The State of Montana recognizes home schooling under its compulsory attendance law. A home school in Montana must:

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  Keep attendance and immunization records and make them available to the county superintendent of schools on request;

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  Provide at least 180 instruction days or the equivalent (a school day is 4 hours for grades 1-3 and 6 hours for grades 4-12);

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  Be in a building that complies with applicable local health and safety regulations;

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  Provide an organized course of study that includes instruction in subjects required of public schools; and

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  Notify annually the county superintendent of schools, of the county in which the home school is located, of the student's attendance at the school.

The home school instructor should submit evidence of compliance with Montana's laws.

Question

You have asked for an opinion on the specific requirements for home schooling in Montana and Utah for purposes of determining eligibility for student benefits.

Discussion

In order to be eligible for student benefits, an individual must meet certain eligibility requirements: he/she must 1) meet the requirements for child's benefits (insured's child, dependent on insured, apply, umarried); 2) have attained the age of 18; and 3) be a full-time elementary or secondary school student who has not attained (or has not been deemed to have attained) age 19. See Program Operations Manual System (POMS) § RS 00205.100A.; see also U.S.C. § 402(d)(1)(B), (d)(7)(C)(i); 20 C.F.R. §§ 404.350(a)(5), 404.367 (2002). A child is a Afull-time elementary or secondary school student if [the child] . . . [is] instructed in an elementary or secondary education at home in accordance with a home school law of the State or jurisdiction in which [the child] reside[s].@ 20 C.F.R. § 404.367(a)(1) (2002).

Social Security Policy states that

[s]tudent benefits are payable if . . . the student meets the Federal standards for full-time attendance; . . . the law of the State in which the home school is located recognizes [the] home school as an educational institution; . . . the home school the student attends meets the requirements of State law in which the home school is located; and . . . the student meets all the other requirements of benefits.

POMS § RS 00205.275B. “The child's home school instructor must submit evidence that State requirements for home schooling are met.” Id. § RS 00205.275C.

A student is in [full-time attendance] if he/she is attending an elementary or secondary level school . . . and is meeting both the State and Federal standards for full time attendance. . . . . To meet Federal standards, the student must be . . . [s]cheduled for attendance at the rate of at least 20 hours per week, enrolled in a course that is not a correspondence course, and enrolled in a course of study that is of at least 13 weeks duration.

POMS § RS 00205.300A. & RS 00205.300C.

Montana

Montana has a compulsory attendance law that requires children, who have attained 7 years of age on the first day of the school year, to attend public school until the later of the time the child attains 16 years of age or has completed the eighth grade, unless, among other things, the child is “enrolled in a . . . home school that complies with the provisions of [MONT. CODE ANN.] § 20-5-109.” MONT CODE § 20-5-102 (2001).

MONT. CODE ANN § 20-5-109 states that

[t]o qualify its students for exemption from compulsory enrollment under 20-5-102, a nonpublic or home school shall:

1. (a) 

   maintain records on pupil attendance and disease immunization and make the records available to the county superintendent of schools on request;

2. (b) 

   provide at least 180 days of pupil instruction or the equivalent in accordance with 20-1-301 and 20-1-302;

3. (c) 

   be housed in a building that complies with applicable local health and safety regulations;

4. (d) 

   provide an organized course of study that includes instruction in the subjects required of public schools as a basic instructional program pursuant to 20-7-111; and

5. (e) 

   in the case of home schools, notify the county superintendent of schools, of the county in which the home school is located, in each school fiscal year of the student's attendance at the school.

As to subparagraph 4 above, the 2001 edition of the Montana School Accreditation Standards and Procedures Manual (MSASPM) § 10.55.904 provides “[t]he basic education program . . . for grades 9 through 12 shall be at least 20 units of course work that enable all students to meet the content and performance standards.” MSASPM § 10.55.904(1) (2001), www.opi.state.mt.us/. “Minimum offerings shall include at least . . . 4 units of English language arts; . . . 3 units of mathematics; . . . 3 units of science; . . . 3 units of social studies; . . . 2 units of vocational/practical arts; . . . 2 units of fine arts; . . . 1 unit of health enhancement; . . . 2 units of world language; and . . . 2 units of electives.” Id. § 10.55.904(2).

Yellowstone County appears to handle home schooling in a manner consistent with Montana State law.

To properly determine if an individual who lives in Montana and is attending a home school is eligible for student benefits, we advise you to independently determine, whether the child is being instructed in a home schooling program that is in accordance with Federal full-time attendance standards and Montana's home school law as set forth above (information on the latter should be submitted by the child's home school instructor. See POMS § RS 00205.275C.). See 20 C.F.R. § 404.367(a)(1) (2002); POMS §§ RS 00205.275B., RS 00205.300A. & RS 00205.300C.

Mary Ann S~

Regional Chief Counsel

By_________________________

Michele M. K~

Assistant Regional Counsel