PREC 03-98    Definition of Institution in 38 USC §§ 101(4)(A)(iii) & 104(a)   WITHDRAWN (3/25/2005)  Citation: Vet. Aff. Op. Gen. Couns. Prec. 3-98, VAOPGCPREC 3-98, 1998

QUESTION PRESENTED:

Whether a person who is between 18 and 23 years of age and is pursuing a high school education in a home-school program is pursuing a course of instruction at an educational institution for purposes of 38 U.S.C. § 101(4)(A)(iii).

A home-school program does not constitute an institution within the meaning of 38 U.S.C. §§ 101(4)(A)(iii) and 104(a) because the program terminates when the child completes his or her course of instruction or withdraws, does not have an ongoing enrollment, and is operated for the sole purpose of serving the needs of a particular student.  Therefore, a person who is between 18 and 23 years of age and is being educated in a home-school program is not a child for purposes of 38 U.S.C. § 101(4)(A)(iii) because he or she is not pursuing a course of instruction at an educational institution.