Issue A person who is 18 years old and not disabled may be entitled to child's benefits
                  if he or she is a full-time student at "a school which provides . . . secondary education
                  as determined under the law of the State or other jurisdiction in which it is located."_1
                  Does Berean Baptist Christian Academy (BBCA), an unaccredited nonpublic religious
                  school in Ogden, Utah, provide "secondary education," as defined by Utah law?
               
               Short Answer
               BBCA provides "secondary education," as defined by Utah law.
               FACTS
               Ashley H~ currently receives child's benefits as a minor child and will become 18
                  years old in May 2004. She is a junior at BBCA in Ogden, Utah. BBCA has been in existence
                  for 25 years but is not accredited or approved by the State of Utah. The school issues
                  a diploma for high school graduation, which is accepted by at least three universities
                  in Utah, including Utah State University and Weber State University. It has approximately
                  27 students, a 7 -hour school day, and a 180-day school year. It maintains attendance
                  records and conducts at least one attendance check per school day. Students in grades
                  9 - 12 are required to earn a minimum of 24 credits, including the following: 4.0
                  credits in language arts, 2.0 credits in mathematics, 2.0 credits in science, 3.5
                  credits in social studies, 2.0 credits in health, 1.5 credits in physical education,
                  and 5.5 credits in elective courses (e.g., art, accounting, general business, computer
                  literacy, business math, typing, French, Greek, Spanish, literature I & II, home economics,
                  shop, and numerous courses in religion)._2
               
               Discussion
               The Social Security Act provides for benefits for children of individuals who are
                  entitled to Social Security benefits or who die with sufficient Social Security insurance
                  coverage._3 While eligibility for child's benefits usually terminates when the child
                  attains the age of 18,_4 eligibility may continue if the child is a "full-time student"
                  at "a school which provides elementary or secondary education as determined under
                  the law of the State or other jurisdiction in which it is located."_5 The Commissioner's
                  regulations define "full-time attendance" as scheduled attendance of at least 20 hours
                  per week (unless one of two narrow exceptions applies) in a course of at least 13
                  weeks duration._6
               
               Ashley attends BBCA more than 20 hours per week, and the duration of BBCA's school
                  year exceeds 13 weeks. Therefore, Ashley is a "full-time student," as defined in the
                  Commissioner's regulations. The remaining question is whether BBCA is a school which
                  provides "secondary education," as defined by Utah law.
               
               Under Utah's compulsory attendance law, a parent or guardian must "enroll and send
                  a school-age minor to a public or regularly-established private school."_7 A regularly-established
                  private school is "a school operated by private interests as a substitute for, and
                  giving the equivalent of, instruction required in public schools."_8 To provide a
                  "secondary education," therefore, a private school must satisfy the minimum standards
                  established for public schools in Utah.
               
               The Utah State Board of Education has established minimum standards for the operation
                  and curriculum of public schools. School are required to conduct school for at least
                  990 hours and 180 school days each year (i.e., 5 hours per day), to keep records of
                  attendance, and to conduct a minimum of one attendance check each school day._9 Students
                  in grades 9 - 12 are required to earn a minimum of 24 credits, including the following
                  required "core curriculum:" 3.0 credits in language arts, 2.0 credits in mathematics,
                  2.0 credits in science, 3.0 credits in social studies, 1.5 credits in arts, 0.5 credits
                  in health, 1.5 credits in physical education, and 1.0 credits in applied technology._10
                  "Public school teachers must be certified by the State, but no such requirement appears
                  to be imposed on private school teachers."_11
               
               BBCA, therefore, meets or exceeds all of the minimum requirements for operation and
                  curriculum for Utah public schools, with the exception of the curriculum requirements
                  of 1.5 credits in arts and 1.0 credits in applied technology. BBCA's requirement of
                  5.5 credits in elective courses (which include courses in the arts and applied technology),
                  however, seems more than adequate to satisfy those requirements.
               
               Conclusion
               Ashley H~ is a "full-time student" at BBCA, which provides "secondary education,"
                  as defined by Utah law. She is entitled, therefore, to receive child's benefits through
                  her senior year at BBCA.[_12
               
               Deana R. E. L~
Regional Chief Counsel, Region V
               
               By: ______________________
Thomas S. I~
Assistant Regional Counsel
               
               _1 See 20 C.F.R. §§ 404.350 - 404.352, 404.367 (2003).
               
               _2 We contacted BBCA and obtained additional information on its operation and curriculum.
               _3 See 42 U.S.C. § 402(d).
               
               _4 See 42 U.S.C. § 402(d)(1)(b)(6) & (7).
               
               _5 See 20. C.F.R. §§ 404.352, 404.367 (2003).
               
               _6 See 20. C.F.R. § 404.367 (2003).
               
               _7 See U.C.A. 1953 § 53A-11-101 (emphasis added).
               
               _8 See Utah Attorney General, Informal Opinion No. 82-41 (April 28, 1982).
               
               _9 See U.A.C. R277-419.
               
               _10 See U.A.C. R277-700.
               
               _11 See Utah Attorney General, Informal Opinion No. 82-41 (April 28, 1982).
               
               _12 See20. C.F.R. § 404.352(b)(3) (2003).