INTRODUCTION
You asked whether B~, who attends Westwood Cyber High School in Inkster, Michigan,
can be considered a full-time secondary school student. We believe Westwood Cyber
High School, which is a public online school in Michigan, is an educational institution. If
you find the statements in this case credible, then B~ appears to satisfy the full-time
attendance requirement. We therefore conclude that you could find that B~ is a full-time
secondary school student as defined under section 202(d)(7) of the Social Security
Act.
BACKGROUND
B~ is requesting payment of student’s benefits based on his attendance at Westwood
Cyber High School, which has a physical address in Inkster, Michigan. B~, who turned
18 years old in 20XX, has been attending Westwood Cyber High School for the past two
years.
Both the materials you have provided and the school district website show that Westwood
Cyber High School is part of Westwood Community School District, a public school district
in Michigan. See www.westwood.k112.mi.us. The school district funds the online school through various funding sources, the
largest portion being that of the district’s general fund dollars. The school district
also received a Models of Demonstrated Proficiency Grant from the Michigan Department
of Education.
Westwood Cyber High School is a year round educational program available 24 hours
a day, seven days a week. The program offers constructivist, project-based, on-line
learning experiences, which are individualized to meet student needs. Mentors, experts,
and project team leaders monitor and support student progress.
The school uses a program called first class, which allows it to track how long the
student is online from any computer. Students can use a computer from the school,
home, library, or any other location. The courses available to students include any
classes offered at a regular high school. According to a project manager at Westwood
Cyber High School, the required attendance for students is 28 hours a week. The students
have three labs available to them. They are required to attend a lab at least two
hours a week, but can also attend more frequently. There are a maximum of 15 students
in each lab. Students have opportunities to interact with other students in the labs.
There are teachers available for one-on-one learning in a variety of subjects. Students
can also send instant messages to teachers when they are on-line to receive help.
B~ completed a statement regarding school attendance (Form SSA-1372-BK), which states
that he is scheduled to attend school 28 hours a week. A project manager at Westwood
Cyber High School also certified B~’s statement regarding school attendance and indicated
that the school’s course of study is at least 13 weeks in duration. In a separate
statement (Form SSA-795), dated October XX, 2010, B~ stated that he was in the classroom
five to six hours per day and logged-in on the weekends for three to six hours per
day. The school provided a monthly attendance report for the claimant, which reflects
the amount of time B~ was online each day in September and October 2010.
DISCUSSION
Section 202(d)(1) of the Social Security Act provides that, under certain circumstances,
a child of an individual entitled to old-age or disability insurance benefits, or
of an individual who dies a fully or currently insured individual, shall be entitled
to child’s insurance benefits (CIB). One of the requirements for CIB eligibility
for a non-disabled child is that the child must be unmarried and either under the
age of 18 or a full-time elementary or secondary school student and under the age
of 19. 42 U.S.C. § 402(d)(1)(B). For a child who was never under a disability, CIB
benefits terminate when the child turns 18 years old if he or she is not a full-time
elementary or secondary school student; and benefits terminate at age 19 regardless
of the child’s educational status. 42 U.S.C. § 402(d)(1)(F).
Section 202(d)(7)(A) of the Social Security Act defines “full-time elementary or secondary
school student” as an individual who is in full-time attendance as a student at an
elementary or secondary school as determined in accordance with regulations prescribed
by the Commissioner. 42 U.S.C. § 402(d)(7)(A). The Social Security Act states at
section 202(d)(7)(C)(i) 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).
The POMS explains at RS 00205.200(A) that 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. POMS RS 00205.250(B)(1) states that it should be assumed public high schools in the United States are
educational institutions, unless there is evidence to the contrary.
POMS RS 00205.295 provides policy about determining whether online schools are educational institutions
for SSA purposes. The POMS defines an online school as “one that offers Internet-based
courses to students.” POMS RS 00205.295(A). The POMS recognizes that online schools vary considerably in the methods used
to provide education to students. According to the POMS, “[s]ome 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.” POMS
RS 00205.295(A). 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(C) and the online school is consistent with the law of the state in which the online
school is located. POMS RS 00205.295(B).
Michigan Law on Educational Institutions
Michigan recognizes public online schools as educational institutions. Michigan approved
the establishment of public “cyber schools” effective 2010 pursuant to its “schools
of excellence” legislation. 2009 Mich. Pub. Acts 205; see also Mich. Comp. Laws Ann. § 380.553a (“Cyber schools”). A “cyber school” is defined as
“a school of excellence . . . that has been issued a contract to be organized and
operated as a cyber school under section 552(2) [of the school code] and that provides
full-time instruction to pupils through online learning or otherwise on a computer
or other technology, which instruction and learning may be remote from a school facility.” Mich.
Comp. Laws Ann. § 380.551(2)(e). The Michigan school code provides that “[a] cyber
school shall provide full-time instruction to pupils through online learning or otherwise
on a computer or other technology, and this instruction and learning may occur remote
from a school facility.” Mich. Comp. Laws Ann. § 380.553a(1). A cyber school is not
required to comply with any rule requiring a pupil’s physical presence or attendance
in a classroom. Mich. Comp. Laws Ann. § 380.553a(4).
The Michigan school code permits the board of a school district that operates grades
kindergarten through 12 to issue a total of two contracts to establish a “school of
excellence” that is a cyber school. Mich. Comp. Laws Ann. §§ 380.551(2)(a)(i), 380.380.552(2),
380, 380.553a(1). In order to establish a cyber school, the school district must:
(a) be available for enrollment to all pupils in the state who were previously enrolled
in a public school; (b) offer all of grades kindergarten to 12; and (c) demonstrate
experience in serving urban and at-risk student populations through an educational
model involving a significant cyber component. Mich. Comp. Laws Ann. § 380.552(2)(a)–(c). The
school district must have an initial enrollment in a cyber school that does not exceed
400 pupils, although in the second and subsequent years of operation, a cyber school
may expand enrollment by adding one pupil for each pupil who becomes enrolled in the
school of excellence who is identified as a dropout in the Michigan student-data system. Mich.
Comp. Laws Ann. § 380.552(2)(d)–(e). Maximum enrollment at a school of excellence
that is a cyber school must not exceed 1,000 pupils. Mich. Comp. Laws Ann. § 380.552(2)(e).
A contract for a cyber school must include a requirement that a teacher who holds
appropriate certification according to state board rule will be responsible for the
following for each course: (i) improving learning by planned instruction; (ii) diagnosing
the pupil’s learning needs; (iii) assessing learning, assigning grades, and determining
advancement; and (iv) reporting outcomes to administrators and parents or legal guardians. Mich.
Comp. Laws Ann. § 380.553a(2)(a)(i)–(iv). A contract for a cyber school must also
include a requirement that the cyber school will make educational services available
to pupils for a minimum of at least 1,098 hours during a school year and will ensure
that each pupil participates in the educational program for at least 1,098 hours during
a school year. Mich. Comp. Laws Ann. § 380.553a(2)(b). The Michigan school code mandates
various reporting requirements for cyber schools. See, e.g., Mich. Comp. Laws Ann. §§ 380.553a(5), 380.552(2)(e).
The Michigan school code provides that a “school of excellence,” including a cyber
school, is a public school under the state constitution and is subject to the leadership
and general supervision of the state board over all public education. Mich. Comp.
Laws Ann. § 380.551(1).
We believe Westwood Cyber High School qualifies as an educational institution. Westwood
Cyber High School is part of a public school district in Michigan and receives state
funding. Accordingly, we can reasonably infer that Westwood Cyber High School is
a public school and was created in accordance with Michigan law. The POMS provide
that, absent evidence to the contrary, it should be assumed that public high schools
in the United States are educational institutions. POMS RS 00205.250(B)(1). Thus, we conclude that Westwood Cyber High School is an educational institution.
Full Time Attendance
The regulations explain at 20 C.F.R. § 404.367(a) that a person is a “full-time elementary
or secondary school student” if he or she attends a school that provides elementary
or secondary education, respectively, as determined under the law of the State or
other jurisdiction in which it is located. In addition, in order to be considered
a “full-time elementary or secondary school student,” the student must be in full-time
attendance in a day or evening noncorrespondance course of at least 13 weeks duration
and carry a subject load, which is considered full-time for day students under the
institution’s standards and practices. 20 C.F.R. § 404.367(b). The regulations provide
at 20 C.F.R. § 404.367(c) that a student is in full-time attendance if his or her
scheduled attendance is at least 20 hours per week, unless certain exceptions apply. See also POMS RS 00205.300 (“What is Full-Time Attendance”).
If you find the statements credible in this case, then B~ appears to meet the Federal
standards for full time attendance. The materials you have provided show that B~ is
enrolled in a course of study that is of at least 13 weeks’ duration. In his certification,
a project manager at Westwood Cyber High School indicated that the school’s course
of study is at least 13 weeks in duration. We believe that, if you find the statements
in this case credible, you could also find that B~ is scheduled for attendance at
the cyber school at the rate of at least 20 hours per week. B~ completed a statement
regarding school attendance (Form SSA-1372-BK), in which he indicated that he is scheduled
to attend school 28 hours a week. The school appears to have certified B~’s statement
regarding school attendance. In his statement regarding school attendance, B~ wrote
that currently he is scheduled to attend school “28” hours per week in line 1(d). However,
next to line 1(d), the following notations were added: “2-3 times/wk” and “3 hrs logged
in everyday.” It is unclear whether B~ wrote the additional notations or whether the
school project manager wrote the additional notation as a correction when he certified
the statement. It is also unclear whether this additional notation is a correction
to the “28” hours in line 1(d) or has some other meaning. We note that you may want
to re-contact B~ and/or the school to seek clarification on the additional notations.
Additionally, according to the school, the “required” attendance for students is 28
hours a week. The school’s statement appears to conflict with other record evidence. The
school provided an attendance report for B~, which appears to show the total minutes
B~ was online each day in September and October 2010. Based on the report, it does
not appear that B~ actually attended class online for 28 hours any week during the
two-month period. The report indicates that, in September 2010, B~ was online only
17.83 hours the first full week, 0 hours the second week, 10.05 hours the third week,
and 9.97 hours the fourth week. In October 2010, B~ was online only 8.25 hours the
first full week, 20.53 hours the second week, 23.68 hours the third week, and 18.83
hours the fourth week. Thus, the school project manager’s statement that students
are “required” to attend school 28 hours a week is not supported by B~’s attendance
report.
Similarly, B~’s statements appear to conflict with other evidence in the record. In
a statement (Form SSA-795), dated October 29, 2010, B~ stated that he was in the classroom
five to six hours per day and logged-in on the weekends for three to six hours per
day. This would mean that he attended class a minimum of 31 hours a week. However,
his attendance reports for September and October 2010 do not seem to show this level
of online attendance for that time period. One possible explanation for the inconsistency
may be that the attendance report may not reflect the time B~ spent in labs. According
to the school, students are required to attend labs a minimum of two hours a week,
but may attend more often if they wish. In any event, there appear to be conflicts
in the evidence, which you may wish to resolve because they may bear on the credibility
of the school’s and B~’s statements. However, even if you determine that B~ did not
actually attend class for the amount of time he claims, you could still find that
he was “scheduled” to attend class for at least 20 hours a week, as required by the
regulations. Thus, if you find the statements credible in this case, then we believe
that you could find that B~ has satisfied the Federal requirements for full time attendance.
CONCLUSION
We conclude that Westwood Cyber High School, which is a public online school in Michigan,
is an educational institution. If you find the statements in this case credible, then
B~ appears to satisfy the full-time attendance requirement. We therefore conclude
that you could find that B~ is a full-time secondary school student as defined under
section 202(d)(7) of the Social Security Act.
Donna L. C~
Regional Chief Counsel, Region V
By: ________________
Joo H. K~
Assistant Regional Counsel