This memorandum is in response to your request for an opinion regarding whether a
                  home school qualifies under the Social Security Act (Act) as a school that provides
                  elementary or secondary education to establish eligibility to continued child's insurance
                  benefits. Specifically, you asked whether an 18-year old child, home-schooled by his
                  father, qualifies as a full-time student of a secondary school and is therefore entitled
                  to receive continued child's insurance benefits on the number holder's account. In
                  our opinion, after reviewing the facts and relevant law, we do not have sufficient
                  information to determine whether the child qualifies as a full-time secondary student
                  under New Mexico law to entitle the child to continued child's insurance benefits
                  on the number holder's account.
               
               As we understand the facts, in October 1998, Erick G~ began receiving Social Security
                  child's insurance benefits on the account of his mother, Louise G~ (number holder).
                  In April 2008, Erick's eligibility to child's insurance benefits terminated when he
                  attained the age of 18. In order to obtain continued child's insurance benefits after
                  the age of 18, Erick submitted Form SSA-1372, Student's Statement Regarding School
                  Attendance (SSA-1372 Form), on which he stated that his father, Neill G~ (Mr. G~),
                  home-schooled him from August 20, 2007, through May 30, 2008, and would continue to
                  do so from August 2008 through May 2009. The SSA-1372 Form, which Erick and his father
                  signed, also indicates that Erick attends the home school for 30 hours per week and
                  that he expects to graduate in May 2009. Erick also provided a May 2005 Notification
                  of Establishment of a Home School form sent to the New Mexico Board of Education,
                  a 2006-2007 Confirmation of Notification of Establishment of a Home School form from
                  the New Mexico Board of Education (Confirmation form), a 2007-2008 Confirmation form,
                  a 2008-2009 Confirmation form, Erick's immunization records, and Mr. G~'s Associate's
                  Degree from DeVry Institute of Technology. Mr. G~ did not provide copies of Erick's
                  transcripts and detailed progress reports but indicated that such documentation was
                  available upon request.
               
               The Act provides for the payment of child's insurance benefits to certain persons
                  over the age of 18 who are full-time secondary school students. 42 U.S.C. §§ 402(d)(1),
                  (d)(7)(A); see 20 C.F.R. § 404.350(a)(5). The Act provides that a "secondary school" is a school
                  that provides 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); see 20 C.F.R. § 404.367(a). The Social Security Administration (Agency) considers a student
                  to be a full-time secondary student if the student meets the following conditions:
                  (1) he receives instruction in secondary education at home in accordance with a home
                  school law of the state in which the student resides; (2) he is in full-time attendance
                  in a course of at least 13 weeks duration and carries a subject load considered full-time
                  for day students under the home school standards and practices set by the state in
                  which the student resides; and (3) he is considered in full-time attendance because
                  he attends school at least 20 hours per week. 20 C.F.R. §§ 404.367(a), (b), (c). In
                  this case, Erick resides in New Mexico; therefore, New Mexico law is controlling.
               
               We first look at whether Erick receives instruction in secondary education at home
                  in accordance with New Mexico law. See 42 U.S.C. § 402(d)(7)(C)(i); 20 C.F.R. § 404.367(a). Secondary schools in New Mexico
                  provide instruction for grades nine through twelve. N.M. Stat. Ann. § 22-1-3(B). The
                  documents provided by Mr. G~, such as the May 2005 Notification and the 2006-2007,
                  2007-2008, and 2008-2009 Confirmation forms, indicate that Erick has received and/or
                  is currently receiving instruction for grades nine through twelve.
               
               Additionally, in order to establish a home school in New Mexico, a person who operates
                  a home school must give written notice to the New Mexico Secretary of Education within
                  30 days of its establishment and notify the Secretary in writing on or before April
                  1 of each subsequent year of operation of the school district from which the home
                  school is drawing students. N.M. Stat. Ann. § 22-1-2.1. The home school operator must
                  also maintain records of student disease immunizations and provide instruction by
                  a person possessing at least a high school diploma or its equivalent.  Id.  In this case, the evidence establishes that Mr. G~ successfully complied with the
                  requirements to establish a home school in accordance with the New Mexico statutory
                  procedures. See N.M. Stat. Ann. § 22-1-2.1. He provided timely notification of the establishment
                  of a home school to the New Mexico Secretary of Education, as evidenced by the Confirmation
                  forms, maintained Erick's immunization records, and possessed a high school diploma
                  or its equivalent.  Id.  Thus, the evidence establishes that Erick satisfied the first condition because he
                  receives instruction in secondary education at home in accordance with New Mexico
                  law.  See 42 U.S.C. § 402(d)(7)(C)(i); 20 C.F.R. § 404.367(a).
               
               We next look at whether Erick is in full-time attendance in a course of at least 13
                  weeks duration and carries a subject load considered full-time for day students under
                  the home school standards and practices set by New Mexico. See 20 C.F.R. § 404.367(b). Mr. G~ certified on the SSA-1372 Form that Erick's home school
                  course of study was at least 13 weeks in duration. Regarding the subject load for
                  home students, New Mexico does not specifically define what constitutes a "subject
                  load considered full-time for day students." See id. However, New Mexico law does provide that a home school offers a basic academic educational
                  program, including reading, language arts, mathematics, social studies, and science.
                  N.M. Stat. Ann. § 22-1-2. In this case, we do not have sufficient information to determine
                  whether Erick carries a subject load considered full-time for day students.  See 20 C.F.R. § 404.367(b). To the contrary, Erick failed to provide any information
                  concerning the curriculum. Therefore, we are unable to determine whether Erick is
                  a full-time student according to Agency regulations.
               
               However, Mr. G~ indicated in a letter dated March 19, 2008, that additional information
                  was available, consisting of Erick's transcripts from his Advanced Placement classes
                  and detailed progress reports showing specific test grades. We recommend that the
                  Agency obtain this information, along with other information evidencing Erick's home
                  school curriculum. If the additional information shows that Erick has taken home school
                  courses in reading, language arts, mathematics, social studies, and science, then
                  Erick has satisfied the second condition that he carry a subject load considered full-time
                  for day students. If, however, the information the Agency receives is not clear concerning
                  Erick's curriculum, please feel free to resubmit the additional documentation to our
                  Office. Once our Office receives the documentation, we will provide an updated opinion.
                  Currently, though, Erick has not satisfied the second condition that he carry a subject
                  load considered full-time for day students under the home school standards and practices
                  set by New Mexico. See 20 C.F.R. § 404.367(b).
               
               Finally, we look at whether Erick is considered in full-time attendance because he
                  attends school at least 20 hours per week. See 20 C.F.R. § 404.367(c). Erick stated on the SSA-1372 Form that he attends home school
                  for 30 hours per week, which satisfies the Agency requirement that he attend school
                  at least 20 hours per week. See id.
               In summary, we do not have sufficient information to determine whether Erick qualifies
                  as a full-time secondary student under New Mexico law to entitle him to continued
                  benefits on the number holder's account. We recommend that the Agency request additional
                  information from Mr. G~, consisting of Erick's transcripts from his Advanced Placement
                  classes and detailed progress reports showing specific test grades, along with other
                  information evidencing Erick's home school curriculum. If the additional information
                  shows that Erick has taken home school courses in reading, language arts, mathematics,
                  social studies, and science, then Erick has satisfied the second condition that he
                  carry a subject load considered full-time for day students, and hence, qualifies as
                  a full-time secondary student to entitle him to continued benefits. If however, the
                  information the Agency receives is not clear concerning Erick's curriculum, please
                  forward the information to our Office, and we will provide an updated opinion.
               
               Michael M~ 
Chief Counsel, Region II
               
               By: 
 Carolyn E. W~ 
Assistant Regional Counsel