You have requested an opinion regarding whether the National High School in Atlanta,
Georgia, which is an educational institution that provides online high school courses
via the Internet (http://www.nationalhighschool.com/), meets the definition of an educational institution under the Social Security Act
(Act). The agency accepts public schools in the United States as educational institutions
(elementary schools, middle schools, junior high schools, and high schools). See Social Security Administration Program Operations Manual System (POMS) RS
00205.250(B)(1). With state or other local jurisdiction approval, certain preparatory and postsecondary
schools may provide education at the secondary level or below, and the agency will
consider those schools educational institutions. Id. RS 00205.250(A). We believe that the National High School online program is not an educational
institution under the Act, and that as a result, John H~ (John’s) entitlement to benefits
on the number holder’s account stopped once he turned eighteen. The facts indicate
that in August 2000, John became entitled to child’s insurance benefits. John resides
in Arkansas. John attained age 18 in December 2009, after which the agency terminated
his child’s insurance benefits. In December 2009, John completed SSA Form 1372, Student’s
Statement Regarding School Attendance, stating that he had been attending the National
High School based in Atlanta, Georgia, since September 1, 2009; that he was scheduled
to attend online instruction for 35 hours per week; that his school year would end
in May 2010; and that he expected to graduate in May 2010. A National High School
official certified that John was enrolled in an on-line school program, with full-time
attendance, but that the National High School did not monitor the student’s full-time
attendance. A National High School’s registrar signed and dated SSA Form 1382, certifying
that the National High School’s course of study was at least 13 weeks in duration.
On March 24, 2010, Michelle R~, a National High School’s registrar, represented during
a telephone conference that the National High School is a privately owned program
that is not affiliated with the State of Georgia, and that the National High School
is not required and does not report student enrollment to Georgia public school districts
or any other state official or department. The Act provides for the payment of child’s
insurance benefits to certain applicants over the age of 18 who are full-time elementary
or secondary Secondary school is a school intermediate between elementary school and
college and usually offers general, technical, vocational, or college-preparatory
courses. http://www.merriam-webster.com/dictionary/secondary%20school. school (educational institution) The POMS refer to elementary or secondary education
schools, grade 12 or below, as educational institutions. See POMS RS 00205.200(A). students. See 42 U.S.C. §§ 402(d)(1)(B), 402(d)(7)(A); 20 C.F.R. § 404.350(a)(5); POMS RS 00205.001(A). Under the Act, an educational institution is a school that provides elementary
or secondary education, as determined under the law of the state or other jurisdiction
in which it is located. See 42 U.S.C. § 402(d)(7)(C)(i); 20 C.F.R. § 404.367(a); POMS RS 00205.300. The regulations consider a home school program The evidence you provided does not
show that John was in a home school program while taking classes from the National
High School. or an independent study program Independent study programs are run by
local education agencies such as high schools or school districts, in accordance with
specific State law requirements, and the credits earned count towards high school
graduation. See POMS RS 00205.285(A). to be an educational institution if it is in accordance with the law of the state
in which the student resides. 20 C.F.R. § 404.367(a)(1), (2). As an initial matter,
we address the issue of whether John is a full-time student at the National High School.
As previously noted, in order to be eligible to receive child’s insurance benefits,
an applicant who is 18 years of age but has not attained age 19 must be a full-time
student, based on Federal standards, at an educational institution. See 42 U.S.C. 402(d)(1)(B); POMS RS 00205.285. The agency considers a student to be a full-time student if he attends a school
that provides a secondary education under the law of the state in which the school
is located and if the student: (1) is in full-time attendance in a day or evening
non-correspondence course of at least 13 weeks duration; (2) carries a subject load
considered full-time for day students under the institution’s standards and practices;
and (3) attends school at least 20 hours a week. See 20 C.F.R. § 404.367(a), (b), (c); POMS RS 00205.300(C). The National High School program does not monitor full-time attendance. Thus,
the agency cannot confirm whether John is in full-time attendance at the National
High School. Although we cannot confirm John’s full-time attendance at the National
High School, we address the question of whether the National High School qualifies
as an educational institution under Georgia law. Georgia recognizes three types of
educational institutions: public schools, private schools, and home school programs.
Ga. Code Ann. § 20-2-690(a). The National High School is privately owned and is not
affiliated with the State of Georgia. Therefore, we conclude that the National High
School is not a Georgia public school under Georgia law. The National High School
is also not a private school under Georgia law. To qualify as a private school under
Georgia law, an institution must (1) provide education as its primary purpose; (2)
be privately controlled and operate on a continuing basis; (3) provide instruction
each 12 months for the equivalent of 180 school days of education with each school
day consisting of at least four and one-half school hours; (4) provide a basic academic
educational program that includes reading, language arts, mathematics, social studies,
and science; (5) provide the school superintendent of each local public school district
with the name, age, and residence of each of the residents enrolled in the private
school and provide monthly updates of students who enroll or terminate enrollment
in the private school; and (6) meet local health and safety standards. Ga. Code Ann.
§ 20-2-690(b). The National High School does not meet the reporting or attendance
criteria of Section 20-2-690(b) of the Georgia Code. The National High School is not
affiliated with the State of Georgia and does not report student enrollment to the
superintendents of the local public school districts or to any other state official
or department. The National High School’s website states that the virtual campus is
in continuous online operation and is available 24 hours per day, 7 days per week.
See http://www.nationalhighschool.com/curriculum.asp (last viewed on April 30, 2010). However, a National High School official reported
that the National High School online program does not monitor attendance of any individual
student, which means that the online program does not confirm a student attends the
equivalent of 180 school days of education with each school day consisting of at least
four and one-half school hours. See Ga. Code Ann. § 20-2-690(b) (criteria institutions must meet to qualify as private
schools under Georgia law). Rather, the National High School’s website provides that
students “choose the times when they believe they are best prepared to engage in particular
learning activities and spend as long as they want working on them.” See Footnote 6. Because the National High School does not meet the state’s reporting
or attendance requirements, it does not qualify as a private school under Georgia
law. While Georgia recognizes a home school program as an educational institution,
we conclude that Georgia would also not recognize the National High School as a home
school program. Under Georgia law, parents and guardians may teach their children
in a home school program that meets certain requirements. Because the National High
School is not a parent or guardian of the students enrolled in its program, it fails
as a threshold matter to qualify as a home school program under Georgia law. See Ga. Code Ann. § 20-2-690(c)(3) (parents or guardians may teach only their own children
in the home school program). Furthermore, the National High School does not qualify
as a home school program under Georgia law because it does not meet the reporting
or attendance requirements of the statute. See Ga. Code Ann. § 20-2-690(c)(1), (2), (5), (6). These sections require a written declaration
listing the names and ages of each home-schooled student be filed with the local superintendent
of schools; certification that instruction is provided an equivalent of 180 days per
year with each day being at least four and one-half hours; and the monthly submission
of attendance records to the local superintendent of schools. Id. The National High School does not meet these requirements. Because the National High
School does not qualify as an educational institution under Georgia law, we next address
the question of whether the National High School qualifies as an educational institution
under Arkansas law. See 20 C.F.R. § 404.367(a). As previously noted, the agency will consider certain schools
to be educational institutions if the state or other local jurisdictions approved
the school to provide education at the secondary level or below. POMS RS 00205.250. The agency accepts public schools in the United States as educational institutions
(elementary schools, middle schools, junior high schools, and high schools). See POMS RS 00205.250(B)(1). The evidence shows that the National High School is not a public school because
it is privately owned and is not affiliated with the State of Arkansas. In addition,
Arkansas or any local jurisdiction in the State of Arkansas has not approved the National
High School to provide education at the secondary level or below. The evidence also
shows that the Arkansas Nonpublic School Accrediting Association (ANSAA) has not accredited
the National High School. See ANSAA Directory 2009-2010, “Promoting Quality Education.” An electronic copy of the
ANSAA Directory 2009-2010, “Promoting Quality Education,” is available in “.pdf” format
at http://www.ansaa.com/memberschools.htm (last viewed on April 30, 2010). Therefore, the National High School is not an educational
institution under Arkansas law. While Arkansas also recognizes a home school program
as an educational institution, we conclude that Arkansas would not recognize the National
High School as a home school program. Under Arkansas law, parents and guardians may
teach their children in a home school program. See Ark. Code Ann. §§ 6-15-501, 6-15-503, 6-15-504. Because the National High School
is not a parent or guardian of the students enrolled in its program, it fails as a
threshold matter to qualify as a home school program under Arkansas law. See Ark. Code Ann. § 6-15-501 (home school means a school “provided by a parent or legal
guardian for his or her own child”). Furthermore, the National High School does not
qualify as a home school program under Arkansas law because it does not meet the reporting
and testing requirements of the statute. See Ark. Code Ann. § 6-15-503(a)(1). Under Arkansas law, the parents or guardians desiring
to provide a home school for their children must give written notice to the superintendent
of their local school district of their intent to provide a home school for their
children and sign a waiver acknowledging that the State of Arkansas is not liable
for the education of their children during the time that the parents choose to home
school. Ark. Code Ann. §§ 6-15-503, 6-15-504. There is no evidence that anyone gave
written notice to the superintendent of John’s local school district regarding attending
a home school program while taking classes from the National High School program.
In addition, to qualify as a home school program, each student must take a standardized
achievement test that the Arkansas Department of Education administers each year.
Ark. Code Ann. § 6-15-504(b)(1)(A). There is also no evidence that John has taken
or will take the Arkansas Department of Education standardized achievement test. Thus,
the National High School does not qualify as a home school program under Arkansas
law. We next address the issue of whether the National High School qualifies as an
independent study program An independent study is also known as off campus or alternative
school. POMS RS 00205.285(A). under Arkansas law. The regulations define an independent study program as an
elementary or secondary education program in accordance with the law of the state
or other jurisdiction in which the student resides which the local school or school
district administers. 20 C.F.R. § 404.367(a)(2). The POMS further define an independent
study program as a program that local education agencies, such as high schools or
school districts, run in accordance with specific state law requirements, and the
credits earned count toward high school graduation. POMS RS 00205.285(A). Independent study programs involve periodic teacher contact, direction, and testing
on campus, with the student making academic progress generally through independent
study at home. Id. In Arkansas, the Department of Education oversees and coordinates the implementation
of distance learning, Distance learning is the technology, educational process, and
independent study program that Arkansas schools use to provide instruction when the
student and primary instructor are not physically present at the same time and place.
See Arkansas Department of Education Rules Governing Distance Learning” (RGDL), Rule 3.05.
which is what is used to conduct independent study programs, in elementary and secondary
public schools and promulgates rules and regulations to establish appropriate adult
supervision in distance-learning courses. See Ark. Code Ann. §§ 6-47-201(a)-(b), 6-47-302(a). The Department of Education must approve
all distance learning courses, including out-of-state course providers, before an
educational institution may import those courses through distance learning. See Ark. Code Ann. §§ 6-47-201(c)(1), 6-47-302(b)(1); see also RGDL, Rule 4.01. An electronic copy of the RGDL can be found at http://dlc.k12.ar.us/ (last viewed on April 30, 2010). The Department of Education requires that all distance-learning
courses have an appropriately licensed or approved primary instructor; Appropriately
licensed or approved instructor is a teacher either licensed to teach the content
of the required course in a public school in Arkansas or that the Commissioner of
the Arkansas Department of Education approves to teach the content through distance-learning
technology. The intent of the approval process is to provide flexibility for the approval
of teachers of programs originating from outside Arkansas, exceptionally qualified
individuals within the state whom may not meet licensure requirements, or teachers
of courses that do not have an appropriate licensure requirement. RGDL, Rule 3.03.
that an adult facilitator An adult facilitator is the person responsible for supervising
and assisting the students at the receiving site. The adult facilitator must be an
adult approved by the school district. See RGDL, Rule 3.01. must be present when student achievement assessments used to determine
a student’s final grade are administered in a distance-learning course; and that all
distance learning courses must comply with the Arkansas Standards for Accreditation.
See RGDL Rules 4.02, 4.04, 4.05. The only representation that the National High School
program makes is that it is accredited by the Commission on International Trans-Regional
Accreditation (CITA) and the Southern Association of Colleges and Schools (SACS).
There is no evidence that the Arkansas Department of Education has approved the National
High School courses; that the National High School has appropriately licensed or approved
primary instructors; that the National High School has an adult facilitator during
student achievement assessments; and that the National High School online courses
comply with the Arkansas Standards for Accreditation. Thus, the National High School
does not qualify as an independent study program under Arkansas law.
In conclusion, we cannot confirm whether John is a full-time student at the National
High School. However, the National High School is not an educational institution under
either Georgia law or Arkansas law. Therefore, John is not a full-time student at
an educational institution under the Act, and his entitlement to child’s insurance
benefits on the number holder’s account stopped once he turned eighteen.
Michael M~
Regional Chief Counsel
By_________
Ruben M~
Assistant Regional Counsel