school to verify FTA in ways other than signing the Form SSA-1372, the information provided by Claimant does not appear to meet these alternative requirements.  For example, the POMS allows for a statement from the school on its own form or letterhead if it gives the same information as the SSA 1372 or other types of evidence if worked out by agreement with a particular school and the Assistant Regional Commissioner, Management Operations and Support (ARC-MOS). POMS RS 00205.350(B). However, the evidence submitted by the Claimant does not satisfy these requirements.  Specifically, the document gives no information about the number of hours the Claimant is scheduled to attend the school.   

In any event, as discussed below, even if the Claimant could verify his full-time attendance at MUST High School, we have determined that MUST is not likely to be considered an educational institution. 

We Could Not Verify That MUST High School Is An Educational Institution

You have asked whether MUST High School is an educational institution under Michigan law. The POMS defines an educational institution as a school which provides elementary or secondary education as determined under the law of the state or other jurisdiction in which it is located. POMS RS 00205.200.  The main problem in evaluating whether MUST High School is an Educational Institution (EI) is that its exact whereabouts could not be verified. Therefore, we were unable to determine which state law would apply. 

It is possible that the school may be located in California.  MUST High School does not, on its website, list its location or contact information.  The undersigned called the telephone number assigned to MUST and spoke informally with a person who identified himself as Todd , Admissions Counselor. He stated that the school was “global” but that one of its main offices was in California. According to the Better Business Bureau (BBB), MUST University, also known as MUST High School, has provided its contact information as his. .  However, the BBB has noted that mail sent to that address was returned as undeliverable. In processing fourteen complaints against MUST, the BBB has indicated that the company could not be located and has assigned a rating of “F” to the school.  See BBB, Reliability Report, found at:  http://www.bbb.org/greater-san-francisco/business-reviews/schools-academic-special-education/must-university-in-san-francisco-ca-354232 (last visited 4/6/11). We have attached a print-out of this information.

 If that is the case, MUST is not a school which is organized and functioning in a way which is consistent with the laws of the State of California. California recognizes online public schools as educational institutions, either as alternative schools of choice or charter schools.  See Survey of Online Schooling Requirements For the States and Protectorates in Region IX (Feb. 8, 2010). However, MUST High School does not purport to be a public school, and the Claimant is not attending MUST as a California public school since he lives in Michigan. 

We considered whether MUST High School is a private school recognized by the State of California. In order to be a private school recognized by the State of California, the school must be in English, have proper courses and instructors, keep track of attendance for each student, and have filed an affidavit or statement required by California State law, and then would be included on a list maintained by the Superintendent of Public Instruction. Cal. Educ. Code 33190. However, The California Department of Education’s school directory, which includes public schools, private schools, nonpublic nonsectarian schools, school districts and county offices of education does not recognize MUST High School in a state-wide search. See California Department of Education, California School Directory, http://www.cde.ca.gov/re/sd/ .

CONCLUSION

In sum, the Claimant cannot be considered a full-time student of MUST High School because the school has failed to verify his status in a manner acceptable to SSA.  In any event, it is highly unlikely that MUST High School would be considered an educational institution. .   

  

Donna L. Calvert

Regional Chief Counsel, Region V

By_________

Anne Madden

Assistant Regional Counsel