QUESTION
For determining a claimant’s eligibility for child’s insurance benefits (CIB) as a
full-time student, you asked whether A Beka Academy (A Beka), an entity located in
Florida, qualifies as an educational institution. You also asked whether the claimant,
a resident of Georgia, is a full-time student based on home schooling.
Opinion
A Beka does not qualify as an educational institution for determining the claimant’s
eligibility for CIB as a full-time student because A Beka does not meet the requirements
of regular school attendance under Florida law. However, the claimant is a full-time
student because she is in a home study program meeting the requirements of Georgia
law.
Background
Mary (Claimant) currently receives CIB on the earnings record of decedent Peter (NH). Claimant
turned eighteen years of age on April . In a Student Statement Regarding School Attendance
form, Claimant indicated she lives in Perry, Georgia, and attends A Beka, an entity
located in Pensacola, Florida. She indicated the type of school program is a high
school and home school. Claimant reported she had attended Perry High School in Perry,
Georgia through December 19, 2012. She also reported the school year would end July
29, 2013, and she attends thirty hours of class per week. Claimant further indicated
she was not married or disabled and was not being paid by an employer to attend school.
Claimant’s mother reported that she is the facilitator of the home education program
and that Claimant learns from discs approximately 35 minutes in length with lesson
work to complete 50 minute segments. Claimant’s mother confirmed that she has a high
school diploma. Claimant’s mother also reported she submitted a declaration of intent
to use a home study program to the State of Georgia Board of Education and she keeps
attendance records to submit to the state at the end of the year.
According to its website, A Beka provides all the materials for teaching and participants
submit their coursework to A Beka for evaluation. See A Beka Academy, Accredited Program (visited May 13, 2013) http://www.abekaacademy.org/Homeschool/AccreditedProgram.aspx. The A Beka “accredited virtual homeschool program” in which Claimant participates
provides an eleventh grade curriculum consisting of one semester each on life management
and the New Testament and full year courses in English, U.S. History, mathematics,
science, and an elective course such as Spanish. See A Beka Academy, ABA High School Course Offerings (visited May 10, 2013) http://www.abekaacademy.org/Homeschool/PlanOfStudyProg1Prog2.aspx. A Beka’s program is designed for 90 lessons per semester for a 180 lesson calendar
with five lessons per semester designated for supplemental activities to enhance the
learning experience such as field trips and special events. See A Beka Academy, Frequently Asked Questions, General Academics (visited May 10, 2013)
http://www.abekaacademy.org/FAQ/GeneralAcademic.aspx#Lesson. Also, according to an A Beka official and its website, A Beka makes nationally standardized
tests available to students and it provides progress reports and report cards after
each grading period. See A Beka Academy, Accredited Program (visited May 13, 2013) http://www.abekaacademy.org/Homeschool/AccreditedProgram.aspx. A Beka’s transcript clerk also confirmed Claimant’s enrollment in its virtual homeschool
program for the second semester of the eleventh grade and that she is enrolled in
six courses equivalent to 30 hours per week. The transcript clerk further confirmed
that Claimant was enrolled in Perry High School prior to her enrollment with A Beka
and that her semester would end on July 29, 2013. A Beka’s transcript clerk provided
information about its accreditation by the Florida Association of Christian Colleges
and Schools and the Southern Association of Colleges and Schools Council on Accreditation
and School Improvement.
Discussion
To be eligible for CIB on the earnings record of an individual who has died, 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 (2013);All references to the Code of Federal Regulations
are to the 2013 version.
Program Operations Manual System (POMS) RS 00205.001(A). To qualify as a “full-time elementary or secondary school student,” an individual
must attend an educational institution, i.e., a school that provides elementary or
secondary education (grade 12 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 secondary education at home under the home school
law of the State or other jurisdiction where the Claimant resides. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275(A). A home schooled individual must meet the federal standards for full-time attendance
and meet the requirements of State law in the State in which the home school is located. See 20 C.F.R. § 404.367(b); POMS RS 00205.275(B).
Educational Institution Under Florida Law
A Beka is located in Pensacola, Florida. Therefore, we look to Florida law to determine
whether A Beka qualifies as an educational institution. See 20 C.F.R. § 404.367(a); POMS RS 00205.200(A). Florida requires regular school attendance for children ages six through sixteen. See Fla. Stat. Ann. § 1003.21(1) (West 2013). All references to the Florida Code are
to the West 2013 version, unless otherwise indicated.
A child is in regular school attendance if she attends a public school; a parochial,
religious, or denominational school; a private school supported in whole or in part
by tuition charges or by endowments or gifts; a home education program; or a private
tutoring program. See Fla. Stat. Ann. § 1003.01(13). Florida law defines public K-12 schools to include
institutions such as charter schools, kindergarten classes, elementary, middle and
high school grades, special classes and virtual instruction programs that are authorized
by law to be operated under the control of district school boards as well as lab schools
operated under the control of state universities. See Fla. Stat. Ann. 1000.04(1). Florida law defines a private school as a non-public
school that provides instructional services that meet the intent of Fla. Stat. Ann.
§ 1003.01(13) on regular school attendance. See Fla. Stat. Ann. §§ 1002.01(2), 1002.42(1). Attendance at a private school satisfies
the attendance requirements of Fla. Stat. Ann. §§ 1003.01(13) and 1003.21(1). See Fla. Stat. Ann. § 1002.42(7).
A Beka is not listed as a public school in Escambia County (the county in which Pensacola
is located). See Escambia County School District, Schools (last visited May 10, 2013) http://www.escambia.k12.fl.us/Contact.asp?type=schools. As such, we look to see if A Beka is a private school under Florida law. We note
that a private school includes a parochial, religious, denominational, for-profit
or nonprofit school. See Fla. Stat. Ann. § 1002.01(2); Fla. School Choice | Opening a Private School in Florida
(visited May 13, 2013) http://www.floridaschoolchoice.org/Information/Private_Schools/opening_a_private_school.asp. We do not separately address whether A Beka is a parochial, religious, denominational,
for-profit or nonprofit school because, as explained below, A Beka does not meet the
requirements applicable to all private schools. Florida statutes do not regulate the
establishment of private schools in Florida. See Fla. Stat. Ann. § 1002.42; State v. M.M., 407 So. 2d 987, 990 (Fla. Dist. Ct. App. 1981). However, private schools in Florida
must register and file an annual survey with the Florida Department of Education. See Fla. Stat. Ann. § 1002.42(2)(b); Fla. Dep’t of Educ., Office of Indep. Educ. & Parental
Choice, General Requirements for Private Schools (visited May 10, 2013) http://www.floridaschoolchoice.org/Information/Private_Schools/general_requirements.asp; Fla. Dep’t of Educ., Office of Indep. Educ. & Parental Choice, Private School Annual
Survey (visited May 10, 2013) http://www.floridaschoolchoice.org/Information/Private_Schools/annual_survey_info.asp. Private schools in Florida also must keep attendance records to demonstrate compliance
with Florida’s compulsory attendance requirements and must meet certain health and
safety requirements. See Fla. Stat. Ann. §§ 1002.42(4)-(6), 1003.23(2); Fla. Dep’t of Educ., Office of Indep.
Educ. & Parental Choice, General Requirements for Private Schools (visited May 10,
2013) http://www.floridaschoolchoice.org/Information/Private_Schools/general_requirements.asp.
The annual survey must include a notarized statement from the owner of the private
school certifying that each of the private school’s employees has been fingerprinted
and undergone a criminal background check. See Fla. Stat. Ann. § 1002.42(2)(b), (c). The Florida Department of Education uses the
information provided by the annual survey to organize, maintain, and update a database
of private schools in Florida. See Fla. Stat. Ann. § 1002.42(2)(a), (b). The Florida Department of Education does not
use the annual survey or database to “accredit” private schools; rather, the database
of private schools exists solely as a “service to the public, and not to regulate,
control, approve, or accredit private educational institutions.” Fla. Stat. Ann. § 1002.42(2)(h). The
public may access the database of private schools via the Florida Department of Education’s
website. See Fla. Dep’t of Educ., Office of Indep. Educ. & Parental Choice, Fla. Private Schools
Directory (visited May 10, 2013) http://www.floridaschoolchoice.org/Information/PrivateSchoolDirectory. The website states the “[i]nformation contained in this database was submitted by
private schools as part of the annual survey requirement found in section 1002.42(2)(b)”
and reiterates that “inclusion of a school’s information in the database does not
imply approval or accreditation by the Department of Education.” Florida Department
of Education, Office of Independent Education & Parental Choice, Private School Information
for Parents (visited May 10, 2013) http://www.floridaschoolchoice.org/Information/Private_Schools/default.asp?whichView=parent; see Fla. Dep’t of Educ., Office of Indep. Educ. & Parental Choice, Private School Accreditation
(visited May 10, 2013) http://www.floridaschoolchoice.org/Information/Private_Schools/accreditation.asp.
A Beka is not listed as a private school in the Escambia school district area. See Fla. Dep’t of Educ., Office of Indep. Educ. & Parental Choice, Fla. Private Schools
Directory (visited May 10, 2013) http://www.floridaschoolchoice.org/Information/PrivateSchoolDirectory/. As such, it does not appear that A Beka met the requirements of submitting the survey
information to be considered a private school in Florida, which would have led to
it being listed on the above site.
A Beka also does not appear to meet the criteria of a private tutoring program. See Fla. Stat. Ann. § 1002.43(1). Among the requirements for a private tutoring program
is that the program must make regular reports on attendance of students. See Fla Stat. Ann. § 1002.43(1)(b). However, the information provided indicates that A
Beka does not keep attendance records; Claimant’s mother does. Additionally, there
is no information provided to indicate that persons tutoring Claimant hold valid Florida
certificates to teach the subjects or grades in which Claimant receives instruction. See Fla. Stat. Ann. § 1002.43(1)(a). Thus, Claimant has not demonstrated that A Beka
is an educational institution because she has not shown it is a school that provides
elementary or secondary education (grade 12 or below) as determined under Florida
law. See Act § 202(d)(7)(A), (C)(i), (C)(ii); 20 C.F.R. § 404.367(a), (e); POMS RS 00205.001(A); POMS RS 00205.200(A).
Furthermore, we believe that A Beka is a correspondence school. Attendance at a correspondence
school, one that teaches students by mailing lessons and exercises to a student, who
returns the materials for grading, is generally not sufficient to satisfy the full-time
attendance requirements. See 20 C.F.R. § 404.367(b); POMS RS 00205.330(A). According to A Beka’s website, A Beka provides all necessary materials and the
student’s work is returned to A Beka for evaluation. See A Beka Academy, Accredited Program (visited May 13, 2013) http://www.abekaacademy.org/Homeschool/AccreditedProgram.aspx.
Home Schooling Under Georgia Law
Because Claimant resides in Georgia, we next turn to whether Claimant is home schooled
under Georgia law. The information provided suggests Claimant is home schooled in
accordance with Georgia law. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275(A). Parents or guardians may teach their children in a home study program meeting
the following requirements: (1) the parent, parents, or guardian must submit a declaration
of intent to use a home study program to the Department of Education within 30 days
after the establishment of a home study program and by September 1 annually thereafter;
(2) the declaration must include certain enrollment and address information; (3) the
parent or guardian providing instruction must possess at least a high school diploma
or G.E.D., although the parent or guardian may employ a tutor who holds a high school
diploma or G.E.D. to provide instruction; (4) the home study program must provide
a basic academic educational program, defined to include reading, language arts, mathematics,
social studies, and science; (5) the home study program must provide instruction 180
school days per year with each school day consisting of at least four and one-half
school hours, unless the child is physically unable to comply; (6) attendance records
must be kept and submitted annually to the Department of Education; (7) students must
be subject to an appropriate nationally standardized testing program administered
in consultation with a person trained to administer such tests at least every three
years beginning in third grade; and (8) the home study program instructor must write
an annual progress report. Ga. Code Ann. § 20-2-690(c). All references to the Georgia
Code are to the West 2013 version, unless otherwise indicated. Georgia refers to a
home school program as a “home study program.” Ga. Code Ann. § 20-2-690(a). The Georgia
Legislature amended subsections (1) and (6) of Ga. Code Ann. § 20-2-690(c), effective
July 2012, to require submission of the declaration of intent and attendance record
to the Department of Education on an annual basis. See 2012 Ga. Laws 642. Prior to the amendment, the statute required submission of those
documents to the local school district, and submission of attendance records monthly. See Ga. Code Ann. § 20-2-690 (West 2012). As noted in POMS PR 08005.012(A) (PR 13-056), the earlier opinions in POMS PR 08005.012(A) rely on PR 00-501 (Georgia Home Schooling), dated October 2, 1991, which reflects
the requirements of the prior Georgia statute and not the 2012 amendments.
The information provided indicates that Claimant’s mother submitted a declaration
of intent to use a home study program to the Georgia Department of Education. See Ga. Code Ann. § 20-2-690(c)(1), (c)(2). The information provided also states that
Claimant’s mother is the facilitator of her educational program and that Claimant’s
mother has a high school diploma. See id § 20-2-690(c)(3). The A Beka “accredited virtual homeschool program” in which Claimant
participates appears to provide a “basic academic educational program” as defined
under Georgia law consisting of reading, language arts, mathematics, social studies
and science. See id. § 20-2-690(c)(4); A Beka Academy, ABA High School Course Offerings (visited May 10,
2013) http://www.abekaacademy.org/Homeschool/PlanOfStudyProg1Prog2.aspx. According to the information provided, Claimant is currently enrolled in 30 hours
of coursework per week, which equates to 6 hours per school day, and the A Beka video
courses are designed for 90 lessons per semester for a 180 lesson calendar with five
lessons per semester designated for supplemental activities to enhance the learning
experience such as field trips and special events, which seems to comply with Georgia’s
requirement. See A Beka Academy, Frequently Asked Questions, General Academics (visited May 10, 2013)
http://www.abekaacademy.org/FAQ/GeneralAcademic.aspx#Lesson. Such a course load satisfies the requirements of 180 days of instruction with four
and a half hours each day. See Ga. Code Ann. § 20-2-690(c)(5). The information provided also states that Claimant’s
mother keeps attendance records and submits them to the State of Georgia at the end
of the school year. See id. § 20-2-690(c)(6). According to the information provided, A Beka also makes nationally
standardized tests available to students While it is unclear whether Claimant will
be administered standardized tests, it is likely not relevant at this time. Georgia
requires standardized test administration every three years beginning in third grade;
therefore Claimant would not be required to take a standardized test in this, her
eleventh grade year (tests would occur in third, sixth, ninth and twelfth grades). See GA. Code Ann. § 20-2-690(c)(7).
and its website states that it provides progress reports and report cards after each
grading period. See id. § 20-2-690(c)(7)-(8); A Beka Academy, Accredited Program (visited May 13, 2013) http://www.abekaacademy.org/Homeschool/AccreditedProgram.aspx.
Thus, Claimant’s use of A Beka’s course and materials in her home schooling program
along with the other information provided meet the requirements of Georgia’s home
study program law. Therefore, Claimant qualifies as an elementary or secondary school
student based on her instruction in secondary education at home under the home school
law of Georgia. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275(A). Additionally, Claimant’s program of study requires attendance at the rate of
30 hours per week, which meets the federal requirements for full time attendance. See 20 C.F.R. § 404.367(c); POMS RS 00205.300(C).
CONCLUSION
A Beka is not an educational institution under Florida law. However, Claimant is a
full-time secondary school student based on her participation in a home study program
in compliance with Georgia law.
Sincerely,
Mary A. Sloan
Regional Chief Counsel
By: Christopher D. Yarbrough
Assistant Regional Counsel