23 Miss. Code. R. 102-6.15

Current through December 10, 2024

Rule 23-102-6.15 - Student Status as an Eligibility Requirement - ABD Programs

A. A child under age eighteen (18) who does not expect to earn over $65 in any month meets the definition of a child without regard to student status.

B. Student status must be explored whenever an applicant or recipient between the ages of eighteen (18) and twenty-two (22) alleges being a student.

1. An individual meets the definition of a child for purposes of allocation and budgeting if he is :

a) Under age twenty-two (22); and

b) Regularly attending school, college or training designed to prepare him for a paying job.

1) Regular attendance means the individual takes one or more courses of study and attends classes:

(a) In a college or university for at least eight (8) hours a week under a semester or quarter system;

(b) In grades seven to twelve (712) for at least twelve (12) hours a week; or

(c) In a course of training to prepare him for a paying job for at least fifteen (15) hours a week if the course involves shop practice or twelve (12) hours a week if it does not involve shop practice.

(d) This kind of training includes antipoverty programs, such as Job Corps and government-supported courses in self-improvement.

2) Attendance may be less than the time indicated above for reasons beyond the student's control, such as illness, if the circumstances justify the reduced credit load or attendance.

(a) Example of school attendance less than required hours: A paraplegic is forced to limit vocational school attendance to one (1) day a week due to the unavailability of transportation. Although the student is enrolled for attendance of less than twelve (12) hours a week, he qualifies as regularly attending school because lack of transportation is a circumstance beyond his control.

3) Student status is also granted to homebound students who have to stay home due to a disability.

4) Student status is granted if the child studies courses given by a school (grades seven to twelve (712), college, university or government agency and a home visitor or tutor directs the study or training.

5) A child remains a student when classes end if he attends classes regularly prior to school vacation and intends to return when school reopens.

23 Miss. Code. R. 102-6.15

42 CFR §435.601(a); 42 CFR §435.601(b) (Rev. 1993).