Question
For determining a claimant’s eligibility for child’s insurance benefits (CIB) as a
full-time student, you asked whether the claimant’s attendance at Ashworth College
a.k.a. James Madison High School (JMHS), an entity located in Georgia, satisfies the
requirements for full-time attendance where the claimant is an Alabama resident.
OPINION
JMHS is not an educational institution and Claimant does not meet the State (Alabama)
or Federal standards for full-time attendance.
Background
According to the information provided, H~(Claimant) received CIB on the earnings record
of her father, J~. , the deceased number holder. Claimant seeks CIB beyond the age
of eighteen as a full-time student. Claimant provided a Student Statement Regarding
School Attendance (Form SSA-1372-BK), in which she reported she lives in Toney, Alabama,
and attends JMHS, which she stated was an online high school located in Norcross,
Georgia. Claimant did not indicate a specific number of hours per week that she attends. However,
Claimant said that between the date she completed the Statement and her expected graduation
of May 2015, there would be no months in which she will not be in “full time attendance.” Claimant
indicated she has attended JMHS since May 2013. Claimant reported she expected to
graduate in May 2015; was not married or disabled; did not expect to earn more than
$15,480 in 2014; and was not being paid to attend school. Claimant also provided the
Certification by School Official page of Form SSA-1372-BK, but the page is not signed
and does not identify a school official.
An Education Specialist with JMHS sent SSA a letter stating Claimant enrolled at JMHS
on May 2, 2013, and was an active student in good standing. The Education Specialist
explained JMHS did not classify students as full- or part-time and stated students
work at their own pace and were not required to spend any set number of hours on their
studies. This information conforms with JMHS’s website. See Online Learning Experience – JMHS, http://www.jmhs.com/why-jmhs/learning-experience; Homeschooling High School – Homeschool Online – JMHS, http://www.jmhs.com/why-jmhs/learning-experience (last visited Feb. 3, 2015). According to JMHS’s website, students access their
courses through an online student portal where they start and finish lessons on their
own schedule. See Online Learning Experience - JMHS, http://www.jmhs.com/why-jmhs/learning-experience (last visited Feb. 3, 2015). Students can access classes when and where they like,
study at their own pace, and take tests when they choose. See id.
DISCUSSION
To be eligible for CIB on the earnings record of an individual who dies fully or currently
insured, an individual who is eighteen years 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 (2014); [2] Program Operations Manual System (POMS) RS 00205.001(A). An individual may qualify as an “elementary or secondary school student” if he
or she attends an educational institution, i.e., a school that provides elementary
or secondary education (twelfth grade or below) according to the law of the State
or jurisdiction where the school is located. See Act § 202(d)(7)(A), (d)(7)(C); 20 C.F.R. § 404.367(a), (e); POMS RS 00205.001(A); POMS RS 00205.200(A). An individual also may qualify as an elementary or secondary school student
if he or she receives instruction in elementary or secondary education at home under
the home school law of the State or other jurisdiction where the individual resides. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275(A). Additionally, an individual may be considered an elementary or secondary school
student if he or she is in an independent study program administered by the local
school or school district in accordance with the law of the State or jurisdiction
in which he or she resides. See 20 C.F.R. § 404.367(a)(2); POMS RS 00205.285.
An individual also must attend school full time to qualify as a “full-time elementary
or secondary school student.” See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.001(A); POMS RS 00205.300(A). An individual attends full time if he or she is attending an educational institution
and meets both State and Federal standards for full-time attendance. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(a), (c); POMS RS 00205.295(B); POMS RS 00205.300(A). Similarly, a claimant attending an on-line school attends full time if he or
she is attending an on-line school consistent with the law of the State in which the
on-line school is located (i.e., an educational institution), and meets both State
and Federal standards for full-time attendance. See POMS RS 00205.295(B); POMS RS 00205.300(A). An individual meets the State standards if the school considers the beneficiary
to be a full-time student based on the school’s standards and practices. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b); POMS RS 00205.300(B); POMS RS 00205.350(C)(1). An individual meets the Federal standards 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 individual must meet the federal standards for full-time attendance
and meet the home-school requirements of the State in which the home school is located. See 20 C.F.R. § 404.367(b); POMS RS 00205.275(B). Attendance for a student in an independent study program must also meet the
Federal full-time attendance requirements, which one accomplishes by combining the
number of hours at a school facility with the agreed upon number of hours in independent
study. See 20 C.F.R. § 404.367(c); POMS RS 00205.285(B).
Educational Institution Under Georgia Law
We have determined in prior opinions that JMHS does not qualify as an educational
institution in Georgia, the state in which it is located. See Program Operations Manual System (POMS) PR 07905.012 (PR 14-168, Sept. 11, 2014; PR 13-024, Dec. 3, 2012). The previous opinions were
based on the facts that JMHS does not require any set number of hours to be spent
on studies and there is no evidence that JMHS keeps attendance logs or complies with
Georgia reporting requirements law. See id. ; Ga. Code Ann. § 20-2-690(b)(3), (5) (2014). Claimant has provided nothing to warrant
a change from the prior determinations. Therefore, Claimant cannot qualify as a full-time
elementary or secondary student based on her enrollment at JMHS.
Home Schooling and Independent Study under Alabama Law
Because Claimant resides in Alabama, we look to Alabama law to determine whether Claimant
is home schooled. See 20 C.F.R. § 404.367(a)(1), (b); POMS RS 00205.275(A)-(B). Under Alabama law, every child between the ages of six and seventeen years
is required to attend a public school, private school, or church school, or receive
instruction from a competent private tutor. Ala. Code § 16-28-3 (2014). Although
Alabama's statutes do not explicitly address home education, homeschoolers can teach
their children at home under one of three conditions: (1) by affiliating with a church
school; (2) by affiliating with a private school, or (3) as a private tutor, in which
case the tutor must have a valid Alabama teaching certificate. See Ala. Code §§ 16-28-1, 16-28-3, 16-28-5 (2014).
Option one: Church School. Home schools may qualify as “schools that offer instruction in grades K-12, or any
combination thereof, including preschool, through on-site or home programs, and are
operated as a ministry of a local church, group of churches, denomination, and/or
association of churches on a nonprofit basis which do not receive any state or federal
funding.” Ala. Code § 16-28-1(2). A child attending a church school is exempt from
the requirements of compulsory attendance provided the child complies with the enrollment
and reporting procedure in section 16-28-7. Ala. Code §§ 16-1-11.1(3), 16-1-11.3,
16-28-3. “The enrollment and attendance of a child in a church school must be filed
with the local public school superintendent by the parent … on a form provided by
the superintendent ... which shall be countersigned by the administrator of the church
school and returned to the public school superintendent by the parent.” Ala. Code
§ 16-28-7 (2014). Additionally, the principal teacher of the church school must
keep an attendance register for each day of the school year. Ala. Code § 16-28-8 (2014).
There is no statutory authority authorizing or requiring any state or local authority
to regulate church schools, which may conduct classes as they see fit. Ala. Code §
16-1-11.1 (2014). There is no requirement that church school teachers be certified
or that a church school be accredited by the state or any private agency. Ala. Code
§ 16-1-11.1(4) (2014). Other than the state laws requiring parents to report attendance
and for church schools to report if a student is no longer in attendance at such a
church school, there is no provision of Alabama law that permits or requires any state
or local authority to regulate a church school. Ala. Code §§ 16-1-11.1(3), 16-1-11.3
(2014).
Here, JMHS is not affiliated with any church, and there is no evidence that Claimant’s
parent has registered with the local school board, or that any certified attendance
records are kept and provided to the local school board, as required by statute. Therefore,
the information provided does not establish that Claimant is home schooled through
a church school in accordance with Alabama law.
Option 2: Private School. A private school “[i]ncludes only such schools that are established, conducted, and
supported by a nongovernmental entity or agency offering educational instruction in
grades K-12, or any combination thereof, including preschool, through on-site or home
programs.” Ala. Code § 16-28-1. Private schools must register annually by October
10 with the Alabama Department of Education and report the number of pupils, the number
of instructors, enrollment, attendance, course of study, length of term, cost of tuition,
funds, value of property, and the general condition of the school. Ala. Code § 16-1-11. Also,
at the end of the fifth day from the opening of public school, the principal teacher
of each private school must report to the county superintendent or city superintendent
“the names and addresses of all children of mandatory school attendance age who have
enrolled in such schools; and thereafter, throughout the compulsory attendance period,
the principal teacher of each school … shall report at least weekly the names and
addresses of all children of mandatory school attendance age who enroll in the school
or who, having enrolled, were absent without being excused, or whose absence was not
satisfactorily explained by the parent, guardian, or other person having control of
the child.” Ala. §§ 16-28-7, 16-28-8. The principal teacher of the private school
must keep an attendance register for each school day of the year. Ala. Code § 16-28-8.
JMHS is not affiliated with any private school, and there is no evidence that Claimant
is included in the mandatory enrollment or attendance reporting statements of any
private school. Ala. Code §§ 16-1-11, 16-28-7, 16-28-8. There is also no indication
that JMHS is registered with the state of Alabama as a private school, or that it
provides any enrollment or attendance reports to county or city school superintendents
in Alabama. Id. Therefore, the information provided does not establish that Claimant is home schooled
through an affiliation with a private school in accordance with Alabama law.
Option 3: Private Tutor. A child also may be home schooled if instructed by a competent private tutor. See Ala. Code § 16-28-5. The tutor must be a State certified teacher, teach “for at
least three hours a day for 140 days each calendar year, between the hours of 8:00
a.m. and 4:00 p.m.,” file with the county superintendent a statement describing subjects
taught and period of instruction, keep a register of the child’s work showing daily
hours of instruction and attendance, and shall make such reports as the State Board
of Education may require. Id.; see also Ala. Code § 16-28-7 (2014) (“the principal teacher of each public school, private
school, and each private tutor, but not church school, shall report . . . the names
and addresses of all children of mandatory school attendance age who have enrolled
in such schools”). To obtain a high school diploma, a child must have credits in
such courses as English, algebra, and geometry or their equivalents; biology and a
physical science; social studies; health education; career preparedness; and career
and technical education, foreign language, or arts education. See Ala. Admin. Code § 290-3-1-.02(8) (2014). Contents of courses not defined in the
State course of study must be approved by the local board of education. Id.
No information has been submitted to demonstrate that Claimant is being taught under
conditions that would satisfy Ala. Code § 16-28-5. In fact, the letter from JMHS indicates
no tutors or other qualified instructors actively participate in Claimant’s education,
as students work on their own at their own pace. No documentation has been provided
to show that any of the instructors at JMHS maintains a valid Alabama teaching certificate.
There is also no indication that Claimant is being taught the requisite number of
hours, or that her curriculum and attendance are being reported to the local school
board. Therefore, the information provided does not establish that Claimant is home
schooled by a private tutor in accordance with Alabama law.
Moreover, Claimant’s participation in JMHS does not appear to satisfy the independent
study provisions of the regulations. See 20 C.F.R. § 404.367(a)(2). Independent study is a method of alternative secondary
education used in some States. POMS RS 00205.285(A). Local education agencies, such as high schools or school districts, run independent
study programs. Id. Independent study programs are run “in accordance with specific State law requirements,
and the credits earned count toward high school graduation.” Id. The programs involve periodic teacher contact, direction, and testing on campus, with
the student making academic progress generally through independent study at home. Id. Nothing in the information provided suggests any local school or school district
runs the JMHS program. As such, Claimant’s use of the JMHS’s program does not seem
to satisfy the independent study requirements.
CONCLUSION
Claimant has not demonstrated that JMHS is an educational institution under Georgia
law. Additionally, it has not been demonstrated that the claiment is participating
in a home school study program or independent study program in compliance with Alabama
law. The information provided also does not indicate Claimant meets the standards
for full-time attendance.
Sincerely,
Mary Ann Sloan
Regional Chief Counsel
By: ____________
Richard V. Blake
Assistant Regional Counsel