QUESTION
You asked whether Claimant’s instruction at home in Mississippi satisfies the requirements
for eligibility for child’s insurance benefits (CIB) as a full-time student.
OPINION
Claimant has established that she qualifies as a home school student under Mississippi
law for determining her eligibility for CIB as a full-time student.
BACKGROUND
According to the information provided, A~ (Claimant) was receiving CIB on the earnings
record of her mother, B~, the number holder. Claimant turned eighteen years old in
September 2017 and has applied for a continuation of CIB as a full-time student.
On July XX, 2017, Claimant, who lives in F~, Mississippi, completed a Student’s Statement
Regarding School Attendance form (Form SSA-1372). Claimant indicated she was in full-time
attendance at or through Carthage Christian Academy (CCA), which she indicated is
a high school. Claimant reported the previous school year at CCA began on September
9, 2016, and ended on May 13, 2017. Claimant reported that she attended CCA thirty
hours per week and is expected to graduate in May 2018.
On July XX, 2017, R~, a home school counselor at CCA, completed and signed the Certification
by School Official page of Form SSA-1372 and indicated the information Claimant provided
was correct. R~ also indicated CCA’s course of study lasts at least thirteen weeks.
Claimant’s mother reported the following to the agency. Claimant studies at home from
8:00 a.m. to 2:00 p.m., Monday through Friday. The method of instruction for her schooling
is self-study from textbooks provided by CCA. The schooling is the Accelerated Christian
Education (ACE) program. Students of the program have nine weeks to complete each
set of textbooks received and then take a written test upon completion of each textbook.
Textbooks are returned to CCA at the end of each nine-week quarter. Upon Claimant’s
completion of a textbook, Claimant’s mother administers and grades a written test
and provides the test results to CCA. The subjects of study include English, Math,
Word Building, History, Algebra, Bible Study, and Science. Claimant can obtain help
on any subject from teachers at CCA. Claimant’s mother does not keep a daily attendance,
but she knows how much time Claimant has to complete the courses and ensures she does
the required course work. No computers are used. Claimant’s mother has a certificate
of enrollment in home school from Scott Central Attendance Center approving home schooling
for Claimant. Upon completion of Claimant’s courses, she will graduate as part of
the CCA senior class in May 2018, receive a high school diploma, and participate in
the graduation ceremony as if she had been attending the school in person.
Following our initial review of this matter, we requested that the agency contact
Claimant’s mother and request that she provide a copy of Claimant’s certificate of
enrollment in home school and complete and sign the Certification by School Official
page of Form SSA-1372. In response, Claimant’s mother provided the following items:
(1) a Certification by School Official page of Form SSA-1372, signed and dated by
Claimant’s mother on August XX, 2017, indicating that the information Claimant provided
on Form SSA-1372 was correct and that Claimant’s course of study lasts at least thirteen
weeks; (2) a Verification of Compliance from the Mississippi Department of Education,
Office of Compulsory School Attendance Enforcement, dated and electronically signed
by T~, School Attendance Officer, on September XX, 2012, indicating that Claimant
was in compliance with the compulsory school attendance law; and (3) a Mississippi
Department of Education, Certificate of Enrollment, dated September 5, 2017, identifying
T~ as the Student Attendance Officer and indicating the type of education program
in which Claimant is enrolled is “Home Instruction.”
DISCUSSION
To be eligible for CIB on the earnings record of an individual who is entitled to
old-age or disability insurance benefits, an individual who is eighteen years of age
or older and not disabled must be a “full-time elementary or secondary school student.”
Social Security Act (Act) § 202(d)(1)(B)(i), (d)(7)(A); see 20 C.F.R. §§ 404.350(a)(5), 404.367 (2017);[11] Program Operations Manual System (POMS) RS 00205.001.A. A claimant may qualify as a full-time student if he or she receives instruction
in elementary or secondary education at home in accordance with a home school law
of the state in which he or she resides. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275.
A claimant also must attend school full time to qualify as a full-time student. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.001A; POMS RS 00205.300A. A claimant meets the Federal standards for full-time attendance if he or she is scheduled
to attend school at the rate of at least twenty hours per week, enrolled in a noncorrespondence
course, and enrolled in a course of study lasting at least thirteen weeks. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300.C. A home schooled claimant must meet the Federal standards for full-time attendance
and carry a subject load that is considered full-time for day students under standards
and practices set by the state in which the claimant resides. See 20 C.F.R. § 404.367(b); POMS RS 00205.275.B. Additionally, the law of the state in which the home school is located must recognize
home school as an educational institution. See POMS RS 00205.275.B. To establish that the claimant attends a qualifying home school, the claimant’s
home school instructor must submit evidence that the state requirements for home schooling
are met. See POMS RS 00205.275.C. In addition, the home schooling instructor is the certifying school official for
full-time attendance purposes on Form SSA-1372. See id.; see also POMS RS 00205.350B (stating the agency uses Form SSA-1372 to verify attendance).
Because Claimant resides in Mississippi, we look to Mississippi law to determine whether
Mississippi recognizes home schooling as an educational institution, and if it does,
whether Claimant’s home schooling meets Mississippi’s requirements for home schooling.
See Act § 202(d)(7)(C)(i); 20 C.F.R. § 404.367(a); POMS RS 00205.275.B. In Mississippi, a parent, guardian, or custodian of a child must cause his or
her child to enroll in and attend a public school or legitimate nonpublic school for
the period that the child is of compulsory school age, except in certain limited circumstances.
See Miss. Code Ann. § 37-13-91(3) (West 2017). Mississippi law defines a school as any
public or nonpublic school that is in session for 180 school days, except that the
“nonpublic” school term shall be the number of days that each school shall require
for promotion from grade to grade. See Miss. Code Ann. § 37-13-91(2)(e). A “nonpublic school” is “an institution for the
teaching of children, consisting of a physical plant, whether owned or leased, including
a home, instructional staff members and students, and which is in session each school
year. This definition shall include, but not be limited to, private, church, parochial
and home instruction programs.” Miss. Code Ann. § 37-13-91(2)(i). Mississippi law
broadly restricts the State’s power to regulate nonpublic schools. See Miss. Code Ann. § 37-13-91(9).
CCA, which is located in Mississippi’s Leake County, is not listed as a public school
in the Leake County School District by the Mississippi Department of Education (MDE).
See MDE, Leake County School District, http://www.mde.k12.ms.us/Locations?District=2 (last visited Oct. 2, 2017). Likewise, CCA is not listed as a nonpublic school accredited
by Mississippi’s State Board of Education. See MDE, List of Nonpublic Schools
Accredited by The State Board of Education, http://www.mde.k12.ms.us/docs/accreditation-library/nonpublic-school-list-for-2016-2017-approved-by-sbe-5-8-17_20170920.pdf?sfvrsn=2 (last visited Oct. 2, 2017). Mississippi, however, does not require nonpublic schools
that receive no local, state, or Federal funds for support to be accredited by the
State Board of Education. See Miss. Code Ann. § 37-17-6(6); MDE, Accreditation Frequently Asked Questions, Question
8, http://www.mde.k12.ms.us/ACCRED/faq (last visited Oct. 2, 2017). Mississippi has a voluntary nonpublic school accreditation
process, but recognizes that nonpublic schools may be accredited by nonpublic school
associations or groups. See Miss. Code Ann. §§ 37-17-7, 37-17-9; MDE, Accreditation Frequently Asked Questions,
Question 8, http://www.mde.k12.ms.us/ACCRED/faq (last visited Oct. 2, 2017). Regardless, we do not have sufficient information to
determine whether CCA meets Mississippi’s statutory definition of a nonpublic school
(i.e., consisting of a physical plant, instructional staff members, and students).
In any event, notwithstanding Claimant’s indication on Form SSA-1372 that she attends
CCA -- a high school and, therefore, not a home school -- the evidence indicates that
Claimant is enrolled in a home school. For example, Claimant studies at home via a
method of self-study, Claimant’s mother administers and grades Claimant’s tests, and
Claimant’s certificate of enrollment indicates the type of education program in which
she is enrolled is “Home Instruction.” Additionally, R~, who signed the Certification
by School Official page of Form SSA-1372, identified her title as “Home School Counselor.”
Thus, we must determine whether Claimant’s home schooling is legitimate under Mississippi
law.
As noted above, nonpublic schools in Mississippi include home instruction programs.
See Miss. Code Ann. § 37-13-91(2)(i). Mississippi law appears to specify only two requirements
for a home school to be legitimate. First, a “legitimate home instruction program
shall be those not operated or instituted for the purpose of avoiding or circumventing
the compulsory attendance law.” Id. § 37-13-91(3); see Miss. Admin. Code § 7-3:30.7.11 (West 2017). Second, Mississippi regulations require
that a parent of a child enrolled in a home school must submit a certificate of enrollment
on a yearly basis to the local school attendance officer. See Miss. Admin. Code §§ 7-3:30.7.2, 7-3:30.7.10.
Regarding the first requirement, there is no evidence that Claimant’s home schooling
was instituted or is being operated to avoid or circumvent the compulsory attendance
law. See
id. § 37-13-91(3). In fact, Claimant and her mother reported that Claimant uses textbooks
provided by CCA; studies subjects such as English, Math, Word Building, History, Algebra,
Bible Study, and Science; completes a set of textbooks in nine weeks and takes written
tests; has the ability to obtain help from teachers at CCA; studies at home from 8:00
a.m. to 2:00 p.m., Monday through Friday, for a total of thirty hours per week and
eight months per year; and is expected to graduate with a high school diploma from
CCA in May 2018.
Regarding the second requirement, Claimant’s mother provided evidence that she submitted
a certificate of enrollment to the local school attendance officer. See Miss. Admin. Code §§ 7-3:30.7.2, 7-3:30.7.10. Additionally, because Claimant’s mother
acts as Claimant’s home school instructor, she satisfied agency policy by submitting
the certificate of enrollment on behalf of Claimant and signing the Certification
by School Official page of Form SSA-1372. See POMS RS 00205.275.C. Thus, Claimant’s instruction at home is in accordance with Mississippi’s home
school law. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275.
Claimant’s home schooling also meets the standards for full-time attendance. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.001.A; POMS RS 00205.275.B; POMS RS 00205.300.A. Claimant’s mother reported that Claimant studies at home from 8:00 a.m. to 2:00
p.m., Monday through Friday (i.e., thirty hours per week). Additionally, on Form SSA-1372,
Claimant reported, and her mother verified, that she studies thirty hours per week
and her school year ran for a total of thirty-five weeks. Finally, Claimant is enrolled
in a home school administered by her mother, not a correspondence course. See POMS RS 00205.330.A (noting a correspondence school teaches by mailing lessons and exercises to the
student, and the student returns the exercises to the school for grading). Thus, Claimant’s
home schooling meets the Federal standards for full-time attendance. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300.C. Claimant’s instruction at home also satisfies the minimal standards and practices
set by Mississippi for home schools. See 20 C.F.R. § 404.367(b); POMS RS 00205.275.B.
CONCLUSION
Claimant qualifies as a home school student under Mississippi law for determining
her eligibility for CIB as a full-time student.