Kentucky considers home schools to be non-public schools and the laws relating to non-public schools apply equally to home schools.

Whether S~ (Claimant), residing in Kentucky, is eligible for child’s insurance benefits (CIB) on the earnings record of D~, the deceased number holder (NH), as a full-time high school student who receives instruction at home through Liberty University Online Academy (LUOA).

Claimant has demonstrated that he is home schooled in accordance with the requirements of Kentucky law and he is in full-time attendance for determining his eligibility for CIB as a full-time secondary school student on NH’s earnings record.

According to the information provided, Claimant received CIB on the NH’s earnings record. On August 26, 2020, the agency informed Claimant and his mother, M~, that Claimant’s CIB would automatically stop when he attained age eighteen, unless he was a full-time student at an elementary or secondary school. Because Claimant seeks CIB beyond the age of seventeen, he completed a Student’s Statement Regarding School Attendance form (Form SSA-1372-BK), indicating he lives in Lexington, Kentucky. Claimant reported that he attends LUOA, located in Lynchburg, Virginia,^[1] and described LUOA as an online homeschool program. Claimant stated he began attending LUOA on August 24, 2020, and that the school year will end in May of 2021, when he expects to graduate from high school. He indicated that he would be in full-time attendance for that period and that he attends LUOA thirty-five to forty hours per week. Claimant is not disabled, not married, and does not expect to earn more than $18,240 in 2020. His employer does not pay him to attend school.

On July 21, 2020, P~, a high school academic advisor for LUOA, completed and signed the Certification by School Official page of Claimant’s Form SSA-1372-BK, confirming Claimant’s attendance information. She indicated that LUOA’s course of study is at least thirteen weeks in duration and that LUOA operates on a yearly basis.

Claimant provided an official transcript of the courses he completed in the school years from 2017 through 2020 and the courses he was expected to complete in his final school year before graduation. P~ signed the official transcript. Claimant’s list of courses for his high school years included an English course each school year, a history or government course each year, a math course each year, a science course each year, some computer courses, a religion course, a course in financial literacy, a communication course, and a global studies course. Claimant received As or Bs in all of his courses for the first three years of study.

On August 24, 2020, K~, pupil personnel for Fayette County Public Schools, received a home school notification form completed by Claimant’s mother. M~ indicated that Claimant would enroll in home school for the year of 2020-2021 and that he was attending LUOA.

By e-mail correspondence on January 14, 2021, Claimant’s mother also verified that Claimant completes six to eight hours of lessons and schoolwork per day. She also stated that Claimant does catch up work on holidays and on weekends, as needed, to complete his assigned work. In the current 2020-21 school year, M~ stated that Claimant has not missed any school days. M~ also provided images of Claimant’s electronic school calendar, documenting the classes and assignments he completes each day.

LUOA’s website states that it provides accredited online education for kindergarten through twelfth grade. Liberty University Online Academy, Accreditation, https://www.liberty.edu/online-academy/school-accreditation/ (last visited Jan. 11, 2021). An LUOA school year consists of two, eighteen-week semesters and a full-time student should complete the 180-day school year in ten months. Liberty University Online Academy, What to Expect, https://www.liberty.edu/online-academy/what-to-expect/ (last visited Jan. 11, 2021). LUOA’s website states that the Association of Christian Schools International and the Southern Association of Colleges and Schools Council on Accreditation and School Improvement accredit LUOA. Id. In addition, the website states that the Commonwealth of Virginia recognizes LOUA as a member institution of the Virginia Council for Private Education. Id.

Students attending LUOA have three main avenues of support while enrolled in the school—an academic advisor, teachers, and subject specialists—and parents are encouraged to take an active role in their child’s education. See id. LUOA presents lessons in text and video format and the student completes problems, assignments, and tests electronically. See id. Teachers grade written work and tests and communicate grades and any comments to parents and students. See id. Parents and students can access grades anytime through an online grade book. Id. The parent is the primary teacher and the primary source for holding students accountable for progress in their courses. See Liberty University Online Academy, FAQs: Online, https://www.liberty.edu/online-academy/faq-online/ (last visited Jan. 11, 2021). Academic advisors send progress reports to parents twice a month, although parents are encouraged to continuously monitor their student’s work through their parent observer account. Id. Academic advisors also manage a student’s records, class schedule, and transcripts. See Liberty University Online Academy, What to Expect, https://www.liberty.edu/online-academy/what-to-expect/

Claimant has demonstrated that he is home schooled in accordance with the requirements of Kentucky law and he is in full-time attendance for determining his eligibility for CIB as a full-time secondary school student on NH’s earnings record.

For determining the eligibility of B~ (Claimant) for child’s insurance benefits (CIB), you asked whether the instruction Claimant receives at home through James Madison High School and Ashworth College (James Madison) qualifies as home schooling under Kentucky law. You also asked if Claimant is in full-time attendance.^[5]

Claimant has demonstrated that he is home schooled in accordance with the requirements of Kentucky law and he is in full-time attendance for determining his eligibility for CIB.

According to the information provided, Claimant received CIB on the earnings record of his father, decedent B~, the number holder. Claimant seeks CIB beyond the age of seventeen as a full-time student. Claimant completed a Student Statement Regarding School Attendance form (Form SSA-1372), in which he indicated he lives in S~, Kentucky, and attends James Madison thirty-five hours per week. Claimant indicated James Madison is a high school program that he has attended since August 2017. Claimant reported he expected to graduate in May 2020, was not married or disabled, did not expect to earn more than $17,041 in 2018, and was not being paid to attend school. K~, who described herself as Claimant’s guardian and “overseer of time on school work,” completed and signed the Certification by School Official page of Form SSA-1372 and indicated that the information Claimant provided was correct. K~ also indicated James Madison’s course of study lasts at least thirteen weeks.

K~ completed a “Home School Notification Form” on July 27, 2018, to notify the Hopkins County school district that Claimant was being home schooled for the 2018-2019 school year. K~ documented that Claimant was in the eleventh grade and that she was teaching him reading, writing, spelling, grammar, history, math, science, and civics. Additionally, K~ provided a printout from the James Madison website indicating that Claimant was taking online courses in U.S. Government and Economics, Fitness, Algebra, English, and Physical Science. K~ also certified to the local school district that she is keeping a portfolio of the Claimant’s work from year to year, that Claimant is receiving the minimum of 175 six-hour instructional days, and that she is maintaining academic records for Claimant. K~also certified that Claimant’s academic records and school work are available for inspection by the local school district in case of inquiry.

K ~ provided a letter indicating that Claimant’s school hours varied from 27 to 33 hours per week and that occasionally he attended almost 38 hours per week. Additionally, K~ provided a sheet from Claimant’s attendance log for the 2018/2019 school year, showing that she is recording his hours of attendance on a weekly basis. The log sheet provided indicates that Claimant attended 32 hours and 34.5 hours respectively for the two weeks recorded on the page.

Additionally, P~, an Education Specialist with James Madison, provided a letter, dated July 3, 2018, on Claimant’s behalf. K~ indicated that Claimant enrolled in James Madison’s program on February 3, 2017, and that he was active and in good academic standing. She further indicated that the curriculum, faculty, and policies of James Madison were regionally accredited by the Southern Association of Colleges and Schools and nationally accredited by the Distance Education Accrediting Commission. The James Madison website indicates that through its online services, students are able to study materials and assignments, take exams, and access their grades for projects and classes taken. See James Madison High School Online Learning, https://www.jmhs.com/academics/how-it-works/online-learning/ (last visited Feb. 12, 2019). Students may also obtain a James Madison transcript of their courses and grades by contacting student services. See James Madison High School Curriculum, https://www.jmhs.com/admissions/faq/ (last visited Feb. 12, 2019).

To be eligible for CIB on the earnings record of an individual who died fully or currently insured, 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 (2018);^[6] POMS RS 00205.001(A). An individual may qualify as a “full-time elementary or secondary school student” if he or she attends an educational institution, i.e., a school that provides elementary or secondary education (twelfth grade 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 elementary or secondary education at home under the home school law of the state or other jurisdiction where the individual resides. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275(A). The law of the state in which the home school is located must recognize home schooling as an educational institution. See POMS RS 00205.275(B). The individual’s home school instructor must submit evidence that the state requirements for home schooling are met. See POMS RS 00205.275(C).

An individual also must attend school full time to qualify as a “full-time elementary or secondary school student.” See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.001(A); POMS RS 00205.300(A). An individual is in full-time attendance if he or she is attending an educational institution and meets both state and Federal standards for full-time attendance. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(a), (c); POMS RS 00205.295(B); POMS RS 00205.300(A). An individual meets the state standards if a qualifying educational institution considers the individual to be a full-time student based on the institution’s standards and practices. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b); POMS RS 00205.300(B); POMS RS 00205.350(C)(1). An individual meets the Federal standards if he is scheduled to attend school at the rate of twenty hours per week, enrolled in a noncorrespondence course, and enrolled in a course of study that is of at least thirteen weeks duration. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300(C). A home schooled individual must meet the Federal standards for full-time attendance and carry a subject load that is considered full-time for day students under standards and practices set by the state in which the individual resides. See 20 C.F.R. § 404.367(b); POMS RS 00205.275(B). The home schooling instructor is the certifying school official for full-time attendance purposes on Form SSA-1372. See POMS RS 00205.275(B); see also POMS RS 00205.350(B) (stating the agency uses Form SSA-1372 to verify attendance).

Because Claimant resides in Kentucky, we look to Kentucky law to determine whether Kentucky recognizes home schooling as an educational institution, and if it does, whether Claimant’s instruction at home meets Kentucky’s requirements for home schooling. See Act § 202(d)(7)(C)(i); 20 C.F.R. § 404.367(a)(1), (b); POMS RS 00205.275(A), (B). Kentucky considers home schools to be non-public schools and the laws relating to non-public schools apply equally to home schools. See Ky. Dep’t of Ed., Ky. Home Sch. Info. Packet, https://education.ky.gov/federal/fed/Documents/Kentucky%20Homeschool%20Information%20Packet.pdf (Ky. Home Sch. Info. Packet) (last visited Feb. 12, 2019). Parents are required to notify the superintendent of the local school board in writing within two weeks of the beginning of the school year of their intent to homeschool their children each year. See Ky. Rev. Stat. Ann. §§ 159.030(1)(b), 159.160 (West 2018).^[7] Parents must also establish a bona fide school for the child to attend, report the names, ages, and residences of all pupils, and create a school name to be used for future records and diplomas. See Ky. Rev. Stat. Ann. § 159.160; Ky. Home Sch. Info. Packet. Parents must record and maintain scholarship reports of each student’s progress at the same intervals as the local public schools. See Ky. Rev. Stat. Ann. § 159.040. The Kentucky Department of Education suggests that parents responsible for instruction keep a portfolio that contains samples of the best work done by each child in several areas of study and maintain the portfolio each year the student is homeschooled; a record of courses taken and grades received is also necessary. See Ky. Home Sch. Info. Packet. Home schools are also required to keep accurate attendance records of pupil attendance. See Ky. Rev. Stat. Ann. §§ 159.040, 159.160. The attendance records may be kept in a notebook, on a computer, or in another manner, but must be readily available in case of an inquiry. See Ky. Home Sch. Info. Packet. The minimum school term is 1062 instructional hours. See id; see also Ky. Rev. Stat. Ann. § 158.070(1)(f) (stating “‘Student instructional year’ means at least one thousand sixty-two (1,062) hours of instructional time for students delivered on not less than one hundred seventy (170) student attendance days”). Home schools are further required to provide education in the English language and subjects should include reading, writing, spelling, grammar, history, mathematics, and civics. See Ky. Home Sch. Info. Packet; Ky. Rev. Stat. Ann. §§ 159.040; 156.445(3).

The information provided establishes that Claimant’s instruction through James Madison satisfies the Kentucky requirements for home schooling. K~ provided the school district with the notice and information required to begin home schooling Claimant. Further, K~ meets the requirement of recording and maintaining scholarship reports of Claimant’s progress. She does this recordkeeping by following the recommendation of the Kentucky Department of Education to keep a portfolio of Claimant’s work in each subject and maintain the portfolio for each year of homeschooling. The James Madison website also indicated that Claimant’s grades for assignments and classes taken are readily available online, as well as paper transcripts of courses and grades. Additionally, K~ certified that she kept accurate records of Claimant’s attendance by keeping a notebook of Claimant’s hourly attendance for each day of the week of home schooling. K~ also certified that Claimant meets the minimum requirement of 175 instructional days per school year. K~ has reported that Claimant averaged 30 hours of instruction a week, which would equal the minimum school term of 1,062 instructional hours, as set out in the Kentucky Home School Information Packet.^[8]

Moreover, K~'s certification and the website printout provided from James Madison demonstrate that Claimant is being instructed in all required subjects of reading, writing, spelling, grammar, history, mathematics, science, and civics. As such, Claimant meets the requirements for home schooling under Kentucky law.

Claimant also satisfies the Federal requirements for full-time attendance. Claimant reported, and K~ confirmed, that he was scheduled to attend James Madison for more than twenty hours per week; K~ confirmed that Claimant’s course of study was at least thirteen weeks in duration; and nothing in the information available indicates that Claimant is enrolled in a correspondence course. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(a), (c); POMS RS 00205.295(B); POMS RS 00205.300(A).

Claimant has demonstrated that he is participating in a home school program in compliance with Kentucky law and he meets the requirements for full-time attendance.