PR: Title II Regional Chief Counsel Precedents
TN 60 (11-17)
A. PR 17-152 Eligibility for Child’s Insurance Benefits as a Full-Time Secondary School Student Based on Studies through New Learning Resource Online
Date: September 19, 2017
1. Syllabus
New Learning Resource Online (NLRO) is an educational institution offering secondary education under Mississippi law. It is a distance learning center that allows students to receive their high school diplomas and recover necessary credits.
2. Opinion
QUESTION
You asked whether New Learning Resource Online (NLRO), an entity located in Mississippi, is an educational institution for determining if the claimant is eligible for child’s insurance benefits (CIB) as a full-time elementary or secondary school student. You also asked if the claimant is in full-time attendance based on her studies through NLRO.
OPINION
NLRO is an educational institution offering secondary education under Mississippi law. The claimant, however, is not in full-time attendance. Therefore, the claimant is not a full-time elementary or secondary school student for determining her eligibility for CIB.
BACKGROUND
According to the information provided, S~ (Claimant) was receiving CIB on the earnings record of K~, the number holder, who is entitled to disability insurance benefits. Claimant’s entitlement to CIB terminated in August 2017, when she reached age eighteen.
On July XX, 2017, Claimant completed a Student’s Statement Regarding School Attendance form (Form SSA-1372), providing a V~, Mississippi address. Claimant did not indicate whether she was in full-time attendance, but she indicated that she began attending NLRO on February 9, 2017, and expected to graduate on October 5, 2017. Claimant described NLRO as a “digital school” with a post office box in Jackson, Mississippi. Claimant reported that she was scheduled to attend NLRO for twenty hours per week. Claimant also reported that she was not disabled, married, or receiving payment from an employer to attend school.
M~ completed and signed the Certification of School Official page of Form SSA-1372 on July 18, 2017, and indicated that the information Claimant provided was correct. M~ indicated that the course of study was at least thirteen weeks in duration and that the school operated on a yearly basis. However, M~ also completed and signed the Notice of Cessation of Full-Time Attendance page of Form SSA-1372 in which he indicated that Claimant had ceased to be a full-time student as of February 9, 2017, when Claimant moved to the “digital school.”
M~ identified himself as “Director” on the Form SSA-1372 pages, but it is unclear that he has any association with NLRO. Claimant submitted a letter from M~ dated July 17, 2017, on letterhead for Southern Dreams, located in Port Gibson, Mississippi. M~ stated that Claimant “is enrolled with Southern Dreams Mentoring / Prevention Services” and “is receiving educational service from [NLRO] School.” M~ stated that he serves as the CEO of Southern Dreams and that Southern Dreams had three components, Life Guard Career Graduation Program, Mentoring Program, and Southern Dreams/Prep for Success Development Program.
Southern Dreams’ website indicates that Southern Dreams is located in Port Gibson, Mississippi, and lists M~ as a member of its administrative staff. See Southern Dreams, About, http://southerndreams14.wixsite.com/wewbsite/about (last visited Sept. 8, 2017). The website describes Southern Dreams as “an at-risk advocacy and community-based program that focuses on the well being of juveniles and their families” that provides “educational services, skills building, behavior modification, technical skills and counseling by a licensed psychiatrist.” Id. Southern Dreams’ website also describes the programs that M~ mentioned in his letter. See Southern Dreams, Services, http://southerndreams14.wixsite.com/wewbsite/services (last visited Sept. 8, 2017).
NLRO’s website indicates that NLRO’s main office is located in Jackson, Mississippi. See NLRO, Contact Us, http://nlro.org (last visited Sept. 8, 2017).1 NLRO’s website states that NLRO is “a state, regionally, and nationally accredited distance learning program with a straight-forward delivery system that anyone can use.” NLRO, About Us, http://nlro.org (last visited Sept. 8, 2017). The website also states that NLRO “offers a flexible and hassle-free environment for learners to earn their high school diplomas,” with “year-round open enrollment so learners can get started whenever they like.” Id. NLRO has no maximum age limit to participate in the program, and “adult learners and students” can proceed at their own pace. Id. NLRO’s website further states that NLRO offers “[d]istance learning classes led by state-licensed instructors & subject-area specialists.” Id. The website lists NLRO’s staff as a president, a vice president, a curriculum manager, and four online coordinators. See NLRO, Message from the President, http://nlro.org/ (last visited Sept. 8, 2017); NLRO, NLRO Staff, http://nlro.org/ (last visited Sept. 8, 2017). M~ is not listed among NLRO’s staff.
NLRO’s website states that NLRO “is the distance learning division of New Learning Resources School District, which is recognized for its exemplary accreditation status.” NLRO, Accreditation, http://nlro.org/ (last visited Sept. 8, 2017). NLRO’s website indicates that New Learning Resources School District is accredited by AdvancED: the Southern Association of Colleges and School Council on Accreditation and School Improvement (SACS CASI), the Mississippi Department of Education (MDE), and the Distance Education Accrediting Commission (DEAC). See id.; see also AdvancED, Institutional Summary, http://www.advanc-ed.org/oasis2/u/par/accreditation/summary?institutionId=2951 (listing New Learning Resources, Inc.) (last visited Sept. 8, 2017); MDE, List of Nonpublic Schools Accredited by the State Board of Education, http://www.mde.k12.ms.us/docs/accreditation-library/list-of-nonpublic-schools-accredited-by-the-state-board-of-education-oct-2014.pdf?sfvrsn=2 (listing New Learning Resources, Inc., under “Special Private Schools”) (last visited Sept. 8, 2017); DEAC, http://www.deac.org/ (click on “Search Institutions” to find NLRO) (last visited Sept. 8, 2017).
In terms of earning a high school diploma, NLRO’s website states that NLRO “offers young adult learners high school diploma and credit recovery options that may be adapted to fit their busy schedules. The students can work from anywhere at any time.” NLRO, High School Students, http://nlro.org/ (last visited Sept. 8, 2017). NLRO “offers two paths to a high school diploma: a college preparatory track and a career pathway. Both of these rigorous programs offer courses in the core subject areas along with a select number of elective courses.” Id. The information directed to high school students also applies to “adult learners.” NLRO, Adult Learners, http://nlro.org/ (last visited Sept. 8, 2017).
NLRO’s Student Handbook states that NLRO “provides all course study materials, exam and assignment instructions and layouts within each course.” NLRO, Student Center/Request a Transcript, http://nlro.org/ (click on Student Handbook, p. 11) (last visited Sept. 8, 2017). NLRO’s website states that “[a]ll study guides (writing assignments, projects, short answers essays, vocabulary, multiple choice and true/false questions) must be graded by a NLRO instructor.” NLRO, Grading Scale, http://nlro.org/ (last visited Sept. 8, 2017); see NLRO, Student Center/Request a Transcript, Student Catalog & Student Handbook, http://nlro.org/ (click on Student Catalog, p. 15, Student Handbook, p. 19) (last visited Sept. 8, 2017). Exams are proctored exams, and anyone wanting to take an exam online must nominate an appropriate proctor. See Student Handbook, p. 18; Student Catalog, p. 19; NLRO, Proctor and Proctor Facility Guidelines, http://newlearningresourcesonline.com/?page_id=768 (last visited Sept. 8, 2017).
DISCUSSION
To be eligible for CIB on the earnings record of an individual entitled to disability insurance benefits, a claimant who is eighteen years of age or older and not disabled must be a “full-time elementary or secondary school student.” Social Security Act (Act) § 202(d)(1)(B)(i), (d)(7)(A); see 20 C.F.R. §§ 404.350(a)(5), 404.367 (2017)2 ; Program Operations Manual System (POMS) RS 00205.001A. A claimant may qualify as a “full-time elementary or secondary school student” if he or she attends an educational institution, i.e., a school that provides elementary or secondary education (twelfth grade or below) as determined under the law of the state in which the school is located. See Act § 202(d)(7)(A), (d)(7)(C); 20 C.F.R. § 404.367(a), (e); POMS RS 00205.001A; POMS RS 00205.200A.
A claimant also must attend school full time to qualify as a “full-time elementary or secondary school student.” See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.001A; POMS RS 00205.300A. A claimant attends full time if he or she is attending an educational institution and meets both state and Federal standards for full-time attendance. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(a), (c); POMS RS 00205.295B; POMS RS 00205.300A. Similarly, a claimant attending an online school may be considered a full-time student if the online school is consistent with the law of the state in which the online school is located (i.e., an educational institution), and meets both state and Federal standards for full-time attendance. See POMS RS 00205.295B; POMS RS 00205.300A. A claimant 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); 20 C.F.R. § 404.367(b); POMS RS 00205.300B; POMS RS 00205.350C.1. A claimant meets the Federal standards if he or she is scheduled to attend school at the rate of at least twenty hours per week, enrolled in a noncorrespondence course, and enrolled in a course of study lasting at least thirteen weeks. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300C.
NLRO’s website indicates that NLRO’s main office is located in Jackson, Mississippi. See NLRO, Contact Us, http://nlro.org (last visited Sept. 8, 2017). Therefore, we look to Mississippi law to determine whether NLRO is a school that provides elementary or secondary education.
In Mississippi, a parent, guardian, or custodian of a child must cause his or her child to enroll in and attend a public school or legitimate nonpublic school for the period that the child is of compulsory school age, except in certain limited circumstances. See Miss. Code Ann. § 37-13-91(3) (West 2017).3 Mississippi law defines a “school” as any public or nonpublic school that is in session for 180 school days, except that the nonpublic school term shall be the number of days that each school shall require for promotion from grade to grade. See Miss. Code Ann. § 37-13-91(2)(e). A “nonpublic school” is “an institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, private, church, parochial and home instruction programs.” Miss. Code Ann. § 37-13-91(2)(i). Mississippi law broadly restricts the State’s power to regulate nonpublic schools. See Miss. Code Ann. § 37-13-91(9).
The requirement that a nonpublic school have a “physical plant” suggests that Mississippi would not recognize online providers such as NLRO as nonpublic schools. See Miss. Code Ann. § 37-13-91(2)(i). Mississippi has created the Mississippi Virtual Public School Program that provides for instruction via the internet in virtual or remote settings. See Miss. Code Ann. § 37-161-3. Mississippi law also provides that “district of innovation” may use distance learning and online courses. See Miss. Code Ann. § 37-179-3(2)(i). In addition, Mississippi enacted the “Distance Learning Collaborative Act of 2016,” which allows for distance learning as a “method of delivering education and instruction on an individual basis to students who are not physically present in a traditional setting such as a classroom.” Miss. Code Ann. § 37-67-1. Mississippi regulations also provide guidance to public schools regarding the use of distance learning and online courses through the Mississippi Virtual Public School, the Mississippi Interactive Video Network, independent study programs, and other distance learning or online course providers not already approved by the MDE. See Miss. Admin. Code 7-3:56.1 (West 2017). However, all of these programs involve or require the involvement of a public school.
Nevertheless, NLRO does have a physical office located in Jackson, Mississippi. See NLRO, Contact Us, http://nlro.org (last visited Sept. 8, 2017). Moreover, NLRO requested and obtained accreditation from the MDE through the State’s voluntary approval process for nonpublic schools. See Miss. Code Ann. § 37-17-7; MDE, List of Nonpublic Schools Accredited by the State Board of Education, http://www.mde.k12.ms.us/docs/accreditation-library/list-of-nonpublic-schools-accredited-by-the-state-board-of-education-oct-2014.pdf?sfvrsn=2 (listing New Learning Resources, Inc., under “Special Private Schools”) (last visited Sept. 8, 2017). Because the MDE has accredited NLRO, we believe Mississippi has recognized NLRO as a nonpublic school under Mississippi law. Therefore, NLRO is an educational institution for determining Claimant’s eligibility for CIB as a full-time secondary student.
Claimant, however, has not shown that her instruction through NLRO meets both state and Federal standards for full-time attendance. Claimant did not provide information showing that NLRO considers her to be a full-time student based on NLRO’s standards and practices. See 20 C.F.R. § 404.367(b); POMS RS 00205.300B; POMS RS 00205.350C.1. The Social Security Administration (SSA) uses Form SSA-1372 to verify attendance. See POMS RS 00205.350B. The student completes and signs page two, and then a school official must complete and sign page three, the Certification by School Official portion of the form. See id. Here, M~, who describes himself as the CEO of Southern Dreams and is listed as a member of the administrative staff on Southern Dreams’ website, completed and signed the Certification by School Official page of Form SSA-1372. See Southern Dreams, About, http://southerndreams14.wixsite.com/wewbsite/about (last visited Sept. 6, 2017). M~ is not listed as a school official on NLRO’s website. See NLRO, Message from the President, http://nlro.org/ (last visited Sept. 8, 2017); NLRO, NLRO Staff, http://nlro.org/ (last visited Sept. 8, 2017). In addition, M~ completed and signed the Notice of Cessation of Full-Time Attendance page of Form SSA-1372 in which he indicated that Claimant had ceased to be a full-time student as of February 9, 2017, when Claimant moved to the “digital school.” Because an official from NLRO did not complete the Certification by School Official page of Form SSA-1372 or otherwise provide acceptable evidence about Claimant’s attendance at or instruction through NLRO, SSA cannot verify if NLRO considers Claimant full-time under NLRO’s standards and practices.
The information available also does not indicate that Claimant meets the Federal standards for full-time attendance. Claimant reported that she was scheduled to attend NLRO for twenty hours per week. As noted above, however, no NLRO school official certified Claimant’s report. See 20 C.F.R. § 404.367(c); POMS RS 00205.300C. In addition, no NLRO official certified that NLRO’s course of study is at least thirteen weeks in duration. See 20 C.F.R. § 404.367(b); POMS RS 00205.300C.
Moreover, even if a NLRO official verified that Claimant was scheduled to attend NLRO for twenty hours per week and that NLRO’s course of study is at least thirteen weeks in duration, Claimant would not meet the Federal standards for full-time attendance because the information available does not indicate that Claimant is enrolled in noncorrespondence courses. See 20 C.F.R. § 404.367(b); POMS RS 00205.300C. “Generally, a student is not in full-time attendance (FTA) based on correspondence school courses even if the correspondence school meets the definition of an [educational institution].” POMS RS 00205.330B. SSA also emphasized in 1996 that correspondence courses were insufficient to satisfy the full-time attendance requirements of the Act and regulations. See When You Are a Full-Time Elementary or Secondary School Student, 61 Fed. Reg. 38,361, 38,361-62 (July 24, 1996). To accommodate students who participate in alterative education methods, SSA revised 20 C.F.R. § 404.367 to include students enrolled in home schooling or independent study programs authorized by state (or other jurisdiction) laws. See id. at 38,362. However, SSA made clear that it would “continue to exclude from eligibility those individuals who are enrolled solely in correspondence courses. We do not believe that such courses satisfy the definition of an elementary or secondary school in the Act . . . .” Id.
The regulations and POMS do not appear to define “noncorrespondence course” or “correspondence course.” However, the POMS defines “correspondence school” as “a school that teaches by mailing lessons and exercises to the student. Upon completion, the student returns the exercises to the school for grading.” POMS RS 00205.330A. “Although the definition of ‘correspondence school’ refers to submitting materials by mail, we believe that submitting materials over the internet constitutes merely a difference in methodology rather than substance.” POMS PR 08005.048, PR 04-329 (July 19, 2004) (concluding beneficiary’s alleged home school was a correspondence course where beneficiary completed studies at home and transmitted work via internet, with no participation or instruction by his parent).
The information available indicates Claimant’s studies through NLRO are correspondence courses. NLRO’s website states that NLRO “offers a flexible and hassle-free environment for learners to earn their high school diplomas,” with “year-round open enrollment so learners can get started whenever they like,” and participants proceed at their own pace. NLRO, About Us, http://nlro.org (last visited Sept. 8, 2017). NLRO’s website also states that its programs allow participants to adapt their options “to fit their busy schedules” and “work from anywhere at any time.” NLRO, High School Students, http://nlro.org/ (last visited Sept. 8, 2017). NLRO’s Student Handbook states that NLRO “provides all course study materials, exam and assignment instructions and layouts within each course.” NLRO, Student Center/Request a Transcript, http://nlro.org/ (click on Student Handbook, p. 11) (last visited Sept. 8, 2017). In addition, “[a]ll study guides (writing assignments, projects, short answers essays, vocabulary, multiple choice and true/false questions) must be graded by a NLRO instructor.” NLRO, Grading Scale, http://nlro.org/ (last visited Sept. 8, 2017); see NLRO, Student Center/Request a Transcript, Student Catalog & Student Handbook, http://nlro.org/ (click on Student Catalog, p. 15, Student Handbook, p. 19) (last visited Sept. 8, 2017). Exams are proctored exams, and anyone wanting to take an exam online must nominate an appropriate proctor. See Student Handbook, p. 18; Student Catalog, p. 19; NLRO, Proctor and Proctor Facility Guidelines, http://newlearningresourcesonline.com/?page_id=768 (last visited Sept. 8, 2017). Thus, NLRO’s websites indicates that NLRO provides participants with all lessons, exercises, and tests, and participants return the exercises and tests to NLRO for grading. Thus, the available information indicates that Claimant’s studies through NLRO are correspondence courses as outlined on the POMS. Therefore, Claimant does not satisfy the Federal full-time attendance requirements.
CONCLUSION
Although NLRO is an educational institution under Mississippi law, Claimant does not meet the full-time attendance requirements because she did not provide the necessary verification from a NLRO official and her studies through NLRO are correspondence courses. Therefore, Claimant is not a full-time elementary or secondary school student for determining her eligibility for CIB.
B. PR 17-143 Eligibility for CIB as a Full-Time Student Based on Enrollment in Midway Christian School
Date: August 22, 2017
1. Syllabus
Midway Christian School, a small private Christian school, is considered an educational institution under Mississippi law.
2. Opinion
QUESTION
You asked whether Midway Christian School (Midway), a private entity located in Mississippi, is an educational institution and whether the claimant is in full-time attendance based on her instruction through Midway for determining the claimant’s eligibility for child’s insurance benefits (CIB).
OPINION
Midway is an educational institution under Mississippi law and the claimant meets State and Federal standards for full-time attendance for determining the claimant’s eligibility for CIB.
BACKGROUND
According to the information provided, M~ (Claimant) was receiving CIB on the earnings record of her father, M2~, the number holder. The Social Security Administration (SSA) terminated Claimant’s CIB in July 2016 following her eighteenth birthday. Claimant seeks CIB beyond the age of eighteen, alleging full-time attendance as a secondary school student at Midway.
In June 2017, Claimant completed a Student’s Statement Regarding School Attendance form (Form SSA-1372), wherein she indicated she lives in V~, Mississippi, and is in full-time attendance at Midway, located in V~, Mississippi. Claimant indicated Midway is a private school program. Claimant reported her last school year at Midway began in August 2016 and ended in May 2017. Claimant expects to graduate in May 2018. Claimant also reported she attends Midway thirty-six hours per week. Claimant indicated she is not married or disabled and no employer pays her to attend school. D~, an administrator/teacher at Midway, completed and signed the Certification of School Official page of Form SSA-1372, indicating that the information Claimant provided was correct. D~ also indicated that Midway operates on a quarterly/semester basis, and Midway’s course of study was at least thirteen weeks in duration.
DISCUSSION
To be eligible for CIB on the earnings record of an insured person entitled to old-age or disability insurance benefits, or who has died, a claimant who is eighteen years or older and not disabled must be a “full-time elementary or secondary school student.” See Social Security Act (Act) § 202(d)(1)(B)(i); 20 C.F.R. §§ 404.350(a)(5), 404.367 (2017);4 Program Operations Manual System (POMS) RS 00205.001.A. A claimant may qualify as a “full-time elementary or secondary school student” if he or she attends an educational institution, i.e., a school that provides elementary or secondary education (twelfth grade or below) as determined under the law of the State in which the school is located. See Act § 202(d)(7)(A), (d)(7)(C); 20 C.F.R. § 404.367(a), (e); POMS RS 00205.001.A; POMS RS 00205.200.A.
A claimant also must attend school full time to qualify as a “full-time elementary or secondary school student.” See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.001.A; POMS RS 00205.300.A. A claimant attends school full time if he or she is attending an educational institution and meets both State and Federal standards for full-time attendance. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(a), (b), (c); POMS RS 00205.300.A. A claimant meets the State standards of 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); 20 C.F.R. § 404.367(b); POMS RS 00205.300.B; POMS RS 00205.350.C.1. A claimant meets the Federal standards if he or she is scheduled to attend school at the rate of at least twenty hours per week, enrolled in a noncorrespondence course, and enrolled in a course of study lasting at least thirteen weeks. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300.C.
Educational Institution under Mississippi Law
Because Midway is located in V~, Mississippi, we look to Mississippi law to determine whether Midway is a school that provides elementary or secondary education. See Act § 202(d)(7)(C)(i); 20 C.F.R. § 404.367(a); POMS RS 00205.200.A. In Mississippi, a parent, guardian, or custodian of a child must cause his or her child to enroll in and attend a public school or legitimate nonpublic school for the period that the child is of compulsory school age, except in certain limited circumstances. See Miss. Code Ann. § 37-13-91(3) (West 2017).5 Mississippi law distinguishes between public schools and nonpublic schools. See Miss. Code Ann. § 37-13-91(2). Midway is not listed as a public school recognized by the Mississippi Department of Education (MDE) in the Vicksburg-Warren school district. See MDE, Miss. Dist. & Sch. Info., http://www.mde.k12.ms.us/Locations?District=157 (last visited Aug. 14, 2017). Thus, we must determine whether Midway is a nonpublic school under Mississippi law.
Under Mississippi law, a “nonpublic school” is an “institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, private, church, parochial and home instruction programs.” Miss. Code Ann. § 37-13-91(2)(i). Mississippi law broadly restricts the State’s power to regulate nonpublic schools. See Miss. Code Ann. § 37-13-91(9). Mississippi does not require accreditation of nonpublic schools. See MDE, Accreditation Frequently Asked Questions, Question 8, http://www.mde.k12.ms.us/ACCRED/faq (last visited Aug. 14, 2017). Mississippi has a voluntary nonpublic school accreditation process, but recognizes that nonpublic schools may be accredited by nonpublic school associations or groups. See id.; Miss. Code Ann. §§ 37-17-7, 37-17-9; see also U.S. Dep’t of Educ., Miss.: State Regulation of Private & Home Sch., http://www2.ed.gov/about/offices/list/oii/nonpublic/mississippi.html (last visited Aug. 14, 2017).
As an initial matter, we note the MDE website does not list Midway as an accredited nonpublic school for fiscal year 2017. See MDE, List of Nonpublic Sch. Accredited by the State Bd. of Educ., http://www.mde.k12.ms.us/docs/accreditation-library/nonpublic-school-list-for-2016-2017-revised-8-11-17.pdf?sfvrsn=2 (last visited Aug. 14, 2017). However, the evidence provided and the information on Midway’s Facebook page indicates that Midway is a small private Christian school that has been in the business of educating children since 1996. See https://www.facebook.com/Midway-Christian-School-817813134926452 (last visited Aug. 14, 2017). Midway has a physical location at 4569 Fisher Ferry Road Vicksburg, Mississippi. Id. Midway hours are Monday through Thursday from 7:45am through 3:00pm and 7:45am to 12:30pm of Friday. Id. Accordingly, the evidence establishes that Midway is a nonpublic school under Mississippi law and an educational institution for determining whether Claimant is a full-time elementary or secondary school student. See Act § 202(d)(7)(A), (d)(7)(C); 20 C.F.R. § 404.367(a); POMS RS 00205.001.A; POMS RS 00205.200.A.
Full-Time Attendance
The evidence also shows that Claimant’s study through Midway satisfies the requirements for full-time attendance. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300.A. Claimant met the State standards for full-time attendance because D~ indicated Claimant was a full-time student based on Midway’s standards and practices. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b); POMS RS 00205.300.B; POMS RS 00205.350.C.1. Claimant also met the Federal standards for full-time attendance because she reported, and D~ confirmed, that she attended Midway at least thirty-three hours per week; D~ indicated that Midway’s course of study was at least thirteen weeks in duration; and nothing in the information available indicates that Claimant took correspondence courses. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300.C.
CONCLUSION
Midway is an educational institution under Mississippi law. Further, Claimant was in full-time attendance based on her instruction through Midway.
Sincerely,
Mary Ann Sloan
Regional Chief Counsel
By: Natalie K. Jemison
Assistant Regional Counsel
Footnotes:
. NLRO’s website also is available at http://newlearningresourcesonline.com/ (last visited Sept. 8, 2017).
. All references to the Code of Federal Regulations are to the 2017 edition.
. All references to the Mississippi Code Annotated are to the West 2017 edition.
. . . All regulatory citations are to the 2017 Code of Federal Regulations.
. . . All citations to Miss. Code. Ann. are to the West 2017 version.