Missouri Connections Academy (MOCA) is an online public school for Missouri residents. Because MOCA is a public high school and full-time provider under the Missouri Course Access and Virtual School Program (MOCAP), it meets the requirements of being an educational institution under Missouri law.

QUESTION PRESENTED

Whether Missouri Connections Academy (MOCA), an entity located in Missouri, is an educational institution under Missouri law, and whether B~ (Claimant) is in full-time attendance for purposes of determining Claimant’s entitlement to Child’s Insurance Benefits (CIB) under Title II of the Social Security Act (Act).

ANSWER

Because MOCA is a public high school and full-time provider under the Missouri Course Access and Virtual School Program (MOCAP), it meets the requirements of being an educational institution under Missouri law. Claimant also met the state and federal full-time attendance standards through her enrollment in MOCA. So, we believe the agency could reasonably conclude Claimant was a full-time elementary or secondary school student for purposes of determining Claimant’s entitlement to CIB beginning with her 18th birthday and ending with her graduation from MOCA in May 2023.

BACKGROUND

According to the information provided, Claimant’s entitlement to a period of CIB depends on whether MOCA is an educational institution. Claimant, a Missouri resident, turned 18 in January 2023, at a time she was attending MOCA.

Claimant completed a Student’s Statement Regarding School Attendance form (Form SSA-1372), signed November XX, 2022. Claimant stated that she was in full-time attendance at MOCA, a school located in Missouri,^[1] and that MOCA is an online high school. Claimant reported that her school year began on September 15, 2022 and would end in May 2023. Claimant also reported she was scheduled to attend 30 hours per week and expected to graduate in May 2023. K~, the Manager of Counseling Services at MOCA, completed the Certification by School Official page of Form SSA-1372 and certified that the information Claimant provided was correct. K~ also certified MOCA’s course of study lasted at least 13 weeks, and that MOCA operates on a yearly basis.

In March 2023, K~ informed the agency that all courses offered by MOCA are approved by the Missouri Department of Elementary and Secondary Education (DESE). She stated that MOCA does not track the total amount of hours or minutes their students spend online, but monitors the amount of time they spend on their assessments and the school keeps attendance records. Their students work with teachers in large groups and in one-on-one settings. Students also work independently. Students meet with their teachers through Zoom LiveLessons, Google Meet, phone conversations, field trips, and state required testing. Students also interact with other students during whole group/small group instruction, field trips, and school-wide assemblies.

In a follow up October 2023 letter, K~ attested Claimant attended MOCA as a full-time student from August 2021, through May 2023. She also noted that MOCA is a recognized public school in Missouri with the Sturgeon R-V School District.

The Missouri DESE website lists MOCA as a public school in the Sturgeon R-V School District.^[2] See MO DESE, Missouri School Directory, Missouri School Directory by District (1).pdf (last visited Oct. 7, 2024). The website also identifies MOCA as an A+ designated public school.^[3] See MO DESE, A+ Designated Schools, A+ Designated Schools | Missouri Department of Elementary and Secondary Education (mo.gov) (last visited Oct. 7, 2024). The website explains that Missouri’s virtual school program, MOCAP, allows parents to enroll their students, partially or full-time, in online courses. See MO DESE, MOCAP, FAQS For Parents & Students, FAQs – MOCAP (last visited Oct. 7, 2024). The website provides a list of course and full-time providers and lists MOCA as a full-time hosted provider with the Sturgeon R-V School District. See id. The website includes a page for MOCA with links to course information, a modifications and accommodations checklist, and student expectations. See MO DESE, MOCAP, Missouri Connections Academy – Sturgeon R-V School District, Missouri Connections Academy-Sturgeon R-V School District – MOCAP (last visited Oct. 7, 2024). MOCA’s student expectations document states attendance is marked daily and students are expected to attend six hours per day. See MOCA Students Expectations, 23-24-Student-Expectations_MOCA-Sturgeon.pdf (last visited Oct. 11, 2024). The MOCAP website also explains that MOCAP students should plan to spend at least one hour a day, five days a week on each course, similar to what a student would spend in a course at a local “brick and mortar” school. See MO DESE, MOCAP, Parents, Parents – MOCAP(last visited Oct. 7, 2024).

The MOCA website describes MOCA as a tuition-free online public school for Missouri residents. See MOCA, Creating Opportunity, About Missouri Connections Academy - Online School in Missouri (last visited Oct. 16, 2024); MOCA, Online Public School Costs, Costs and Fees for Missouri Connections Academy (last visited Oct. 17, 2024). The website states that MOCA is operated and authorized in partnership with the Sturgeon R-V School District, which has contracted with MOCA to provide its educational program to students grades kindergarten through 12. MOCA, Online Public School in Missouri, Missouri Connections Academy Program Approval | Program Approval (last visited Oct. 16, 2024). MOCA’s teachers are Missouri state-certified. See MOCA, Learn About MOCA, About Missouri Connections Academy - Online School in Missouri (last visited Oct. 16, 2024). MOCA provides courses in several subject areas, including English, language arts, math, science, and social studies. See MOCA, Curriculum that Expands Minds, Online Curriculum - Missouri Connections Academy (last visited Oct. 16, 2024). MOCA’s website states its curriculum is aligned with Missouri standards. See id. (answer to “What curriculum does Missouri Connections Academy Provide?”). MOCA also offers a range of special education services for students with Individualized Education Programs (IEPs). See MOCA, Special Education at MOCA, Special Education Learning Program - Missouri Connections Academy (last visited Oct. 16, 2024). Teachers will work one-on-one with MOCA students and their parents to instruct, review assignments, and customize curriculum. See MOCA, How it Works in Missouri, How Does Online School Work in Missouri? - Connections Academy (last visited Oct. 16, 2024). Students also regularly participate in real-time online learning lessons with teachers and other students. See MOCA, Daily School Schedules, Explore Sample School Schedules of Online Students – Missouri Connections Academy (last visited Oct. 16, 2024). All students are required to take State standardized tests and MOCA is accountable to regulatory authorities for student performance. See MOCA, Frequently Asked Questions, Frequently Asked Questions About Missouri Connections Academy (answer to “Is Missouri Connections Academy homeschooling?”).

ANALYSIS

I. Federal Law: Full-time Elementary or Secondary School Student Under the Act for CIB.^[4]

The Act provides for the payment of CIB to certain applicants over the age of 18 who are full-time elementary or secondary school students. Act § 202(d)(1)(B)(i), (d)(7)(A), 42 U.S.C. § 402(d)(1)(B)(i), (d)(7)(A); see 20 C.F.R. §§ 404.350(a)(5), 404.367; Program Operations Manual System (POMS) RS 00205.001A. An individual may qualify as a “full-time elementary or secondary school student” if the individual attends an educational institution, i.e., a school that provides elementary or secondary education (12th grade or below) according to the law of the state where the school is located. See Act § 202(d)(7)(A), (d)(7)(C), 42 U.S.C. § 402(d)(7)(A), (d)(7)(C); 20 C.F.R. § 404.367(a), (e); POMS RS 00205.001A, RS 00205.200A; see also POMS RS 00205.295A (providing an online school qualifies as an educational institution as long as it meets state law criteria for any state it maintains a physical presence). The agency generally presumes public high schools located in the United States are educational institutions absent evidence to the contrary. See POMS RS 00205.250.B.1.

Additionally, an individual must attend school full time to qualify as a “full-time elementary or secondary school student.” Act § 202(d)(7)(A), 42 U.S.C. § 402(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.001A, RS 00205.300A. An individual is in full-time attendance if the individual is attending an educational institution and meets both state and federal standards for full-time attendance. See Act § 202(d)(7)(A), 42 U.S.C. § 402(d)(7)(A); 20 C.F.R. § 404.367(a)-(c); POMS RS 00205.295B, RS 00205.300A. An individual meets the state standards for full-time attendance if a qualifying educational institution considers the individual to be a full-time student based on the institution’s standards and practices. See Act § 202(d)(7)(A), 42 U.S.C. § 402(d)(7)(A); 20 C.F.R. § 404.367(b); POMS RS 00205.300B, RS 00205.350C.1. An individual meets the federal standards for full-time attendance if the individual is scheduled to attend school at the rate of at least 20 hours per week and is enrolled in a noncorrespondence course of at least 13 weeks duration. See Act § 202(d)(7)(A), 42 U.S.C. § 402(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300C. Entitlement to CIB based on student status ceases the first full month the individual is no longer attending an educational institution full-time. See Act § 202(d)(1)(F)(i), (6)(D)(i), 42 U.S.C. § 402(d)(1)(F)(i), (6)(D)(i); 20 C.F.R. § 404.352(b)(3); POMS RS 00203.035B.2.b.

Here, the information provided shows that before her May 2023 high school graduation, Claimant met the federal standards for full-time attendance. Claimant stated that she attended MOCA 30 hours per week, in excess of the number of hours required for full-time attendance. See 20 C.F.R. § 404.367(c); POMS RS 00205.300C. A MOCA school official verified that the information Claimant provided was correct. The MOCA school official also certified that Claimant’s course of study was at least 13 weeks in duration. See 20 C.F.R. § 404.367(b); POMS RS 00205.300C. MOCA also provides noncorrespondence courses, as students have ongoing interaction with both teachers and students in group settings, and students also interact with teachers one-on-one. See POMS RS 00205.330A (defining “correspondence school” as “a school that teaches by mailing lessons and exercises to the student” that the student then returns to the school for grading), PR 07905.039E (PR 02-050) (concluding school was not a correspondence school where students had access to teachers throughout semester).

Although the evidence shows Claimant met the federal standards for full-time attendance, Claimant must still show she met the state standards for full-time attendance and MOCA is an educational institution in Missouri, the jurisdiction where it is located. See 20 C.F.R. § 404.367(a), (b); POMS RS 00205.275B, RS 00205.300A, B. Therefore, we look to Missouri law to determine if Claimant was a full-time elementary or secondary school student under the Act prior to her May 2023 graduation.

II. State Law: Educational Institution and Full-Time Standards under Missouri Law

Under Missouri law, generally every child between the ages of 7 and 17^[5] must attend a public, private, parochial, parish, home, or Family Paced Education (FPE) school^[6] or a combination of such schools not less than the entire school term of the school which the child attends.^[7] See Mo. Ann. Stat. § 167.031.1, 4. Missouri has established a system of free public schools throughout the State for the gratuitous instruction of persons between the ages of 5 and 21. See Mo. Ann. Stat. § 160.051.1. A “Public school” includes elementary and high schools operated at public expense. See Mo. Ann. Stat. § 160.011(7).

Missouri’s Board of Education offers school-age students residing in the State virtual classroom instruction through the MOCAP. See Mo. Ann. Stat. § 161.670.1 (requiring State board of education to establish MOCAP). Students enrolled in the program use technology, intranet, or intranet methods of communication to receive classroom instruction. See id. Students can take online courses through the program in addition to traditional school or enroll in a full-time virtual program. See Mo. Ann. Stat. § 161.670.3(1), (4); MO DESE, MOCAP, FAQS For Parents & Students, FAQs – MOCAP. School Districts receive state school funding for resident students taking a virtual course or for offering a full-time virtual program. See Mo. Ann. Stat. § 162.1250.1. A “full-time equivalent student” is a student who is enrolled in the “instructional equivalent of six credits per regular term.” Mo. Ann. Stat. § 161.670.2(2). Each course taken through the program “shall count as one class and shall generate that portion of a full-time equivalent that a comparable course offered by the school district would generate.” Mo. Ann. Stat. § 161.670.2.

A host school district may contract with a provider to perform any required services involved with providing students free virtual courses or a full-time virtual free public education. See Mo. Ann. Stat. § 161.670.3(16); Mo. Code Regs. Ann. tit. 5, § 20-100.230(4)(B)(1)(A). The Missouri DESE continuously monitors and approves providers and courses. See Mo. Ann. Stat. § 161.670.3(13). The Missouri DESE’s authorization process includes ensuring the provider’s comprehensive course of study aligns to State academic standards and there is consistency and compatibility in the curriculum used by all providers from one grade to the next. See Mo. Ann. Stat. § 161.670.6(3). Full-time providers must also adhere to certain special education and Section 504 requirements,^[8] including providing an accommodations and modifications checklist to the Missouri DESE, and working with school district staff to ensure any student’s IEP goals are being met and the student has all required accommodations or modifications. See Mo. Code Regs. Ann. tit. 5, § 20-100.230(8)(B)(5)(A). Full-time providers must also provide regular progress reports for each student at least four times a year and provide certain reports to the Missouri DESE, including student membership in a full-time program. See Mo. Ann. Stat. § 161.670.4(2); Mo. Code Regs. Ann. tit. 5, § 20-100.230(4)(B)(1).

Teachers and administrators employed by the provider are considered employed in a public school for certification purposes. See Mo. Ann. Stat. § 161.670.9; see also Mo. Ann. Stat. §§ 168.011.1, 168.021 (requiring teachers in public schools obtain a license to teach). MOCAP providers must ensure students have weekly, ongoing interaction with their teachers and provide students multiple methods of communication with their teachers, such as email, telephone, or online chat. See Mo. Code Regs. Ann. tit. 5, § 20-100.230(2)(B). Full-time providers must also post on their websites and notify parents/guardians of their policies regarding academic integrity, internet etiquette, plagiarism, privacy, and the consequences for failing to complete required instructional activities. See Mo. Ann. Stat. § 161.670.4(3); Mo. Code Regs. Ann. tit. 5, § 20-100.230(2)(B), (8)(B)(1). Missouri regulations also include additional requirements related to teacher interaction, the enrollment process, student disenrollment, notification of school policies, record access, student personally identifiable information, student-teacher ratios, teacher or course changes, course numbering, and course work and student progress reporting. See Mo. Code Regs. Ann. tit. 5, § 20-100.230(2)(B), (4)(B), (6), (8)(B). Except as specified in section 161.670 of the Missouri Code Annotated or in a State Board of Education rule, the MOCAP program must comply with all laws and regulations applying to schools districts. See Mo. Ann. Stat. § 161.670.9. Students enrolled with MOCAP full-time providers receive high school diploma’s from the host school district. See MOCAP, FAQS for Parents and Students, FAQs – MOCAP.

The information available shows MOCA is a public school providing secondary and elementary education under Missouri law. See 20 C.F.R. § 404.367(a), (e); POMS RS 00205.001A, RS 00205.200A, RS 00205.295. The Missouri DESE identifies MOCA as both a public school and a MOCAP full-time provider hosted by the Sturgeon R-V School District. See MO DESE, Missouri School Directory, Missouri School Directory by District (1).pdf; MO DESE, MOCAP, FAQS For Parents & Students, FAQs – MOCAP; see also MOCA, Online Public School Costs, Costs and Fees for Missouri Connections Academy. Missouri students enrolled in MOCA through the MOCAP program do not pay a fee, and their education is at public expense. See Mo. Ann. Stat. §§ 160.011(7),162.1250.1; MOCA, Creating Opportunity, About Missouri Connections Academy - Online School in Missouri. In addition, MOCA’s teachers and administrators are considered employed by a public school, and MOCA appears to comply with requirements that students have ongoing interaction with their teachers and are able to communicate with their teachers through multiple methods, such as telephone, and online chat. See Mo. Ann. Stat. § 161.670.9; Mo. Code Regs. Ann. tit. 5, § 20-100.230(2)(B); MOCA, Learn About MoCA, About Missouri Connections Academy - Online School in Missouri; MOCA, Daily School Schedules, Explore Sample School Schedules of Online Students – Missouri Connections Academy. The fact the Missouri DESE MOCAP website lists MOCA as a full-time provider reflects the Missouri DESE has authorized MOCA and MOCA’s curriculum aligns with State academic standards. See Mo. Ann. Stat. § 161.670.6(3); see also MOCA, Curriculum that Expands Minds, Online Curriculum - Missouri Connections Academy. With regard to special education, the MOCAP website includes a link to MOCA’s accommodations and modifications checklist and MOCA’s website explains that MOCA offers a range of special education services for students with IEPs. See Mo. Code Regs. Ann. tit. 5, § 20-100.230(8)(B)(5)(A); MOCA, Special Education at MOCA, Special Education Learning Program - Missouri Connections Academy; MO DESE, MOCAP, Missouri Connections Academy – Sturgeon R-V School District, Missouri Connections Academy-Sturgeon R-V School District – MOCAP.

Although we could not find MOCA’s policies regarding academic integrity, internet etiquette, plagiarism, privacy, and the consequences for failing to complete required instructional activities on its website, the website includes a “Login” button. See Mo. Ann. Stat. § 161.670.4; Mo. Code Regs. Ann. tit. 5, § 20-100.230(2)(B)(4), (8)(B)(1); MOCA, Overview of MOCA, Discover Missouri Connections Academy - Missouri's Free Virtual School. Thus, the policies could be available online to students and parents/guardians with an account. In any event, Missouri DESE’s recognition of MOCA as a public school indicates either MOCA is in compliance with all laws applicable to MOCAP full-time providers or any non-compliance is not significant enough for the DESE to exercise its discretion to revoke or suspend its authorization of MOCA. See Mo. Code Regs. Ann. tit. 5, § 20-100.230(1)(A) (providing failure of a provider to stay in compliance with the regulations “may” result in the DESE revoking, suspending, or taking corrective action regarding its authorization of the provider or course); see also MO DESE, Missouri School Directory, Missouri School Directory by District (1).pdf; MO DESE, A+ Designated Schools, A+ Designated Schools | Missouri Department of Elementary and Secondary Education (mo.gov). Students, such as Claimant, who have graduated from MOCA, would receive a high school diploma from the Sturgeon R-V School District, MOCA’s host district. See MOCAP, FAQS for Parents and Students, FAQs – MOCAP. It is this agency’s policy to presume public high schools located in the United States are educational institutions absent evidence to the contrary. See POMS RS 00205.250.B.1.

The evidence also shows that Claimant’s attendance at MOCA satisfied the Missouri requirements for full-time attendance. A student enrolled in a MOCAP program is considered by the State to be full-time if they carry “the instructional equivalent of six credits per regular term.” Mo. Ann. Stat. § 161.670.2(2). The MOCAP website also explains that MOCAP students should plan to spend at least one hour a day, five days a week on each course, similar to what a student would spend in a course at a local “brick and mortar” school. MO DESE, MOCAP, Parents, Parents – MOCAP. MOCA’s student expectations document on the MOCAP website also states it expects students to attend school six hours per day. See MOCA Students Expectations, 23-24-Student-Expectations_MOCA-Sturgeon.pdf. Claimant reported she attended school 30 hours per week, which is consistent with 6 hours per day, 5 days a week. Claimant’s hours are also consistent with enrollment in six courses. A MOCA school official explained that MOCA monitors the amount of time students spend on assessments and keeps attendance records. The school official confirmed Claimant’s statement that she attended MOCA full time at 30 hours per week.^[9] See 20 C.F.R. § 404.367(c). In a subsequent letter, the school official stated Claimant attended MOCA full time from August 2021, through May 2023, the month Claimant reported she was expected to graduate. See POMS RS 00205.350C.1 (providing the agency accepts the school official’s statement that the school considers the student to be in full time attendance according to its standards and practices).

In sum, the evidence is sufficient to show that MOCA is a public high school. Claimant has also demonstrated that she met the federal and Missouri standards for full-time attendance prior to her May 2023 graduation. See 20 C.F.R. § 404.367(b); POMS RS 00205.295B, RS 00205.300B, C. So, we believe the agency could reasonably conclude Claimant was a full-time elementary or secondary school student for purposes of determining Claimant’s entitlement to CIB beginning with her 18th birthday and ending with her high school graduation in May 2023. See 20 C.F.R. § 404.352(b)(3); POMS RS 00203.035B.2.b.

CONCLUSION

Because MOCA is a public high school and full-time provider under the MOCAP, it meets the requirements of being an educational institution under Missouri law. Claimant also met the state and federal full-time attendance standards through her enrollment in MOCA. So, we believe the agency could reasonably conclude Claimant was a full-time elementary or secondary school student for purposes of determining Claimant’s entitlement to CIB beginning with her 18th birthday and ending with her graduation from MOCA in May 2023.

The Missouri Virtual Instruction Program (MoVIP) provides elementary and secondary education under Missouri law. A student who attends MoVIP 20 hours per week and receives six credits of instruction per term is in compliance with state law. MoVIP is an educational institution (EI) for SSA purposes. If a student alleges full-time attendance at an online school in Missouri other than the MoVIP, the adjudicator should follow the instructions in RS 00205.295 and GN 01010.815 to obtain a legal precedent opinion about its EI status.

You have requested our opinion as to whether the Missouri "Virtual Instruction Program" (or, "MoVIP"), a new state Internet teaching program, qualifies under section 202(d)(7) of the Social Security Act (the Act), 42 U.S.C. § 402(d)(7), as a school that provides elementary or secondary education in accordance with the laws of the state. We believe that the new MoVIP program satisfies Social Security criteria, either used alone or in conjunction with an otherwise-qualified school or home school program, to confer upon a student otherwise complying with SSA regulations, the status of a student in full-time attendance (FTA) at an educational institution.

FACTUAL BACKGROUND

The MoVIP was signed by the Governor of Missouri on June 12, 2006, and was published at Mo. Rev. Stat. § 161.670 (2007). It provides that the state board of education is to establish a "virtual public school," for the school year beginning in 2007. The MoVIP is expected to "offer instruction in a virtual setting using technology, intranet, and/or Internet methods of communication." See Mo. Rev. Stat. § 161.670.1. A "full-time equivalent student" is a student who has "successfully completed the instructional equivalent of six credits per term." Each "virtual course shall count as one class and shall generate that portion of a full-time equivalent that a comparable course offered by the school district would generate." See Mo. Rev. Stat. § 161.670.2. In addition, the virtual instruction program must comply with all laws and regulations applying to schools. See Mo. Rev. Stat. § 161.670.4. Students participating in the program are guided in their studies by Missouri certified teachers, and courses are to be delivered through use of the Internet, including streaming audio and video, e-mail, chat rooms, bulletin boards, and so on. Teachers are to directly communicate with students via telephone, e-mail, instant messaging, and discussion forums. See "MoVIP Frequently Asked Questions," http://dese.mo.gov/divimprove/curriculum/movip/faq.html .

You recently received an inquiry from Curt F~, Ph.D., Director of Virtual Education, Missouri Department of Elementary and Secondary Education, regarding the MoVIP. He stated the first school term under the program was to begin in August 2007. You asked for a precedential opinion regarding whether students using the MoVIP are in full-time attendance in an educational institution, pursuant to 42 U.S.C. § 402(d) (2007).

Analysis and Opinion

Section 202(d) of the Social Security Act provides that child's insurance benefits usually terminate when the child attains age 18. See 42 U.S.C. § 402(d)(6) and (7). Entitlement to child's benefits may continue, however, if (among other things) the child "was a full-time elementary or secondary student and had not attained the age of 19." See 42 U.S.C. § 402(d)(1). A full-time elementary or secondary student is defined as an individual who is in full-time attendance as a student at an elementary or secondary school, as determined by the Commissioner in the light of the standards and practices of the schools involved. See id. at § 402(d)(7)(A). An elementary or secondary school is defined as "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." Id. at § 402(d)(7)(C)(i). See also POMS RS 00205.200 (defining "educational institution). Except for two specific exceptions noted in the Social Security regulations, the student must be scheduled to attend school for at least 20 hours per week in order to be considered in full-time attendance. See 20 C.F.R. § 404.367(c) (2007).

In order to qualify for benefits, a full-time student may attend a school that provides elementary or secondary education as determined under the laws of the state where the school is located; or study as a home school student, a correspondence student, or an independent study. See 20 C.F.R. § 404.367(a). While several of these programs would provide an adequate framework for analyzing the MoVIP, the program seems most similar to an independent study program. Agency regulations provide that a student qualifies for benefits if he/she is participating in "an independent study elementary or secondary education program in accordance with the law of the State or other jurisdiction in which you reside which is administered by the local school or school district/jurisdiction." 20 C.F.R. § 404.367(a)(2). See also POMS RS 00205.285 ("Independent study programs are run by local education agencies . . . in accordance with specific State law requirements, and the credits earned count toward high school graduation. The programs involve periodic teacher contact, direction, and testing on campus, with the student making academic progress generally through independent study at home."). As noted above, the MoVIP program is conducted through regular contact with certified teachers who provide online lectures and personal direction, the students are expected to complete all required state testing, and most academic progress is expected to be the result of study at home. See Mo. Rev. Stat. § 161.670.4. The program is also meant to work smoothly as a part of other education programs, including regular school attendance. See "Greetings from Missouri's K-12 Virtual Instruction Program (MoVIP)," http://dese.mo.gov/divimprove/curriculum/movip/gen_info.html (students may wish to participate in MoVIP to expand on home or private school programs, or if a particular topic is not offered at the student's school of regular attendance). Because a student participating in MoVIP is complying with state law, he or she is participating in an independent study "educational institution."

While MoVIP is an educational institution, a student using the program must still be in "full-time attendance" in order for it to meet the federal standard. In other words, having determined that MoVIP is an "educational institution," the child's attendance must still be assessed to determine if he is attending at least 20 hours per week. The POMS state that each student must meet both state standards for full-time schooling, as well as the Commissioner's 20-hour per week standard. See 20 C.F.R. § 404.367(b) ("You are in full-time attendance in a day or evening noncorrespondence course of at least 13 weeks duration and you are carrying a subject load which is considered full-time for day students under the institution's standards and practices"); POMS RS 00205.285. First, a student attending MoVIP for all of her schooling is considered by the state to be full-time if she carries "the instructional equivalent of six credits per term." See Mo. Rev. Stat. § 161.670.2. Therefore, in order to meet the state standard, the factfinder will have to assess whether the student is receiving the required six credits. The student must also be attending the school 20 hours per week. See 20 C.F.R. § 404.367(b) (2007). Because of the demands of obtaining 6 credits, it appears likely that any MoVIP student will also be receiving the required 20 hours of instruction if she is taking the required 6 credits, but both the regulations and POMS state that such an analysis must be undertaken.

In addition, it appears that the MoVIP envisions children using the school either for all of their schooling, or in combination with regular school attendance or a home school program. Therefore, separate analysis may be required for each type of schooling involved in the student's education, in order to determine if the requisite 20 hours of instruction are present. See 20 C.F.R. § 404.367(c).

In summary, based on the information provided, the claimant enrolled in 6 credits of MoVIP and attending 20 hours per week would be a full-time student for the purposes of receipt of Title II benefits.

While it is reasonable to conclude that most students attending Ombudsman Learning Center can be considered full-time students, if there are cases in which there are questions as to the validity of a student's "outside" activities, please request further advice.

Frank V. S~ III

Chief Counsel

By

Stacy A. M~

Assistant Regional Counsel