I. Federal Law
Section 202(d)(1)(B) of the Social Security Act provides for the payment of benefits
to certain applicants who have not attained the age of eighteen (18) or are full-time
students under the age of nineteen (19). See 42 U.S.C. §§ 402(d)(1)(B), 402(d)(7)(A);
20 C.F.R. § 404.350(a)(5). An “elementary or secondary school” is an educational institution
that provides elementary or secondary education, 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); 20
C.F.R. § 404.367(a). A student receiving home school instruction or who is in an independent
study program, in accordance with the law of the state or other jurisdiction in which
he or she resides, is also considered a secondary school student under agency regulations.
20 C.F.R. § 404.367(a)(1)-(2).
Regardless of whether the individual attends an educational institution that provides
elementary or secondary education, receives qualified home school instruction, or
is in a qualified independent study program, he or she must be in full-time attendance
in a non-correspondence course of at least 13 weeks’ duration and his or her scheduled
attendance must be at a rate of at least 20 hours per week. 20 C.F.R. § 404.367(a)-(c).
The individual must also not receive compensation from an employer while attending
school, be enrolled in grade 12 or below, and not subject to the provisions of Section
404.468 for nonpayment of benefits to certain prisoners and certain other inmates
of publicly funded institutions. 20 C.F.R. § 404.367(d)-(f).
II. District of Columbia Law on Homeschooling
The Claimant alleges that she attends home school in Washington, D.C. Every child
between the ages of five and 17 residing in the District of Columbia must receive
an education. D.C. Code § 38-202(a). Under District of Columbia law, the Office of
State Superintendent of Education (OSSE) administers and implements District of Columbia’s
home schooling regulations. 5-E D.C. Mun. Regs. § 5201.1. In relevant part, the regulations
implementing District of Columbia’s home schooling program require the following:
• A parent who chooses to provide home schooling shall notify the OSSE of his or her
intent to home school a child at least fifteen (15) days prior to the first date of
home instruction, 5-E D.C. Mun. Regs. § 5202.1;
• For each year in which a home schooling program continues, the parent shall file
a Home Schooling Notification Form identifying the child being home schooled no later
than August 15th of each year, 5-E D.C. Mun. Regs. § 5203.1;
• The home schooling program must provide “thorough, regular instruction of sufficient
duration to implement the home school program,” 5-E D.C. Mun. Regs. § 5204.1(a);
• The home schooling instruction must include, at a minimum, language arts, mathematics,
science, social studies, art, music, health, and physical education, 5-E D.C. Mun.
Regs. § 5204.1(b);
• The parent or legal guardian administering the program must maintain a portfolio
of the home schooling materials including evidence of the child’s current work (e.g.,
“the child’s writing, worksheets, workbooks, creative materials, assessments, or any
other materials that demonstrate that the child is engaged in thorough, regular educational
activities in a range of subjects),” 5-E D.C. Mun. Regs. § 5205.1 and
• Parents or legal guardians wishing to be their child’s instructors must hold a high
school diploma or its equivalent. 5-E D.C. Mun. Regs. § 5207.1.
III. The Claimant's Home School Program Meets the Requirements of
District of Columbia Law.
Based on the evidence presented, the Claimant’s home school program satisfies the
standards of District of Columbia law for home schooling.
First, as required by 5-E D.C. Mun. Regs. § 5202.1, the Claimant’s parents appear
to have timely notified the District of Columbia of their intent to home school the
Claimant, as evidenced by OSSE’s August 28, 2013 acknowledgment of their Notice of
Intent.
Second, as required by 5-E D.C. Mun. Regs. § 5203.1, the Claimant’s parents timely
submitted the required annual update showing their intent to continue home schooling
for the Claimant for the current academic year (2019-2020).
Third, while not specifically defined under the District of Columbia home schooling
regulations, the Claimant’s home school program appears to satisfy the “thorough,
regular instruction of sufficient duration to implement the home school program” requirement
of 5-E D.C. Mun. Regs. § 5204.1(a). In particular, the evidence provided by the Claimant
documents that she receives 35 hours of instruction per week and that her school year
lasts at least 13 weeks.
Fourth, the evidence provided by the Claimant indicates that she has received and
will receive instruction in AP Literature (English-Language Arts), Spanish, Calculus-Statistics
(Mathematics), Physics (Science), Honors Art History (Social Studies), U.S. Government
(Social Studies), and Psychology (Social Studies), World Religions, Classic Piano
(Fine Arts/Music), Ballet (Physical Education) and Performing Arts (Physical Education).
The agency obtained confirmation that the Claimant’s curriculum also included health
education, as required by 5-E D.C. Mun. Regs. § 5204.1(b).
Fifth, the agency confirmed that a portfolio of the Claimant’s current schoolwork
is maintained and available upon demand, as required by 5-E D.C. Mun. Regs. § 5205.1.
Sixth, while it does not appear that the Claimant’s parents provide instruction as
part of her home school program, the Claimant submitted a list of her primary teachers
with their educational backgrounds and relevant experience, and each of them have
at least a college degree. 5-E D.C. Mun. Regs. § 5207.1.
Accordingly, the Claimant’s home school program satisfies the standards of District
of Columbia law.
IV. The Claimant’s Home School Program Meets the Requirements of
Federal Law.
The Claimant’s home school program also satisfies the requirements of federal law.
20 C.F.R. § 404.367(a)-(c). First, as set forth above, the Claimant participates in
instruction provided at home in accordance with the home school law of the District
of Columbia, the jurisdiction in which she resides. 20 C.F.R. § 404.367(a). Second,
the Claimant is not in a correspondence course and indicated that her course work
will last more than 13 weeks. 20 C.F.R. § 404.367(b)[1] . Third, and finally, the Claimant indicated that she is attending school more than
20 hours per week. 20 C.F.R. § 404.367(c).