Tennessee recognizes home school as an educational institution. Parents have three home school options: (1) Independent home school; (2) Church-related umbrella school; and (3) Accredited online school.

Claimant’s enrollment with Acellus Academy meets Tennessee’s requirements for a home school through an accredited online school, and he meets state and federal full-time attendance requirements.

Whether J~ (Claimant) is eligible for child’s insurance benefits (CIB) as a full-time home school student enrolled with Acellus Academy (AA).

Claimant’s enrollment with AA meets Tennessee’s requirements for a home school, and he meets state and federal full-time attendance requirements.

On August XX, 2021, Ms. B~, Claimant’s mother, completed and signed a Tennessee Notice of Intent to Home School. She stated Claimant was scheduled to work on school 180 days per year or more, had a full-time class load, and was working on 24 credits to obtain a high school diploma. She stated Claimant was in eleventh-grade and would take the following classes: English I, Business Math, Economics, Biology, H.S. Health, and Intro. To Coding. She provided information from AA showing Claimant’s enrollment in AA, and his grades in each class. Ms. B~ stated she had a GED or high school diploma.

Claimant completed a Student’s Statement Regarding School Attendance (Form SSA-1372). He stated he lives in Gatlinburg, Tennessee, is not married, and is not disabled. Claimant stated he attends AA full-time and that AA is an “Online + home” program located in Missouri. Claimant reported the school year at AA began September XX, 2021, and ends June XX, 2022. Claimant also reported he attends AA twenty-five hours per week and expects to graduate from high school in June 2023. He stated no employer pays him to attend school.

Ms. B~ completed and signed the Certification by School Official page of Form SSA-1372. She described her title as “Parent—Homeschool Coordinator/Teacher. She indicated the information Claimant provided was correct and stated Claimant’s course of study lasts at least thirteen weeks.

AA’s website states AA is a K-12 online private school located in Kansas City, Missouri. AA, Overview, https://www.acellusacademy.com/about-us/ (last visited Jan. 14, 2022). The website also states its online curriculum is taught by master teachers from across the nation and it has provided instruction to millions of students. Id.

AA states each lesson begins with a video lecture in which a teacher presents a single, specific concept or a few concepts that are tightly intertwined. AA, Student Experience, https://www.acellusacademy.com/student-experience/ (last visited Jan. 14. 2022). Students learn at home under the direct supervision of their parent or guardian and AA provides parents with detailed insight regarding the progress of the student in real-time. https://www.acellusacademy.com/parent-involvement/ (last visited Jan. 14, 2022). AA is fully accredited with the Western Association of Schools & Colleges (WASC). AA, Accreditation and Approval, https://www.acellusacademy.com/accreditation/ (last visited Jan. 14, 2022).

Claimant is eligible for CIB as a full-time home school student under Tennessee law.

Because the Claimant resides in Tennessee, we look to Tennessee law to determine whether Tennessee recognizes home schooling as an educational institution, and if it does, whether Claimant’s situation meets Tennessee’s requirements for home schooling.

Tennessee recognizes home school as an educational institution. In Tennessee, a home school is a school conducted or directed by a parent,parents, a legal guardian, or guardians for their own children. Parents in Tennessee have three options for home schooling their own children: (1) independent home school; (2) church-related school (CRS); and (3) accredited online school. A CRS is a school operated by a denominational, parochial, or other bona fide church organization that meets the standards of accreditation or membership in various associations, including the Tennessee Association of Non-public Academic Schools (TANAS).

SailAway Learning & Academy (SALA) is a CRS under Tennessee law. The Claimant’s instruction at home through SALA is in accordance with Tennessee home school law, and the Claimant is in full-time attendance for determining Claimant’s eligibility for child’s insurance benefits as a full-time elementary or secondary school student.

Whether C~ (Claimant), a resident of Tennessee, is eligible for child’s insurance benefits (CIB) as a full-time secondary school student on the earnings record of A~, the number holder (NH), based on homeschooling through SailAway Learning & Academy (SALA).

Claimant’s instruction at home through SALA is in accordance with Tennessee home school law, and Claimant is in full-time attendance for determining Claimant’s eligibility for CIB as a full-time secondary school student on NH’s earnings record.

Claimant applied for CIB as a secondary school student on NH’s earnings record. Claimant completed a Student Statement Regarding School Attendance form (Form SSA-1372-BK), in which he indicated that he resides in Medina, Tennessee, and is in full-time attendance at SALA. Claimant noted SALA is located in Kingston, Tennessee, and described SALA as a high school. Claimant reported he attended SALA for thirty hours a week. Claimant expects to graduate from high school in May 2020 and attended SALA during the previous school year, which he described as a home school. He further reported that he was not married or disabled, but he did not indicate whether he was being paid to attend school. The agency reported that Claimant alleges he is being homeschooled through SALA.

S~, homeschool advisor for SALA, completed and signed the Certification by School Official page of Form SSA-1372-BK confirming the information Claimant provided about his current attendance and attendance in the previous school year. S~ indicated that SALA’s course of study was at least thirteen weeks in duration and that SALA operated on a quarterly/semester basis that required reenrollment.

SALA’s website indicates that it is located in Kingston, Tennessee, and offers instruction through a “microschool” and two “homeschool umbrella” programs. SALA, Home, https://www.sailawaylearning.com/ (last visited April 24, 2020). SALA’s homeschool webpage states that it “accept[s] all students who have a parent or guardian desiring to utilize the freedoms granted to them to teach, or oversee the teaching of their student,” but “[p]arents and guardians must agree to abide by the regulation of the law pertaining to homeschooling as well as to comply with the requirements of [SALA’s] Homeschool Program.” SALA, SailAway Homeschool, https://www.sailawaylearning.com/homeschool-information/ (last visited April 24, 2020). SALA’s website states that it “designed its homeschool umbrella programs to ensure, among other things, that the “[r]equirements of Tennessee’s homeschool laws are fully met,” “[a]ccurate educational records are maintained for each student,” and “[r]ecord keeping and twice-a-year grade reports” are available. SALA, https://www.sailawaylearning.com/quick-start-guide/ (last visited April 24, 2020). Parents and guardians must select their curriculum and classes, teach their student(s) a minimum of 4 hours per day for 180 days, and report semester grades and attendance to SALA. Id. The student’s parent or guardian must complete the student’s homeschool enrollment and must have a high school diploma or GED. SALA, Enrollment, https://www.sailawaylearning.com/ homeschool-enrollment/ (last visited April 24, 2020).

SALA’s website states that it “is a Category IV institution licensed under” the Tennessee Association of Non-public Academic Schools (TANAS). SALA, FAQs, https://www.sailawaylearning.com/faqs/ (last visited April 24, 2020). SALA “notif[ies] the appropriate county office that your student is registered with us.” Id. SALA requires homeschoolers to re-enroll each year, submit grades and attendance twice a year, and provide a completed list of curricula. Id. SALA’s website lists S~ as its homeschool advisor. SALA, SailAway Learning Staff, https://www.sailawaylearning.com/staff/ (last visited April 24, 2020).

On April 23, 2020, C2~, SALA’s Director of Homeschool Operations, reported via an email to the agency that “SALA does require (and document) that each child enrolled in school be vaccinated against disease or have a written statement from the child’s doctor excusing the child from immunization” and that “SALA does offer standardized achievement tests.” See SALA, SailAway Learning Staff, https://www.sailawaylearning.com/staff/ (listing C2~ as SALA’s Director of Homeschool Operations). C2~ also reported that SALA was the “second type” of hybrid home school/church-related school (CRS) outlined under Tennessee home school law (discussed below), stating “the parent-teacher enrolls the parent’s home school student in a CRS and participates as a teacher in that CRS,” and “the parent-teacher must be subject to the requirements established by the CRS for home school teachers, but is otherwise exempt from the rest of the Tennessee statute covering home schools.”

The Tennessee Department of Education’s website lists SALA as an active private school and classifies SALA’s accreditation as a church-related school. Tenn. SDE directory, https://k-12.education.tn.gov/sde/DetailSchool.asp?bu_id=6969 (last visited April 24, 2020). The Tennessee Department of Education’s current (as of March 9, 2020) list of nonpublic schools includes SALA. Tenn. Dep’t of Edc., Nonpublic Schools, https://www.tn.gov/education/school-options/non-public-schools.html (last visited April 24, 2020) (proving link to download current listing of non-public schools). The list indicates that SALA is a satellite school associated with TANAS and is a category IV school. Id. The Tennessee Department of Education’s website describes category 4 schools as “[s]chools that are church-related which are defined by law as those operated by a denominational, parochial, or other church organization and which meet the statutory accrediting requirements. Schools in this category are exempt from state regulation of faculty, textbooks, and curriculum.” Tenn. Dep’t of Edc., Nonpublic Schools, https://www.tn.gov/education/school-options/non-public-schools.html. A category 4 school must be a member of or accredited by one of a list of associations, which include TANAS. Id.

TANAS’s website states that it “is an organization chartered for the purpose of serving Private Christian Education in the state of Tennessee. TANAS operates as a service organization & State recognized Accrediting Agency to church-related school ministries.” TANAS, http://www.tanasonline.org/ (last visited April 24, 2020). TANAS’s website also states that “[t]he Tennessee State Department of Education and the Tennessee Board of Education have recognized TANAS as an approved accrediting agency since March 1989.” TANAS, About, http://www.tanasonline.org/about.html (last visited April 24, 2020). TANAS’s website includes a link to a membership directory, but the webpage only states “Coming Soon.” TANAS Directory, http://www.tanasonline.org/directory.html (last visited April 24, 2020).

SALA is a CRS under Tennessee law, Claimant’s instruction at home through SALA is in accordance with Tennessee home school law, and Claimant is in full-time attendance for determining Claimant’s eligibility for CIB as a full-time elementary or secondary school student.

Trinity Christian Academy and AliYah Academy are both recognized church-related schools under Tennessee law. However, while Trinity qualifies as a church-related school, AliYah does not meet the Tennessee statutory requirements for a church-related school home schooling program and therefore does not qualify as an educational institution.

QUESTION

You asked whether Trinity Christian Academy (Trinity) and AliYah Academy (AliYah) are educational institutions for determining if claimant, a Tennessee resident, is eligible for child’s insurance benefits (CIB) as a full-time secondary school student obtaining home-schooling instruction through programs overseen by each school. You also asked whether the claimant was in full-time attendance (FTA).

OPINION

Trinity and AliYah are both recognized church-related schools under Tennessee law. However, while Trinity qualifies as a church-related school under Tennessee law, AliYah does not meet the Tennessee statutory requirements for a church-related school home schooling program and therefore does not qualify as an educational institution for Social Security purposes. The claimant was in FTA at both Trinity and AliYah.

BACKGROUND

According to the information provided, D~ (Claimant), resides in Tennessee, and was receiving CIB as a child under age eighteen on the earnings record of J~, the number holder. Claimant turned eighteen years old in May 2016. She has applied for a continuation of CIB as a full-time student.

Claimant completed two Student’s Statement Regarding School Attendance forms (Form SSA-1372). Claimant did not date the forms, but she apparently completed the forms after her expected graduation date, as she indicated that she was not currently in full-time attendance. Claimant reported that she had previously attended Trinity from August 2015 to May 2016. She indicated Trinity was a home school, which she attended twenty hours per week. She reported she attended AliYah from August 2016 until her expected graduation in May 2017. She indicated AliYah is a home school, which she attended twenty hours per week.

P~, a guidance counselor at Trinity, completed the Certification by School Official page of Form SSA-1372 and confirmed that the information Claimant provided was correct according to Trinity’s records. P~ indicated that Trinity’s course of study was at least thirteen weeks in duration and the school operated on a yearly basis. She also noted that Claimant was no longer enrolled through in Trinity.

According to its website, Trinity is located in Knoxville, Tennessee. See Trinity Christian Academy, http://tcaknoxville.org/ (last visited Aug. 23, 2017). Trinity has two programs, a homeschool co-op and an umbrella school. See id. Trinity describes the homeschool co-op as a parent-led program to “assist home schooling parents to teach, train, and equip their children” and that offers a variety of classes taught by pastors, parents, and others. Trinity Christian Academy, Homeschool Co-op, http://tcaknoxville.org/training-center/ (last visited Aug. 23, 2017). The homeschool co-op meets in North Knoxville on Mondays between the hours of 9 A.M. and 3 P.M. See id. The homeschool co-op appears to not require an immunization form. See Trinity Christian Academy, 2017-2018 Co-op Registration Information, http://tcaknoxville.org/training-center-registration/ (last visited Aug. 23, 2017).

Trinity also operates as an umbrella school, a category IV church related school as defined in Tennessee Code § 49-50-801. See Trinity Christian Academy, Umbrella School, http://tcaknoxville.org/umbrella-school/ (last visited Aug. 23, 2017). Trinity’s umbrella school webpage indicates that it holds a state membership in the Tennessee Association of Non-Public Academic Schools (TANAS). See id. The umbrella school is a ministry that offers support to those who have chosen home education; Trinity keeps track of the student’s records and reports to the county so that the parents do not have to do the reporting. See id. Trinity also provides standardized testing services for grades 2-12. See Trinity Christian Academy, Testing, http://tcaknoxville.org/testing/ (last visited Aug. 23, 2017). Although Trinity offers a diploma, parents are responsible for developing the course of study for their children. See Trinity Christian Academy, Umbrella Registration, http://tcaknoxville.org/umbrella-registration/ (last visited Aug. 23, 2017). Students must provide a current official immunization form to enroll in the Trinity umbrella-school program. See id.

The director of AliYah, K~, completed the Certification by School Official page of Form SSA-1372 and confirmed that the information Claimant provided was correct according to AliYah’s records. K~ also indicated AliYah’s course of study was at least thirteen weeks in duration and operated on a yearly basis.

AliYah’s website indicates that it is located in T~, Tennessee. See AliYah Academy, Contact Us, https://www.AliYahacademy.com/contact-us (last visited Aug. 23, 2017). AliYah’s homepage indicates that AliYah’s purpose is to support homeschooling and act as a liaison between parents and the State. See AliYah Academy, https://www.AliYahacademy.com/ (last visited Aug. 23, 2017). The website states that AliYah is recognized by the Tennessee Department of Education as a category IV church-related school and is a member of the Tennessee Alliance of Church Related Schools. See AliYah Academy, About AliYah Academy, https://www.AliYahacademy.com/about-us (last visited Aug. 23, 2017). The website also states that Trinity was “founded as an umbrella for homeschoolers.” Id. The website further explains that the parent/guardian is the teacher and “a satellite school of AliYah.” Id. The parent/guardian picks the courses, records the grades, and reports them to AliYah, which maintains those records indefinitely and provides official transcripts and diplomas to students at Aliyah. See id. AliYah, however, does not require any testing and does not require immunizations. See id.

In addition, the Tennessee Department of Education classifies both schools as category IV schools. See AliYah, https://k-12.education.tn.gov/sde/DetailSchool.asp?bu_id=7811; Trinity, https://k-12.education.tn.gov/sde/DetailSchool.asp?bu_id=6620.

DISCUSSION

To be eligible for CIB on the earnings record of an individual who is entitled to old-age or disability insurance benefits, or of an individual who dies a fully or currently insured individual, an individual who is eighteen years of age 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 (2017); Program Operations Manual System (POMS) RS 00205.001A. 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) as determined under the law of the state in which the school is located. See Act § 202(d)(7)(A), (d)(7)(C); 20 C.F.R. § 404.367(a), (e); POMS RS 00205.001A; POMS RS 00205.200A. 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 where he or she resides. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275A.

Educational Institution under Tennessee Law

Because Trinity and AliYah are both located in Tennessee, we look to Tennessee law to determine whether either or both are schools that provide elementary or secondary education. See Act § 202(d)(7)(C)(i); 20 C.F.R. § 404.367(a); POMS RS 00205.200.A. Under Tennessee law, every child between the age of six and seventeen must attend public or non-public school. See Tenn. Code Ann. § 49-6-3001(c)(1) (West 2017). Tennessee law recognizes a “non-public” school includes a church-related school (CRS), home school, or private school. See Tenn. Code Ann. § 49-6-3001(c)(3)(A) (West 2017). A CRS is a school operated by a denominational, parochial, or other bona fide church organization that meets the standards of accreditation or membership in various associations, including TANAS and the Tennessee Alliance of Church Related Schools. See Tenn. Code Ann. §§ 49-6-3001(c)(3)(A)(i), 49-50-801(a). Tennessee law states that a CRS must be conducted for the same term length as a public school. See Tenn. Code. Ann § 49-50-801(d). Tennessee recognizes two hybrids of home schools and CRSs. In the first type, a parent teaching through a home school may associate with, and students may enroll with, a CRS, whereby the CRS’s director supervises the home school and the CRS administers or offers standardized achievement tests. See Tenn. Code Ann. § 49-6-3050(a)(2)(A). In the second type, a parent-teacher may enroll the parent’s home school student or students in a CRS and participate as a teacher in that CRS. See Tenn. Code Ann. § 49-6-3050(a)(3).

Trinity is a member of TANAS and AliYah is a member of the Tennessee Alliance of Church Related Schools. See Trinity Christian Academy, http://tcaknoxville.org/umbrella-school/; AliYah Academy, About AliYah Academy, https://www.AliYahacademy.com/about-us. In addition, the Tennessee Department of Education classifies both schools as category IV schools. See AliYah, https://k-12.education.tn.gov/sde/DetailSchool.asp?bu_id=7811; Trinity, https://k-12.education.tn.gov/sde/DetailSchool.asp?bu_id=6620. Category IV schools are schools that are “church related” as recognized by associations mentioned in Tennessee Code § 49-50-801. See Tenn. Dep’t of Ed., http://tn.gov/education/article/non-public-school-categories (last visited Aug. 24, 2017). Based on each school’s membership in an organization identified in the statute and their categorization as category IV schools by the State of Tennessee, both Trinity and AliYah are CRSs under Tennessee law.

To qualify for CIB based on instruction at home, Claimant’s instruction had to be in accordance with Tennessee’s home school law. See 20 C.F.R. § 404.367(a)(1); POMS RS 205.275B. As noted above, Tennessee recognizes two hybrids of home schools and CRSs: home schools affiliated with CRSs, and CRSs operating at home. See Tenn. Code Ann. § 49-6-3050(a)(1)-(3); POMS PR 07905.047A, PR 17-040 (Feb. 7, 2017). Because both Trinity and AliYah’s umbrella programs are recognized CRSs and Claimant’s instruction occurred at home, both schools’ umbrella program appear to be a CRS operating at home. Tennessee allows for broad discretion in a CRS operating at home. CRSs operating at home are exempt from having to file notices of intent with local school directors, maintaining attendance records, requiring minimum parent/teacher education levels, or meeting standardized testing requirements. See Tenn. Code Ann. § 49-96-3050(a)(3), (b). CRSs under Tennessee law are also exempt from the State’s curriculum regulation. See Tenn. Code Ann. § 49-50-801(b); Tenn. Comp. R. & Regs. 0520-07-02-.01(1)(d) (West 2017). Tennessee only requires such schools to ensure their students are vaccinated and report the names, ages, and addresses of their students to the superintendent of the public school system in which the student resides. See Tenn. Comp. R & Regs. 0520-07-02-.05(2)(d)-(e) (West 2017).

Trinity complies with the requirements to ensure vaccination of the students and report the names, ages, and addresses of the students to the superintendent of the public school system. AliYah, however, does not require students to be vaccinated; therefore, AliYah does not comply with Tennessee law on CRSs operating at home. See AliYah Academy, About AliYah Academy, https://www.AliYahacademy.com/about-us. Therefore, while attendance at Trinity would qualify a CRS operating at home in accordance with Tennessee home school law for agency purposes, attendance at AliYah would not qualify as such due to its lack of a vaccination compliance.

Full-Time Attendance

You also asked whether Claimant is in FTA. A home schooled individual must meet the Federal standards for FTA and meet the home school requirements of the state in which the home school is located. See 20 C.F.R. § 404.367(b)-(c); POMS RS 00205.275B. Claimant reported on the Form SSA-1372 forms she completed that she attended classes through Trinity for twenty hours a week. K~, the director of Trinity, confirmed the information provided by Claimant and reported that Trinity’s course of study was at least thirteen weeks in duration. Nothing indicates that Claimant took correspondence courses. Thus, the information provided indicates Claimant’s instruction while affiliated with Trinity met the Federal FTA standards. See 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300C. The evidence also indicates Claimant’s instruction through Trinity met Tennessee attendance requirements because K~ certified that Claimant’s attendance at Trinity was full-time under Trinity’s standards. See 20 C.F.R. § 404.367(b); POMS RS 00205.300.B; POMS RS 00205.350.C.1.

Even if we presume that Claimant attended AliYah in FTA, the finding is irrelevant because of our analysis above finding AliYah to not meet all of Tennessee’s requirements for a CRS operating home, namely the requirement to ensure vaccination. See 20 C.F.R. § 404.367(b); POMS RS 00205.275.B.

CONCLUSION

Trinity is an educational institution under Tennessee law because it is a CRS in which Claimant’s parent(s) taught her at home under the auspices of the CRS. AliYah, however, is not an educational institution under Tennessee law because it does not meet Tennessee’s requirements for a CRS operating home, namely the requirement to ensure vaccination of the students. Claimant’s instruction through Trinity met both federal and state standards for FTA, and whether Claimant’s attendance at AliYah was FTA is not necessary to determine because the school does not qualify as an educational institution. Thus, the information provided establishes Claimant was a full-time secondary school student for determining her eligibility for CIB for the period from August 2015 through May 2016, but not thereafter.

Tennessee recognizes home schooling, church-related private schools, and home schools affiliated with church-related schools. Each of these options has specific requirements.

Home Schooling

A home school parent/teacher must meet the attendance, testing, and credential requirements in Tenn. Stat. § 49-6-3050(b).

He/she must:

Give notice to the local school director by August 1 (or by September 1 with payment of a penalty) of his/her intent to conduct a home school and include the name, number, age, and grade level of the child, the location of the school, the curriculum, proposed hours of instruction, and the qualifications of the parent/teacher;

Maintain attendance records and submit them to the director of schools at the end of each school year;

Instruct at least four hours per day for the same number of instructional days required by state law for public schools;

Have a high school diploma or GED to conduct classes in kindergarten through grade 8 or have a baccalaureate degree or exemption if conducting classes in grades 9 through 12;

Comply with administration of approved standardized tests to students in grades five, seven, and nine;

Consult with the director of schools if the student falls three to six months behind the home school student's appropriate grade level, based on the results of the standardized tests;

Consult with a teacher licensed by the state board of education if the student falls six to nine months behind the appropriate grade level and, with the teacher, design a remedial course for the child;

Enroll the student in a public, private, or church-related school, if required by the local director of schools, if the student falls more than a year behind the appropriate grade level;

Notify the local director of schools in writing whether he/she is conducting a college preparatory or general course of study to a student in grades nine through twelve. If the course is general, it must include courses required by the state for graduation from public high schools. If the course is college preparatory, it must include areas of study required for admission into public four-year colleges operated by the state; and

Submit proof of vaccination and other required health services or examinations to the local director of schools.

Church-Related Private School

A church-related private school must:

Be accredited by or a member of one of the organizations listed in Tenn. Stat. § 49-6-3050(b): the Tennessee Association of Christian Schools; the Association of Christian Schools International; the Tennessee Association of Independent Schools; the Southern Association of Colleges and Schools; the Tennessee Association of Non-Public Academic Schools; the Tennessee Association of Church Related Schools; or a school associated with Accelerated Christian Education, Inc.;

Supervise the home school; and

Administer standardized achievement tests at the same time the tests are given in regular day school.

Home Schools Affiliated with Church-Related Schools

In addition to the requirements for a church-related private school, a home school affiliated with a church-related private school must also meet the following requirements:

The parent or teacher of grade 9-12 must have at least a high school diploma or generalized educational development (GED) certificate;

The student must be administered an annual standardized achievement test or the Sanders Model of value-added assessment, whichever the local education association (LEA) uses and the state board of education approves;

The student must be registered with the LEA the student would attend if not in the home school; and

A student who fails for two consecutive years to meet or surpass the average achievement level in the Sanders Model or other standardized achievement test in use in the LEA must be enrolled in the appropriate grade level of the LEA or church-related school.The parent or teacher must submit evidence of compliance with one of these options. The student must also meet federal standards for full-time attendance and all other requirements for the payment of benefits.

QUESTION

In considering this claim for Child's benefits, you asked whether the church-related home school Jeremy W~ (Claimant) attends meets the requirements of Tennessee law.

ANSWER

The materials submitted by Claimant are not adequate to establish that his school meets Tennessee requirements. Unless and until he furnishes the required documentation, we cannot conclude that Claimant qualifies as a full-time elementary or secondary school student.

BACKGROUND

According to the materials and information we received, Claimant receives benefits as a non-disabled child of Rickey W~, deceased. Claimant will turn 18 on June 13, 2007, and desires to continue benefits as a full-time student. He submitted Form SSA-1372-BK, "Student's Statement Regarding School Attendance," in which he states that he attends Faith Missionary Academy as a Satellite High School Home Schooler, attending over 20 hours per week. The director of Faith Missionary Academy, Pastor S. D. S~, stated upon phone inquiry that the school has a campus, and some students are home-schooled with a curriculum provided by the school. Pastor S~ indicated the Academy does follow-ups with the home schoolers once per month and the course of study exceeds 13 weeks.

DISCUSSION

To qualify for child's benefits on the earnings record of an insured person who has died, a claimant 18 years or older who is not disabled must be a full-time elementary or secondary school student. See Social Security Act (Act) § 202(d)(1)(F); 42 U.S.C. § 402(d)(1)(F); 20 C.F.R. §§ 404.350(a)(5), 404.367 (2007). An individual is a full time elementary or secondary school student if he is "instructed in elementary or secondary school at home in accordance with a home school law of the State or other jurisdiction in which [the Claimant] reside[s]." 20 C.F.R. § 404.367(a)(1) (2007.) Claimant resides in Tennessee; therefore, we look to Tennessee law to determine if his schooling under the auspices of Faith Missionary Academy qualifies.

Tennessee allows home schooling, church-related private schools, and also a hybrid relevant to this case, home schools affiliated with church-related schools. See TENN. STAT. § 49-6-3050(a)(2)(B) (2007). Generally, a home school has extensive attendance, testing, and credential requirements. See TENN. STAT. § 49-6-3050(b) (2007). However, a home school affiliated with a church-related school has a shorter and less stringent list of requirements, provided that the church-related school:

(1) is accredited by or a member of one of the organizations listed in the statute defining church-related schools at TENN. STAT. § 49-50-801;

(2) supervises the home school;

(3) administers standardized achievement tests at the same time such tests are given in the regular day school.

See TENN. STAT. § 49-6-3050(a)(2)(A) (2007). In addition to these requirements for the supervising school, the satellite home school must meet the following requirements:

(1) the grade 9-12 parent/teacher must possess at least a high school diploma or generalized educational development certificate (GED);

(2) the student shall be administered an annual standardized achievement test or the Sanders Model of value-added assessment, whichever is use in the LEA (local education agency; i.e., local school board) and sanctioned by the state board of education;

(3) the student must be registered with the LEA the student would otherwise attend;

(4) if the student fails, for two consecutive years, to meet or surpass the average level of achievement in the Sanders Model of value-added assessment or other standardized achievement test in use in the LEA, the child must be enrolled in the appropriate grade level of the LEA or church-related school.

See TENN. STAT. § 49-6-3050(a)(2)(B, C) (2007).

Claimant's parent/teacher has the burden to show that these requirements are met before SSA can approve the home school as an educational institution: "The child's home school instructor must submit evidence that State requirements for home schooling are met." POMS RS 00205.275C. Claimant's instructor has not documented these seven requirements. In regard to the first, Pastor S~ stated via telephone that Faith Missionary Academy is a member of TANAS, the Tennessee Association of Non-Public Academic Schools, and TANAS is one of the accrediting agencies listed in the statute for church-related home schools. See TENN. STAT. § 49-50-801(a) (2007). However, TANAS has an extensive list of requirements for membership or accreditation. See <http://www.tanasonline.org>, Downloadable Documents, Category IV Manual p. 18. We do not know whether Faith Missionary Academy is a current member in good standing, and the safe course would be to have the parent/instructor submit a copy of Faith Missionary Academy's current certification from TANAS.

For these reasons, we recommend that you deny the claim unless and until Claimant or the parent/teacher documents compliance with the seven state requirements listed above.

Mary A. S~

Regional Chief Counsel

By: Rollin M~

Assistant Regional Counsel