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.