ANSWER
We believe that the agency could reasonably conclude that Navarro College, a postsecondary
school that provides a state-approved high school level program (the adult education
high school equivalency program A~ attends), qualifies as an educational institution
for A~’s student benefit claim. Additionally, we believe that the agency could reasonably
conclude that A~ meets the full-time attendance requirements for student benefits.
BACKGROUND
A. Navarro College’s Adult Education High School Equivalency Program
Navarro College is a two-year accredited community college with five campuses in north
Texas. http://www.navarrocollege.edu/about/ (last visited Oct. 10, 2017). Navarro College offers classes online and on campuses
in Corsicana, Waxahachie, Midlothian, Mexia, and Fairfield, Texas. Id. In addition to its postsecondary Associate Degree programs, the school has an Adult
Education and Literacy Department, which offers, among other things, preparation courses
for high school equivalency examinations, referred to on the school’s website as the
HSE (high school equivalency) Program.[1] http://www.navarrocollege.edu/basic-education/ (last visited Oct. 10, 2017). The school’s adult education high school equivalency
program prepares students for the high school equivalency exams and includes courses
in language arts reading/writing, math, social studies, and science. Id.
B. A~’s Attendance in Navarro College’s Adult Education High School Equivalency Program
As we understand the facts, A~ was entitled to child’s insurance benefits on the number
holder W~ (A~’s retired father’s) account. A~ resides in C~ Texas and turned 18 in
September 2017. To prevent the termination of her benefits, A~ completed a Form SSA-1372-BK
(the Form) page 2, Student’s Statement Regarding School Attendance, on August 14,
2017. She submitted the Form to the Corsicana Field Office on August XX, 2017. In
the Form, A~ represented that she began taking GED courses in Navarro College’s adult
education program on September 7, 2016, and that she expected to complete the courses
on June 1, 2018. She reported that she attended the school for 20 hours per week.
On August XX, 2017, L~, Director of Adult Education for Navarro College, signed and
dated the Form page 3, Certification by School Official, certifying that the information
A~ provided was correct and that the school’s course of study was of at least 13 weeks’
duration, operating on a continuous, year-round basis. L~ also submitted a statement
that a student may choose to enroll in more than one GED class, which would allow
the student to reach 20 or more hours of attendance per week.
ANALYSIS
A. Entitlement to Student Benefits
Section 202(d)(1)(B) of the Act provides for the payment of child’s insurance benefits
on the earnings record of an insured individual entitled to old-age or disability
insurance benefits, or who has died, to certain applicants who are age eighteen and
who are full-time elementary or secondary school students. See 42 U.S.C. § 402(d)(1)(B), (6)(A)(i), (7); 20 C.F.R. §§ 404.350(a)(5), 404.351(a),
404.352(b)(3), 404.367. The SSA’s POMS refers to these benefits as student benefits.
See POMS RS 00205.001 (an individual is a student and is eligible for student benefits if: she meets the
requirements for child’s benefits; she has attained age 18; she is in full-time attendance;
she is attending an educational institution that provides elementary or secondary
school level courses; and she has not attained age 19, or she has attained age 19
in a month she is in full-time attendance and meets the conditions for benefits beyond
that month).
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).[2]
As this matter concerns a student enrolled in a high school equivalency level, or
GED program, offered by a postsecondary school, we note that SSA’s policy recognizes
that a school offering a GED program can qualify as an educational institution, regardless
of the type of school (secondary or postsecondary), if the GED program is an approved
elementary or secondary-level program under the laws of the state in which it is located.
POMS RS 00205.340(B); see POMS RS 00205.200(B) (“Consider a high school-level program or course taken in a college, community
college, vocational, or technical school, to be at the grade 12 level or below, if
the program is approved as a secondary-level school program by the board of education
of the State or other local jurisdiction in which the school is located.”), RS 00205.250(A) (postsecondary schools may be an education institution “if approved by the State
or other local jurisdiction to provide education at the secondary level or below,”
and in such cases, “the course of study is the determining factor.”). Because Navarro College is located in Texas, we consider Texas law in determining
whether the Navarro College adult education high school equivalency, or GED program
that A~ attends, is a state-approved high school level program such that this postsecondary
school is an educational institution, and whether A~ meets the full-time attendance
requirements. See 20 C.F.R. § 404.367(a)-(c); POMS RS 00205.295, RS 00205.340.
B. With Respect to its Adult Education High School Equivalency Program, Navarro College
Qualifies as an Educational Institution in Compliance with Texas Law
We first address whether Navarro College offers a state-approved high school level
program such that it is an educational institution. See 42 U.S.C. § 402(d)(7)(C)(i); 20 C.F.R. § 404.367(a); POMS RS 00205.200, RS 00205.250, RS 00205.340. As described in the background section, Navarro College’s Adult Education and Literacy
Department offers, among other things, an HSE (high school equivalency) Program. http://www.navarrocollege.edu/basic-education/ (last visited Oct. 10, 2017). The school’s adult education high school equivalency
program prepares students for the high school equivalency exams and includes courses
in language arts reading/writing, math, social studies, and science. Id. A letter from the Director of the Navarro College Adult Education Program confirms
that the school “offers classes for GED preparation” and that a student may enroll
in more than one GED class. A~ advised SSA that she was enrolled in this program,
and the Navarro College Director of Adult Education confirmed her enrollment in this
“continuous year-round program.”
The Texas Education Agency (TEA) and Texas Workforce Commission (TWC) have authority
over high school equivalency programs, testing, and certificates issued in this State,
such as those offered by Navarro College’s adult education high school equivalency
program. The TEA is authorized to administer high school equivalency examinations
and issue certificates of high school equivalency in lieu of issuing diplomas earned
through traditional secondary education. See 19 Tex. Admin. Code § 89.41; http://tea.texas.gov/TxCHSE.html (last visited Oct. 10, 2017). The TEA is the only state agency authorized to issue
the Texas Certificate of High School Equivalency (TxCHSE). See 19 Tex. Admin. Code § 89.41.
The TWC’s Adult Education and Literacy Program oversees adult education programs in
the State, which includes high school equivalency courses for adults. See 40 Tex. Admin. Code §§ 805.1 – 805.62 (Adult Education and Literacy provisions); http://www.twc.state.tx.us/adult-education-literacy-teachers-providers (last visited Oct. 10, 2017). The TWC partners with local adult education and literacy
providers, and it funds adult education and literacy programs to assist students to
develop the skills needed to earn a high school equivalency certificate. http://www.twc.state.tx.us/students/adult-education (last visited Oct. 10, 2017); http://www.twc.state.tx.us/students/adult-education-students (last visited Oct. 10, 2017). The TWC awards funds through a competitive grant process
to educational institutions offering adult education programs and requires that grant
recipients provide essential program components, one of which is adult secondary education.
See 40 Tex. Admin. Code § 805.4; http://www.twc.state.tx.us/programs/adult-education-literacy-program-overview (last visited Oct. 10, 2017). The TWC’s website confirms that Navarro College is
an adult education service provider and grant recipient. See http://www-tcall.tamu.edu/provider/fulldisplay.asp?ProviderID=39 (last visited Oct. 10, 2017).
Thus, Navarro College’s adult education high school equivalency program (GED course
program) that A~ attends is a state-approved high school level program. As such, Navarro
College is an educational institution for purposes of C2’s claim for student benefits
even though it is a postsecondary school because the GED program she attends provides
high school level courses approved by the State. See 20 C.F.R. § 404.367(a); POMS RS 00205.200, RS 00205.250, RS 00205.340.
C. A~ Meets the Standards for Full-Time Attendance
We also address whether A~ meets the federal and state standards for full-time attendance.
See 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300(A), RS 00205.350(A). 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). These full-time attendance requirements apply to a student enrolled in a GED
or other high school equivalency program. POMS RS 00205.340(B). As detailed in the background section, A~ checked the box stating that she was
in full-time attendance and reported that she attended (and was scheduled to attend)
the school’s GED program 20 hours per week from September 7, 2016, through June 1,
2018. The school’s director of adult education, L~, certified that all of the information
that A~ provided was correct according to school records. She also certified that
the school’s course of study was of at least 13 weeks’ duration, operating on a continuous,
year-round basis. Finally, it is our understanding that whether A~ takes classes online,
in person, or both, Navarro College 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 A~ meets
the federal standards for full-time attendance.
A school meets the state’s attendance requirement if it 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 TWC does not appear to have attendance requirements for adult education high
school equivalency programs. See 40 Tex. Admin. Code § 805. In addition, per L~’s letter, Navarro College does not
appear to have minimum attendance requirements for its adult education high school
equivalency program, other than requiring “regular attendance.” SSA’s policy instructs
that for a student enrolled in a GED program, “[i]f the school has no standards of
attendance, use 20 hours of weekly attendance as the school’s standard for purposes
of determining [full-time attendance.]” POMS RS 00205.340(C)(1) (a student is in full-time attendance if her “actual attendance is at the rate
of at least 20 hours weekly.”). Because A~ stated (and L~ confirmed) that she was in full-time attendance and that
she attended the school for 20 hours per week beginning September 2016, and intended
to continue to attend the school for 20 hours per week through June 2018, we believe
the agency could reasonably conclude that she has “regular attendance,” and therefore
meets the standards for full-time attendance. See POMS RS 00205.340.
CONCLUSION
We believe that the agency could reasonably conclude that Navarro College, a postsecondary
school offering a state-approved high school equivalency level program (the adult
education high school equivalency program A~ attends), qualifies as an educational
institution for purposes of A~’s claim for student benefits. We also believe that
the agency could reasonably find that A~ meets the full-time attendance requirements
for SSA student benefit purposes.