QUESTIONS PRESENTED
               Whether an eighteen-year old homeschooled student in Alaska qualified for child’s
                  benefits under section 202(d) of the Social Security Act, 42 U.S.C. § 402(d).
               
                
               What evidence is generally required to establish qualification for child’s benefits
                  for Alaskan homeschooled students?
               
               BRIEF ANSWER
               Because the student was in full time attendance at a secondary school recognized under
                  Alaska state law, she was eligible for child’s benefits under section 202(d) of the
                  Act during her eighteenth year.
               
                
               The evidence required to establish qualification for child’s benefits for Alaskan
                  homeschooled students includes (i) a statement that the school is not funded by the
                  State of Alaska, (ii) a statement that the student is being educated in the home by
                  a parent or legal guardian, and (iii) a completed Form SSA-1372 certifying that the
                  number of hours attended satisfy the Federal Standards for full-time attendance.
               
               SUMMARY OF FACTS
               K~, who lives in Nikiski, Alaska, reached age 18 in February 2014. She provided an
                  SSA 1372, dated in April 2014, indicating that she was in full-time attendance at
                  Broussard Awaka Way Academy Homeschool. A June 2014 report of contact from the Anchorage
                  district office indicates that the student’s homeschooling was independent of the
                  state of Alaska. The curriculum was determined by the student’s mother and purchased
                  through Christian Liberty Academy. Pursuant to the report of contact, the student
                  attended class five days a week, from 8:30 am until 3:30 pm, with a one-hour lunch
                  break. The SSA 1372 indicates that the student attended class 25-30 hours a week between
                  September and May. The student did not attend school during the summer months of June,
                  July, and August.
               
               APPLICABLE LAW AND ANALYSIS
               A.  Entitlement to Child’s Benefits During the Eighteenth Year
               The Social Security Act (the Act) provides for child’s insurance benefits if certain
                  requirements are met. 42 U.S.C. § 402(d). Under the Act, child’s insurance benefits
                  usually terminate when the child attains age 18. See 42 U.S.C. § 402(d)(6) & (7). Entitlement to child’s benefits may continue, however,
                  if 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 an individual
                  who is in full-time attendance as a student at an elementary or secondary school,
                  as determined by the Commissioner in light of the standards and practices of the schools
                  involved. 42 U.S.C. § 402(d)(7)(A). Thus, whether the student can qualify for child’s
                  benefits during her eighteenth year depends upon whether she attended an elementary
                  or secondary school full-time during that year.
               
               1. Elementary or Secondary School
               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). See also 42 C.F.R. § 404.367(a); Program Operations Manual System (POMS) RS 00205.200 (defining “educational institution” as “a school that provides elementary or secondary
                  education (grade 12 or below) as determined under the law of the State or other jurisdiction
                  in which it is located”). To provide proof of homeschooling, the POMS requires the
                  instructor to submit evidence that state requirements for homeschooling are met. POMS
                  00205.275.
               
               Here, the homeschool operated in Alaska. Accordingly, its qualification as a secondary
                  school is dependent upon the laws of the state of Alaska. To establish proof of homeschooling,
                  the instructor must provide evidence that any Alaskan requirements for homeschooling
                  are met.
               
               In Alaska, school attendance is compulsory between the ages of seven and sixteen.
                  Alaska Statutes (AS) 14.30.010(a). However, compulsory attendance is not required
                  if a child “is being educated in the child’s home by a parent or legal guardian.”
                  AS 14.30.010(b)(12). Homeschooling in Alaska is a completely de-regulated educational
                  option.[1] Parents are not required to register with the state or their local school district,
                  and homeschools not funded with public dollars are not subject to testing or any other
                  requirements.[2]
               Here, consistent with Alaska law, the student attended a homeschool taught by her
                  mother. It does not appear the homeschool was funded with public dollars: the report
                  of contact form indicates that the school was independent of the state of Alaska.
                  Accordingly, under the Act and the laws of Alaska, the student attended a secondary
                  school.
               
                2.  Full Time Attendance
               A student is in full-time attendance if she is attending an elementary or secondary
                  level school and meets both State and Federal standards for full-time attendance.
                  POMS RS 00205.300. Alaska does not have hourly attendance requirements for homeschooled students. To
                  meet the Federal Standards for full-time attendance, a student must be scheduled for
                  attendance at least 20 hours a week, be enrolled in a course that is not a correspondence
                  course,[3] and be enrolled in a course of study that is of at least 13 weeks’ duration. POMS
                  RS 00205.300.
               
               During her eighteenth year, the student was in school 25-30 hours a week, was not
                  enrolled in a correspondence course, and her course of study lasted more than 13 weeks.
                  Accordingly, under the Act, the Federal standards, and the laws of Alaska, the student
                  was in full-time attendance.
               
               CONCLUSION
               It is our opinion that during her eighteenth year, the student qualified for child’s
                  benefits under section 202(d) of the Social Security Act (the Act), 42 U.S.C. § 402(d),
                  because she was in full time attendance at a secondary school.[4]
               Because homeschooling in Alaska is completely de-regulated, the only evidence necessary
                  to establish qualification for child’s benefits as a homeschooled student is (i) a
                  statement that the school is not funded by the State of Alaska, (ii) a statement that
                  the student is being educated in the home by a parent or legal guardian, and (iii)
                  a completed Form SSA-1372 certifying that the number of hours attended satisfy the
                  Federal Standards for full-time attendance.