Your office has requested our advice as to whether the Total Learning Center Christian
School (TLC) is an educational institution under the laws of the state of Georgia
or recognized by the Cobb County School Board. You also requested our advice on the
McDonough Baptist Tabernacle School in a later memorandum. We are addressing both
situations in this memorandum.
Georgia statutory provisions with respect to private schools are found at Section
20-2-690 of the Official Code of Georgia. Section 20-2-690 provides in pertinent part
as follows:
(a) This subpart recognizes the existence of public schools, private schools, and
home study programs as educational entities.
(b) As used in this subpart, the term "private school" means an institution meeting
the following criteria or requirements:
(1) The primary purpose of the institution is to provide education or, if the primary
purpose of the institution is religious in nature, the institution shall provide the
basic educational program specified in paragraph (4) of this subsection;
(2) The institution is privately controlled and operates on a continuing basis;
(3) The institution provides instruction each 12 months for the equivalent of 180
school days of education with each school day consisting of at least four and one-half
school hours;
(4) The institution provides a basic academic educational program which includes,
but is not limited to, reading, language arts, mathematics, social studies, and science;
(5) Within 30 days after the beginning of each school year, it shall be the duty of
the administrator of each private school to provide to the school superintendent of
each local public school district which has residents enrolled in the private school
a list of the name, age, and residence of each resident so enrolled. At the end of
each school month, it shall be the duty of the administrator of each private school
to notify the school superintendent of each local public school district of the name,
age, and residence of each student residing in the public school district who enrolls
or terminates enrollment at the private school during the immediately preceding school
month. Enrollment records and reports shall not be used for any purpose except providing
necessary enrollment information, except with the permission of the parent or guardian
of a child or pursuant to the subpoena of a court of competent jurisdiction; and
(6) Any building used by the institution for private school purposes meets all health
and safety standards established under state law and local ordinances.
Your memorandum did not provide sufficient information for us to make a determination
as to whether Total Learning Center Christian School or McDonough Baptist Tabernacle
School are in substantial compliance with Georgia statutes that pertain to private
schools. You would certainly want to make certain that they are in compliance with
subsections (1) - (4) of the aforementioned statutory provisions. Since the state
statutes set forth some very specific requirements with respect to private schools,
we feel that it would be appropriate for your office to develop a checklist based
on the above statutory provisions which can be utilized in evaluating the status of
Total Learning Center Christian School as well as other private schools in Georgia
to supplement the questionnaire in the POMS. We would certainly be willing to comment
on any such list if you would like to have our input.
We further note that section 20-2-694 of the Official Code of Georgia provides that:
It shall be the duty of each county and independent school system board of education
and each local school superintendent within the state to administer this subpart and
to secure its enforcement in cooperation with the other state and county agencies
and in cooperation with the administrators of private schools and parents or guardians
providing a home study program.
Therefore, contact with the local school superintendent could assist in your determination.
We have noted an increase in requests for a determination as to whether a private
school or home school situation is an educational institution. We have previously
stated in several prior opinions that Georgia and other states in our region do not
require accreditation for an institution to be considered an educational institution.
Therefore, lack of accreditation will not affect the school's status. Most private
schools and home schools will have no accreditation. What the Social Security Administration
(SSA) should basically look for is the course of study, the length of the school year,
attendance records, the number of students, the number of teachers (certification
is not necessary in most states), grade levels, affiliations with other schools or
organizations, length of time in existence, any reports made to the local school system,
and any organizational documents, if a corporation.
While some states have some other requirements such as immunization, building standards,
and reports to local authorities, minor infractions would probably not affect the
school's status but only subject the school to some sort of sanctions for non-compliance.
POMS section 01010.820 provides for the resolution of an issue by the payment center
where there is an opinion which will resolve an issue. Therefore, while POMS section
RS 00205.250B.2 seems to indicate that all determinations of an educational institution should be
submitted to our office, we feel that unless SSA detects a significant problem in
one of these areas or has another reason to suspect that the school may not comply
with state statutes, a determination can be made at the program level that the school
is an educational institution (unless it is a state where we have not rendered a prior
opinion on educational institutions). If there is some doubt about a school's status,
we need specific information on the suspected deficiency with appropriate documentation.
Attachment
ELEMENTARY AND SECONDARY EDUCATION 20-2-690
20-2-690 "Educational entities" listed; requirements for private schools and home
study programs.
(a) This subpart recognizes the existence of public schools, private schools, and
home study programs as educational entities.
(a) As used in this subpart, the term "private school" means an institution meeting
the following criteria or requirements:
(1) The primary purpose of this institution is to provide education or, if the primary
purpose of the institution is religious in nature, the institution shall provide the
basic academic educational program specified in paragraph (4) of this subsection;
(2) The institution is privately controlled and operates on a continuing basis;
(3) The institution provides instruction each 12 months for the equivalent of 180
school days of education with each school day consisting of at least four and one-half
school hours;
(4) The institution provides a basic academic educational program which includes,
but is not limited to, reading, language arts, mathematics, social studies, and science;
(5) Within 30 days after the beginning of each school year, it shall be the duty of
the administrator of each private school to provide to the school superintendent of
each local public school district which has residents enrolled in the private school
a list of the name, age, and residence of each resident so enrolled. At the end of
each school month, it shall be the duty of the administrator of each private school
to notify residence of each student residing in the public school the school superintendent
of each local public school district of the name, age, and residence of each student
residing in the public school district who enrolls or terminates enrollment at the
private school during the immediately preceding school month. Enrollment records and
reports shall not be used for any purpose except providing necessary enrollment information,
except with the permission of the parent or guardian of a child or pursuant to the
subpoena of a court of competent jurisdiction; and
(6) Any building used by the institution for private school purposes meets all health
and safety standards established under state law and local ordinances.
(c) Parents or guardians may teach their children at home in a home Study program
which meets the following requirements:
(1) The parent, parents, or guardian must submit within 30 days after the establishment
of a home study program and by September 1 annually thereafter a declaration of intent
to utilize a home study program to the superintendent of schools of the local school
district in which the home study program is located;
(2) The declaration shall include a list of the names and ages of the students who
are enrolled in the home study program, the address where the home study program is
located, and a statement of the 12 month period that is to be considered the school
year for that home study program. Enrollment records and reports shall not be used
for any purpose except providing necessary enrollment information, except with the
permission of the parent or guardian of a child or pursuant to the subpoena of a court
of competent jurisdiction;
(3) Parents or guardians may teach only their own children in the home study program
provided the teaching parent or guardian possesses at least a high school diploma
or a general educational development (GED) equivalency diploma, but the parents or
guardians may employ a tutor who holds at least a baccalaureate college degree to
teach such children;
(4) The borne study program shall provide a basic academic educational program which
includes, but is not limited to, reading, language arts, mathematics, social studies,
and science;
(5) The home study program must provide instruction each 12 months to home study students
equivalent to 180 school days of education with each school day consisting of at least
four and one-half school hours unless the child is physically unable to comply with
the rule provided for in this paragraph;
(6) Attendance records for the home study program shall be kept and shall be submitted
at the end of each month to the school superintendent of the local school district
in which the home study program is located.
Attendance records and reports shall not. be used for any purpose except providing
necessary attendance information, except with the permission of the parent or guardian
of a child or pursuant to the subpoena of a court of competent jurisdiction;
(7) Students in home study programs shall be subject to an appropriate nationally
standardized testing program administered in consultation with a person trained in
the administration and interpretation of norm reference tests to evaluate their educational
progress at least every three years beginning at the end of the third grade and records
of such tests and scores shall be retained but shall not be required to be submitted
to public educational authorities; and
(8) The home study program instructor shall write an annual progress assessment report
which shall include the instructor's individualized assessment of the student's academic
progress in each of the subject areas specified in paragraph (4) of this subsection,
and such progress reports shall be retained by the parent, parents, or guardian of
children in the home study program for a period of at least three years.
(d) Any person who operates a private school without complying with the requirements
of subsection (b) of this Code section or any person who operates a home study program
without complying with the requirements of subsection (c) of this Code section shall
be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine
not to exceed $100.00.
(e) The State Board of Education shall devise, adopt, and make available to local
school superintendents, who shall in turn make available to administrators of private
schools and parents or guardians with children in home study programs, such printed
forms and procedures shall not be inconsistent or exceed the requirements of this
Code section. (Code 1981, § 20-2-690, enacted by Ga. L. 1984, p. 1266, § 1; Ga. L.
1985, p. 149. § 20; Ga. L. 1986, p. 10, § 20.)
Cross references. — Characterization as "unruly" of child who is habitually truant
from school, § 16-11-2(12)(A). Disposition of child found by juvenile court to be
unruly, § 15-11-36. Editor's notes. — Section 1 of Ga. L. 1984, p. 1266 repealed former
Code Section 21-2-690 and substituted in lieu thereof present Code Sections 20-2-690
and, 20-2-690.1. Present Code Section 20-2-690.1 is essentially a continuation of
the provisions of former Code Section 20-2-690. See the editor's notes to Code Section 20-2-690.1.
Law reviews. - For note, "A Constitutional Analysis of Compulsory School Attendance
Laws in the Southeast Do They Unlawfully Interfere with Alternatives to Public Education?",
see 8 Ga. St. U.L Rev. 457 (1992).
OPINIONS OF THE ATTORNEY GENERAL
Requiring parents to produce evidence of compliance. — While responsibility for the
enforcement of the statutory requirements to home study programs rests in large measure
upon local school superintendent, a local school superintendent does not have the
power to issue subpoenas, require the production of documents, or to otherwise require
parents to affirmatively "produce evidence" of their continuing compliance with the
law in the operation of home study programs, and while the local school superintendent
is free to "request" such materials and statements, he has no compulsory process which
can be invoked to secure such information other than in connection with a pending
legal proceeding, 1986 Op. Att'y Gen. No. U86-19.
RESEARCH REFERENCES
Am. Jur. 2d. - 42 Am. Jur. 2d. Infants. § 21. 69 Am. Jur. 2d, Schools, §§ 228-233.
C.J.S. — 78A C.J.S., Schools and School Districts 734, 735, 737, 738, 740.
ALR — Schools: extent of legislative power with respect to attendance and curriculum,
39 ALR 477, 53 ALA 832.
Religious beliefs of parents as defense to prosecution for failure to comply with
compulsory education law, 3 ALR2d 1401.
What constitutes a private, parochial, or denominational school within statute making
attendance at such school a compliance with compulsory school attendance law, 65 ALR3d
1222.
Validity of local or state denial of public 20-2-694. Administration and enforcement
of subpart.
It shall be the duty of each county and independent school system board of education
and each local school superintendent within the state to administer this subpart and
to secure its enforcement in cooperation with the other state and county agencies
and in cooperation with the administrators of private schools and parents or guardians
providing a home study program. (Ga. L. 1945, p. 343, § 4; Ga. L. 1984, p. 1266, §
3.)
OPINIONS OF THE ATTORNEY GENERAL
Provisions neither not prohibit parents from sending children to school during teachers
absence. - Sections 20-2-690 through 20-2-694 neither authorize nor prohibit a school
from directing the parents of children whose teacher is absent not to send their children
to school during the teacher's absence. 1952-53 Op. Att'y Gen. p. 331.
RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. jut. 2d, Schools, § 233. C.J.S. - 79 C.J.S, Schools and School
Districts, § 470. l