Connections Academy has online schools across the United States, including two in New Mexico—New Mexico Connections Academy and Pecos Connections Academy.[1] This request concerns only New Mexico Connections Academy.

The Academy’s individual school website describes the academy as “a tuition-free online public school” and “an accredited, public charter school” for grades 4 through 12.[2] Further, the website states that the Academy is accredited by the North Central Association Commission of Accreditation and School Improvement, an accrediting division of Cognia, formerly AdvancED.[3]

As required for a charter school that wants to be chartered by the State, the New Mexico Public Education Commission (PEC) approved the Academy’s charter on June 6, 2013.[4] See N.M. Stat. Ann. § 22-8B-16. School charters may be renewed for five-year periods, with the option for shorter periods upon agreement of the parties. See N.M. Stat. Ann. § 22-8B-12. On October 11, 2019, the PEC voted to renew the Academy’s charter through the 2023 school year.[5]

In addition to our own research online regarding this school, a school official provided additional information to SSA in response to specific questions. See POMS RS 00205.295(C)(1) (procedure to determine whether an online school meets State law requirements). As reflected in a February XX, 2020 Report of Contact, SSA’s Albuquerque District Office contacted V~, the “Administrator/Registrar” of the Academy, for additional information on the school as it related to C3’s claim for student benefits. Consistent with the information available on its website, as noted above, V~ stated that the Academy is a State accredited public charter school servicing grades 4 through 12. The courses the Academy offers are “designed and administered” by the State, and the school meets the State’s core and credit hour requirements. The Academy requires students to complete 30 credit hours of lessons per week, and the time is measured based on attendance reports from the student’s parent, but the school also tracks the time spent on specific lessons as well as student absences. The Academy follows Santa Fe public school schedules and addresses truancy. The method of instruction includes one live weekly session for core classes, and online access to lessons and assignments. Teachers are located remotely throughout the State and are available to students via telephone, short message service, and the Academy’s intranet WebMail system. All students also have access to all other students, and the school performs graduation ceremonies.

As we understand the facts, C3 was entitled to child’s benefits on the number holder E~’s (her disabled father’s) account. C3 resides in New Mexico, and turned 18 in November 2019. To prevent the termination of her child’s benefits upon turning age 18, C3 completed a Form SSA-1372-BK (the Form) page 2, Student’s Statement Regarding School Attendance, on September XX, 2019.[6] In the Form, C3 represented that the current school year began on August XX, 2019, would end on May XX, 2021, and that she expected to graduate in May 2022.[7] She reported that she was in full-time attendance, attending the school for 30 hours per week, and that she would continue to be in full-time attendance every month until her expected graduation date with the exception of June and July of each year. The same day, V~, who identified herself as “Registrar,” signed and dated the Form page 3, Certification by School Official, certifying that the information C3 provided was correct and that the school’s course of study was of at least 13 weeks’ duration, operating on a yearly basis.

Entitlement to child’s insurance benefits under Title II of the Social Security Act (Act) ends when the child turns 18 years old unless an exception applies. See 42 U.S.C. § 402(d); 20 C.F.R. §§ 404.350, 404.352(b); see also POMS RS 00203.035. One such exception allowing for continued entitlement to child’s insurance benefits despite turning 18 is for an unmarried, full-time elementary or secondary school student who has not yet turned 19 years old.[8] See 42 U.S.C. § 402(d)(1)(B), (6)(A)(i), (7); 20 C.F.R. §§ 404.350(a)(5), 404.350(b)(1), 404.367. This is referred to as student benefits in the agency’s POMS. See POMS RS 00205.001 (who is eligible for student benefits).

In general, the agency considers a claimant to be a “full-time elementary or secondary school student” for student benefit purposes if:

(a) the student attends a school that provides elementary or secondary education as determined under the law of the State in which the school is located and that complies with State law;

(b) the student is in full-time attendance in a day or evening non-correspondence course of at least 13 weeks’ duration and carries a subject load considered full-time for day students under standards and practices set by the State in which the student resides;

(c) the student attends school at least 20 hours per week (subject to exceptions);

(d) the student is not being paid while attending the school by an employer that required or requested that the student attend the school;

(e) the student is in grade 12 or below; and

(f) the student is not subject to provisions relevant to nonpayment of benefits to prisoners.

See 20 C.F.R. § 404.367; see also POMS RS 00205.001 (eligibility for student benefits). The focus of your legal opinion request is upon the requirements of section 404.367(a)-(c) that the school qualifies as an educational institution[9] and the student meets full-time attendance requirements. See POMS RS 00205.200 (what is an educational institution), RS 00205.250 (determining the educational institution status of a school), RS 00205.300 (what is full-time attendance).

As this matter concerns an online school, we note that SSA’s policy recognizes that online schools that meet State law requirements can be educational institutions (elementary or secondary schools) for SSA’s student benefit purposes .[10] See POMS RS 00205.295. In addition, SSA’s policy instructs that a child attending an online school is a full-time student if (1) the student meets the standards for full-time attendance set forth in RS 00205.300(C) (Federal standards), and (2) the online school is consistent with the law of the State in which the school is located (State standards). See POMS RS 00205.295(B).

Because the Academy’s office is located in New Mexico and the school is a state-chartered charter school subject to the New Mexico Charter Schools Act, N.M. Stat. Ann. §§ 22-8B-1 to 22-8B-17.1, we consider New Mexico law in determining whether there is legal support to find that this online school is an educational institution and whether C3 meets the full-time attendance requirements.[11] See 20 C.F.R. § 404.367(a)-(c); POMS RS 00205.295.

To determine C3’s entitlement to student benefits, we first address whether the Academy is an educational institution that complies with New Mexico law. See 42 U.S.C. § 402(d)(7)(C)(i); 20 C.F.R. § 404.367(a). As noted above, an educational institution is a school that provides elementary or secondary education as determined by the law of the State in which the school is located. 20 C.F.R. § 404.367(a); POMS RS 00205.200. SSA assumes that public schools in the United States are educational institutions. POMS RS 00205.250(B)(1). As also stated above, SSA policy recognizes that “[a]n online school qualifies as an [educational institution] for purposes of student benefit eligibility as long as the school meets the State law criteria for any one State in which the school maintains a physical or legal presence.” POMS RS 00205.295(A), Note.

As described in the background section, the Academy’s website and the school official describe the school as “an accredited, public charter school” for grades 4-12. New Mexico statutory law authorizes the creation of charter schools (conversion public charter schools and start-up schools authorized by the chartering authority to operate as public schools) and sets forth specific requirements for obtaining and maintaining a charter from the State. See N.M. Stat. Ann. §§ 22-8B-1 to 22-8B-17.1 (the Charter Schools Act). As noted, the PEC granted the Academy its original charter on June 6, 2013, and renewed the charter on October 11, 2019, through the 2023 school year. Thus, the Academy appears to be operating under a current charter as a state-chartered charter school offering elementary and secondary education in compliance with New Mexico law governing all charter schools within the State.[12]

Accordingly, we believe that the agency could reasonably conclude that the Academy, a tuition-free, accredited, online public charter school for grades 4-12 in compliance with New Mexico law, qualifies as an educational institution for SSA student benefit purposes. See 20 C.F.R. § 404.367(a); POMS RS 00205.200, RS 00205.250, RS 00205.295(A).

We also address whether C3 meets both the Federal and State standards for full-time attendance. See 20 C.F.R. § 404.367(b), (c); POMS RS 00205.295(B), RS 00205.300(A), RS 00205.350(A). As noted above, SSA’s policy instructs that a child attending an online school is a full-time student if (1) the student meets the standards for full-time attendance set forth in RS 00205.300(C) (Federal standards), and (2) the online school is consistent with the law of the State in which the school is located (State standards). See POMS RS 00205.295(B).

To meet the Federal standards, the student must be scheduled for attendance at the rate of at least 20 hours per week (subject to exceptions), enrolled in non-correspondence courses, and enrolled in a course of study that is of at least 13 weeks’ duration. See 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300(C). As detailed in the background section, C3 reported that she was in full-time attendance as of August XX, 2019, attending the academy for 30 hours per week, and that she expected to continue to be in full-time attendance through the end of the 2019-2020 school year and for the entirety of the 2020-2021 school year. The school’s registrar, V~,certified that this information was correct and also certified that the school’s course of study was of at least 13 weeks’ duration, operating on a yearly basis. V~ also told SSA that all students must complete at least 30 credit hours of lessons per week, measured by attendance reports from the students’ parents, and that the school tracks the time spent on lessons and student absences. Finally, it is our understanding that this online public charter school is not a correspondence school. See POMS RS 00205.330 (a correspondence school is a school that teaches by mailing lessons and exercises to the student, which the student then completes and returns to the school for grading). Based on this evidence, we believe that the agency could reasonably find that C3 meets the Federal standards for full-time attendance. See 20 C.F.R. § 404.367(b), (c); POMS RS 00205.295(B), RS 00205.300(C).

A student meets the State’s attendance requirement if the school considers the student to be full-time based on the school’s standards and practices for day students. See 20 C.F.R. § 404.367(b); POMS RS 00205.300(B). The New Mexico Attendance for Success Act, N.M. Stat. Ann. §§ 22-12a-1 – 22-12a-14, does not have specific hour requirements for attendance, mandating only that “a school-age person shall attend public school, private school, home school, or a state institution” until she reaches the age of 18 unless she has graduated from high school, received a high school equivalency credential, or withdrawn from school on a hardship waiver. N.M. Stat. Ann. § 22-12A-4(A). The Attendance for Success Act requires that school-age persons “attend school for at least the length of time of the school year that is established in that school-age person’s school district, charter school or private school.” N.M. Stat. Ann. § 22-12A-4(B).

As noted, the school’s registrar, V~, advised SSA that the Academy requires students to attend the school for at least 30 hours per week. She stated that the school follows Santa Fe public school schedules. As an approved public charter school, it would appear that the Academy’s attendance standards comply with New Mexico school attendance law. C3 reported that she was in full-time attendance (30 hours per week), and the school’s registrar confirmed this was accurate. Thus, the school considers C3 to be a full-time student. Based on this evidence, we believe that the agency could reasonably find that C3 also meets the State standards for full-time attendance. See 20 C.F.R. § 404.367(b); POMS RS 00205.295(B), RS 00205.300(B).