The Claimant meets applicable District of Columbia and federal law requirements to qualify as a home school student in the District of Columbia for purposes of eligibility for student benefits.

You asked whether R~ (the “Claimant”) is a home school student in the District of Columbia and thus eligible to receive Title II student benefits on the account of D~, the Number Holder (“NH”).

We believe that the Claimant meets applicable District of Columbia and federal law requirements to qualify as a home school student in the District of Columbia for purposes of eligibility for student benefits on the NH’s record.

The Claimant was born on January XX, 2002. She currently resides in D.C. She previously attended Hyde-Addison Elementary School. On July 19, 2019, the Claimant filed an SSA-1372 (Student’s Statement Regarding School Attendance) in order to receive child’s benefits as a student on the record of the NH. The Claimant was 17 years old at the time she submitted her SSA-1372. She will turn 18 on January XX, 2020.

In the SSA-1372, Claimant stated that she was home schooled, and that her current academic year was scheduled to begin on August 26, 2019 and end on June 19, 2020. She stated that she was scheduled to be home schooled 35 hours per week. She also averred that she had previously attended her home school program from August 20, 2018 through June 14, 2019. She listed her expected graduation date as June 2020.

M~, the Claimant’s mother, completed a Certification By School Official in her capacity as the Claimant’s home school supervisor. In relevant part, she certified that the home school’s course of study was at least 13 weeks in duration.

In support of her application, the Claimant submitted additional documentation to show compliance with District of Columbia home school regulations, including a letter from the District of Columbia Home School Coordinator acknowledging the Claimant’s home school plan for the academic year 2013-2014; the required annual update notice showing intent to continue homeschooling for the 2019-2020 academic year; transcripts showing the Claimant’s high school courses and grades; and a list of primary teachers with their educational background and relevant experience, among other things.

The agency also obtained the following information relevant to the Claimant’s application: the Claimant has fulfilled her health education requirement; the home school administrator maintains a portfolio of the Claimant’s schoolwork (available upon demand); and the Claimant is not enrolled in correspondence classes.

I. Federal Law

Section 202(d)(1)(B) of the Social Security Act provides for the payment of benefits to certain applicants who have not attained the age of eighteen (18) or are full-time students under the age of nineteen (19). See 42 U.S.C. §§ 402(d)(1)(B), 402(d)(7)(A); 20 C.F.R. § 404.350(a)(5). An “elementary or secondary school” is an educational institution that provides elementary or 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); 20 C.F.R. § 404.367(a). A student receiving home school instruction or who is in an independent study program, in accordance with the law of the state or other jurisdiction in which he or she resides, is also considered a secondary school student under agency regulations. 20 C.F.R. § 404.367(a)(1)-(2).

Regardless of whether the individual attends an educational institution that provides elementary or secondary education, receives qualified home school instruction, or is in a qualified independent study program, he or she must be in full-time attendance in a non-correspondence course of at least 13 weeks’ duration and his or her scheduled attendance must be at a rate of at least 20 hours per week. 20 C.F.R. § 404.367(a)-(c).

The individual must also not receive compensation from an employer while attending school, be enrolled in grade 12 or below, and not subject to the provisions of Section 404.468 for nonpayment of benefits to certain prisoners and certain other inmates of publicly funded institutions. 20 C.F.R. § 404.367(d)-(f).

II. District of Columbia Law on Homeschooling

The Claimant alleges that she attends home school in Washington, D.C. Every child between the ages of five and 17 residing in the District of Columbia must receive an education. D.C. Code § 38-202(a). Under District of Columbia law, the Office of State Superintendent of Education (OSSE) administers and implements District of Columbia’s home schooling regulations. 5-E D.C. Mun. Regs. § 5201.1. In relevant part, the regulations implementing District of Columbia’s home schooling program require the following:

• A parent who chooses to provide home schooling shall notify the OSSE of his or her intent to home school a child at least fifteen (15) days prior to the first date of home instruction, 5-E D.C. Mun. Regs. § 5202.1;

• For each year in which a home schooling program continues, the parent shall file a Home Schooling Notification Form identifying the child being home schooled no later than August 15th of each year, 5-E D.C. Mun. Regs. § 5203.1;

• The home schooling program must provide “thorough, regular instruction of sufficient duration to implement the home school program,” 5-E D.C. Mun. Regs. § 5204.1(a);

• The home schooling instruction must include, at a minimum, language arts, mathematics, science, social studies, art, music, health, and physical education, 5-E D.C. Mun. Regs. § 5204.1(b);

• The parent or legal guardian administering the program must maintain a portfolio of the home schooling materials including evidence of the child’s current work (e.g., “the child’s writing, worksheets, workbooks, creative materials, assessments, or any other materials that demonstrate that the child is engaged in thorough, regular educational activities in a range of subjects),” 5-E D.C. Mun. Regs. § 5205.1 and

• Parents or legal guardians wishing to be their child’s instructors must hold a high school diploma or its equivalent. 5-E D.C. Mun. Regs. § 5207.1.

III. The Claimant's Home School Program Meets the Requirements of District of Columbia Law.

Based on the evidence presented, the Claimant’s home school program satisfies the standards of District of Columbia law for home schooling.

First, as required by 5-E D.C. Mun. Regs. § 5202.1, the Claimant’s parents appear to have timely notified the District of Columbia of their intent to home school the Claimant, as evidenced by OSSE’s August 28, 2013 acknowledgment of their Notice of Intent.

Second, as required by 5-E D.C. Mun. Regs. § 5203.1, the Claimant’s parents timely submitted the required annual update showing their intent to continue home schooling for the Claimant for the current academic year (2019-2020).

Third, while not specifically defined under the District of Columbia home schooling regulations, the Claimant’s home school program appears to satisfy the “thorough, regular instruction of sufficient duration to implement the home school program” requirement of 5-E D.C. Mun. Regs. § 5204.1(a). In particular, the evidence provided by the Claimant documents that she receives 35 hours of instruction per week and that her school year lasts at least 13 weeks.

Fourth, the evidence provided by the Claimant indicates that she has received and will receive instruction in AP Literature (English-Language Arts), Spanish, Calculus-Statistics (Mathematics), Physics (Science), Honors Art History (Social Studies), U.S. Government (Social Studies), and Psychology (Social Studies), World Religions, Classic Piano (Fine Arts/Music), Ballet (Physical Education) and Performing Arts (Physical Education). The agency obtained confirmation that the Claimant’s curriculum also included health education, as required by 5-E D.C. Mun. Regs. § 5204.1(b).

Fifth, the agency confirmed that a portfolio of the Claimant’s current schoolwork is maintained and available upon demand, as required by 5-E D.C. Mun. Regs. § 5205.1.

Sixth, while it does not appear that the Claimant’s parents provide instruction as part of her home school program, the Claimant submitted a list of her primary teachers with their educational backgrounds and relevant experience, and each of them have at least a college degree. 5-E D.C. Mun. Regs. § 5207.1.

Accordingly, the Claimant’s home school program satisfies the standards of District of Columbia law.

IV. The Claimant’s Home School Program Meets the Requirements of Federal Law.

The Claimant’s home school program also satisfies the requirements of federal law. 20 C.F.R. § 404.367(a)-(c). First, as set forth above, the Claimant participates in instruction provided at home in accordance with the home school law of the District of Columbia, the jurisdiction in which she resides. 20 C.F.R. § 404.367(a). Second, the Claimant is not in a correspondence course and indicated that her course work will last more than 13 weeks. 20 C.F.R. § 404.367(b)^[1] . Third, and finally, the Claimant indicated that she is attending school more than 20 hours per week. 20 C.F.R. § 404.367(c).

Based upon our review of the facts you provided to us, as well as both federal and District of Columbia law, the Claimant meets the requirements of District of Columbia and federal law for purposes of eligibility for student benefits.