Because Claimant resides in Georgia, we look to Georgia law to determine whether Claimant’s studies meet Georgia’s requirements for home schooling as an educational institution.

The information provided does not establish Claimant’s studies through Abeka Academy (AA) satisfy the requirements of home study under Georgia law. Further, AA is not an educational institution under Florida law. Consequently, Claimant has not established full-time attendance based on his studies through AA.

Whether S~ (Claimant) is eligible for child’s insurance benefits (CIB) as a full-time home school student through AA.

The information provided does not establish Claimant’s studies through AA satisfy the requirements of home study under Georgia law. Further, AA is not an educational institution under Florida law. Consequently, Claimant has not established full-time attendance based on his studies through AA.

On April 23, 2020, R~ completed and signed a Home Study Program Declaration of Intent as Claimant’s “parent/guardian.”

On May 7, 2020, T~, Solutions Supervisor with AA, provided a letter reporting Claimant’s enrollment as a full-time tenth-grade student with AA’s accredited distance-learning program. She further stated Claimant would take a full load of six credits consisting of the following classes: English 10; Spanish 1; World History; Bible Doctrines; Algebra 2; and Biology. She indicated Claimant will complete the school year by May 11, 2021.

On May 11, 2020, Claimant completed a Student’s Statement Regarding School Attendance (Form SSA-1372). Claimant lives in Monroe, Georgia, is not married and is disabled. Claimant attends AA full-time. He stated AA is a home school program located in Florida. Claimant reported the school year at AA began on April 27, 2020, and ends on October 27, 2020. Claimant also reported he attends AA thirty-five hours per week and expects to graduate from high school in May 2023. He stated no employer pays him to attend school.

Mr. D~ completed and signed the Certification by School Official page of Form SSA-1372 and indicated the information Claimant provided was correct. He also stated Claimant’s course of study lasts at least thirteen weeks.

AA’s website states AA is available as a full-grade enrollment for ages K4 through twelfth grade and includes the following core subjects: Language Arts; Arithmetic/Mathematics; History and Geography; Science and Health; and Bible. AA, Video Homeschool FAQS, https://www.abeka.com/Homeschool/Products/AbekaAcademy/ (last visited July 24, 2020). AA is located in Pensacola, Florida. See AA, Terms of Use, https://www.abeka.com/TermsOfUse.aspx (last visited July 24, 2020).

AA’s website indicates it provides instruction through video lessons. AA, Overview, https://www.abeka.com/Homeschool/Products/AbekaAcademy/ (last visited July 27, 2020). AA advises parents of children using its distance learning programs to supervise work, check their child’s progress with quizzes and tests, and comply with state home schooling requirements. See AA, Program Comparison: Accredited or Independent Study, https://www.abeka.com/AbekaAcademy/Comparison.aspx (last visited July 27, 2020).

The information provided does not establish Claimant’s studies through AA satisfy the requirements of home study under Georgia law. Further, AA is not an educational institution under Florida law. Consequently, Claimant has not established full-time attendance based on his studies through AA.

[1] All references to the Code of Federal Regulations are to the 2020 edition.

[2] All references to the Georgia Code are to the West 2020 version.

[3]All references to the Florida Code are to the West 2020 version.

 

Because the claimant resides in Georgia, we look to Georgia law to determine whether Georgia recognizes home schooling as an educational institution, and if it does, whether claimant’s instruction through Whitmore Online High School (Whitmore) meets Georgia’s requirements for home schooling.

Georgia law recognizes home study programs as educational entities, but the claimant’s instruction through Whitmore did not meet the requirements of a home study program under Georgia law.

Whether J~ (Claimant) is eligible for child’s insurance benefits (CIB) on the earnings record of W~, the number holder, as a full-time student based on her enrollment at Whitmore Online High School (Whitmore), an online entity physically located in West Virginia.[1]

Claimant cannot qualify as a full-time student based on her enrollment at Whitmore because Whitmore is not an educational institution under West Virginia law. Additionally, Claimant’s studies through Whitmore do not meet the requirements of a home study program under Georgia law. Consequently, Claimant is not in full-time attendance based on her studies through Whitmore.

Claimant completed a Student’s Statement Regarding School Attendance form (Form SSA-1372-BK), which indicates she lives in Cartersville, Georgia. Claimant reported that Whitmore is physically located in Morgantown, West Virginia and described Whitmore as an online high school. Claimant stated she began attending Whitmore on July xx, 2017, and that her most recent school year ended July xx, 2019. Claimant indicated that she was in a home school program. She indicated that she was in full-time attendance, attended Whitmore for twenty hours per week, and expected to graduate in July 2019. She indicated that she is not disabled and not married. She further indicated that she did not receive payment to attend school.

The Educational Director for Whitmore completed and signed the Certification by School Official page of Claimant’s Form SSA-1372-BK, confirming Claimant’s attendance information. The Educational Director indicated that Whitmore’s course of study was at least thirteen weeks in duration and that Whitmore operated on a yearly basis.

Whitmore’s website states Whitmore is an accredited online high school and lists a Morgantown, West Virginia office address. Whitmore, School, https://www.whitmoreschool.org/ (last visited April 6, 2020). According to the Whitmore website, to graduate with a high school diploma, students must complete 18 credits in English, Social Studies, Science, Math, Physical Education, Fitness, Fine Arts and Electives. Whitmore School, Graduation Requirements, https://www.whitmoreschool.org/academics/graduation-requirements/ (last visited April 6, 2020). Whitmore does not require students to attend classes a set number of hours per week to be considered in full-time attendance. Whitmore, School, Educational Approach, https://www.whitmoreschool.org/academics/educational-approach/ (last visited April 6, 2020). Rather, Whitmore’s “mastery based learning” approach allows students to “learn at their own natural rate,” begin a new course at any time during the calendar year, and “progress at the pace that they find most comfortable.” Id. The only limit on Whitmore’s “self-paced learning” program is that a student may not finish a course in less than 30 days from the time he or she submits the first lesson in that course, and if coursework is unfinished after one year, the student may re-enroll and continue where they left off previously. Id.

Whitmore is not an educational institution under West Virginia law and, consequently, Claimant did not meet the standards for full-time attendance. Additionally, Claimant’s instruction through Whitmore did not meet the requirements of a home study program under Georgia law.

[1] Although the request for a legal opinion did not specifically ask whether Claimant’s studies through Whitmore met the requirements of a home study program under Georgia law, in reviewing the materials presented we noted that Claimant described her course of studies as a home school program. Therefore, we addressed whether Claimant’s attendance of Whitmore satisfies Georgia’s home school statute.

[2] All references to the Code of Federal Regulations are to the 2020 edition.

[3] Region III OGC reviewed our discussion of West Virginia law and concurred with our conclusion.

[4] All references to the West Virginia code are to the 2020 edition.

[5] This equates to at least 5.75 hours of instruction a day for a five-day week, or 28.75 hours of instruction per week.

[6] The West Virginia statute also provides an exemption for religious-based schools that register with the county board and comply with the provisions of W.Va. Code § 18-28. W. Va. Code § 18-8-1(k). However, there is no indication that Whitmore is a religious-based school, is registered with the county board, or operates in compliance with W.Va. Code § 18-28.

[7] All references to the Georgia Code are to the 2020 edition.

[8] However, Claimant’s report that she attended Whitmore 20 hours per week would be sufficient to meet this requirement of the statute. Ga. Code Ann. § 20-2-690(c)(5).

Claimant’s home schooling qualifies as a home study program under Georgia law and his instruction meets the Federal full-time attendance requirements for determining his eligibility for CIB as a full-time elementary or secondary school student.

QUESTION

You asked whether the instruction S~ (Claimant) receives through Glea Homeschool Academy (GHSA) qualifies as home schooling under Georgia law for determining Claimant’s eligibility for child’s insurance benefits (CIB). You also asked if Claimant is attending full-time based on his instruction through GHSA.

OPINION

Claimant has established that he is instructed in secondary education through home schooling in accordance with Georgia law and that he is attending full-time.

BACKGROUND

According to the information provided, Claimant received CIB on the earnings record of decedent J~, the number holder. Claimant turned eighteen years of age in July 2017. On May XX, 2017, Claimant completed a Student’s Statement Regarding School Attendance (Form SSA-1372), wherein he indicated he lives in C~, Georgia, and attends GHSA, also located in C~, Georgia, full time. Claimant indicated GHSA is a home school program. Claimant reported the school year at GHSA began on August xx, 2017, and ends on May xx, 2018. Claimant also reported he is scheduled to attend GHSA thirty hours per week and expects to graduate from high school in May 2018. Claimant indicated he is not married or disabled and no employer pays him to attend school. V~, Claimant’s mother and administrator/principal at GHSA, completed and signed the Certification by School Official page of Form SSA-1372 and indicated the information Claimant provided was correct. Claimant’s mother also indicated GHSA’s course of study lasts at least thirteen weeks.

Claimant’s mother apparently provided additional information to the agency. Claimant’s mother reported that she graduated from high school. She reported that that Claimant’s course of study included reading, language arts, math, social studies/history, and science, and instruction is for 180 days consisting of five to six hours per day. Claimant’s mother also reported Claimant underwent nationally standardized testing using the California Achievement Test, Fifth Edition, at the end of Claimant’s 10^th grade year on April xx, 2016.

On May xx, 2017, Claimant’s mother completed and signed a Home Study Program Declaration of Intent (Home Study DOI).

DISCUSSION

To be eligible for CIB on the earnings record of an individual who died fully or currently insured, 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);^[1] Program Operations Manual System (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) 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 00205.001.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 he or she resides. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275.A.

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 meets the Federal standards for full-time attendance if he or she is scheduled to attend school at the rate of at least twenty hours per week, enrolled in a noncorrespondence course, and enrolled in a course of study lasting at least thirteen weeks. 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 00205.275B. Additionally, the law of the state in which the home school is located must recognize home school as an educational institution. See POMS RS 00205.275B. To establish that the claimant attends a qualifying home school, the individual’s home school instructor must submit evidence that the state requirements for home schooling are met. See POMS RS 00205.275.C. In addition, the home schooling instructor is the certifying school official for full-time attendance purposes on Form SSA-1372. See id.; see also POMS RS 00205.350.B (stating the agency uses Form SSA-1372 to verify attendance).

Because Claimant resides in Georgia, we look to Georgia law to determine whether Georgia recognizes home schooling as an educational institution, and if it does, whether Claimant’s home schooling meets Georgia’s requirements for home schooling. See Act § 202(d)(7)(C)(i); 20 C.F.R. § 404.367(a); POMS RS 00205.200.A. Georgia law recognizes public schools, private schools, and home study programs as educational entities. See Ga. Code. Ann. § 20-2-690.1(a) (West 2017). Under Georgia law, 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 DOI to use a home study program to the Georgia Department of Education (DOE) within 30 days after the establishment of a home study program and by September 1 annually thereafter; (2) the DOI must include certain enrollment and address information; (3) the parent or guardian providing instruction must possess at least a high school diploma or general educational development diploma (GED), although the parent or guardian may employ a tutor who holds a high school diploma or GED 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 each 12 months equivalent to 180 school days per year with each school day consisting of at least 4 and 1/2 school hours, unless the child is physically unable to comply; (6) 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 3 years beginning in third grade (the parent or guardian has authority to execute any document to evidence the enrollment in a home study program, full-time or part-time status, or grades); and (7) the home study program instructor must write an annual progress report. Ga. Code Ann. § 20-2-690(c).

The information provided indicates that Claimant’s instruction satisfies the requirements of a home study program under Georgia law. Claimant’s mother submitted a Home Study DOI to the Georgia DOE that appears to include the necessary information. See Ga. Code Ann. § 20-2-690(c)(1), (c)(2). Claimant’s mother graduated from high school and is therefore qualified to instruct Claimant. See Ga. Code Ann. § 20-2-690(c)(3). According to Claimant’s mother, Claimant receives instruction in a basic academic education, including reading, language arts, mathematics, social studies, and science. See Ga. Code Ann. § 20-2-690(c)(4). Claimant reported, and his mother confirmed, that Claimant’s home school year began on August 15, 2017, and ends on May 18, 2018 and Claimant’s mother reported that instruction is for at least 180 days. See Ga. Code Ann. § 20-2-690(c)(5). Additionally, Claimant’s mother indicated Claimant attends class five to six hours a day and Claimant indicated he is scheduled to attend thirty hours per week. Thus, Claimant attends at least four and one-half hours of school per school day. See id. Claimant’s mother provided evidence of the testing Claimant took. See Ga. Code Ann. § 20-2-690(c)(6). Claimant’s April 2016 taking of the California Achievement Test satisfies the requirement of triennial standardized testing.^[2] See Ga. Code Ann. § 20-2-690(c)(7). Finally, the information provided indicates Claimant’s mother writes an annual assessment of Claimant’s academic progress. See Ga. Code Ann. § 20-2-690(c)(8).

Claimant’s home schooling qualifies as a home study program under Georgia law, and Claimant satisfies the requirements for full-time attendance because he attends a course of study lasting at least thirteen weeks at the rate of at least twenty hours per week. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(a), (c); POMS RS 00205.295.B; POMS RS 00205.300.A.

CONCLUSION

Claimant has demonstrated that he is participating in a home study program in compliance with Georgia law and his instruction meets the Federal full-time attendance requirements for determining Claimant’s eligibility for CIB as a full-time elementary or secondary school student.

This opinion lays out the requirements for homeschooling in Georgia and explains why the subject individual did not meet those requirements.

QUESTION

You asked whether the claimant, a resident of Georgia, who took online courses at Penn Foster High School (PFHS), qualified as a home school student under the laws of Georgia and whether the claimant was in full-time attendance.

OPINION

The claimant was not a home school student in accordance with Georgia law and he has not demonstrated that he met the Federal standards for full-time attendance.

BACKGROUND

According to the information provided, S~ (Claimant) received CIB on the earnings record of the deceased number holder, R~. Claimant turned 18 in November 2015. In February 2017, Claimant completed a Student Statement Regarding School Attendance form (Form SSA-1372), wherein he indicated he lives in D~, Georgia, and is home schooled at his residence. Claimant also asserted he was in full-time attendance and attends school 25 hours per week. Claimant reported that the school year began September 1, 2016, and he expected to graduate on May XX, 2017. Claimant further indicated he was not married or disabled and was not being paid by an employer to attend school.

Claimant’s mother, S2~, completed the Certification by School Official page of Form SSA-1372 on which she indicated that the information Claimant provided was correct and that the school’s course of study lasted at least 13 weeks. She stated that Claimant was taking courses online through PFHS, an online entity with an address in S~, Pennsylvania. See PFHS, General Information https://www.pennfoster.edu/high-school/about-us/consumer-info (last visited June 1, 2017). She stated that Claimant was taking courses 5 hours a day, Monday through Friday, and that she oversaw him doing his class work.^[3] She noted he took courses in English, Math, Science, History, and Reading in addition to elective courses.

Claimant’s mother also provided two State of Georgia Home Study Program Declaration of Intent (DOI) Forms. She submitted the first DOI to the Georgia Department of Education (DOE) on January XX, 2016, for the school year beginning on August 1, 2015, and ending on November 1, 2016. She submitted the second DOI to the Georgia DOE on January XX, 2017, for the school year beginning on September 1, 2016, and ending on May 8, 2017. Claimant’s mother did not provide requested documentation confirming her educational level or documentation showing that Claimant had taken state-mandated tests.

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, a claimant who is 18 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 (2017);^[4] Program Operations Manual System (POMS) RS 00205.001.A. A claimant 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); POMS RS 00205.001.A; POMS RS 00205.200.A. A claimant 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.^[5] See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275.A.

A claimant 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. A claimant meets the state standards for full-time attendance if a qualifying educational institution considers the claimant to be full time 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. A claimant meets the Federal standards if he or she is scheduled to attend school at the rate of 20 hours per week, enrolled in a noncorrespondence course, and enrolled in a course of study that is at least 13 weeks in duration. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300.C.

A claimant in a home schooling program must meet the Federal standards for full-time attendance and must carry a subject load that is considered full-time for day students under standards and practices set by the state in which he or she resides. See 20 C.F.R. § 404.367(b), (c); POMS RS 00205.275.B; POMS RS 00205.300.C. The claimant’s home school instructor must submit evidence that the state requirements for home schooling are met. See POMS RS 00205.275.C. The home schooling instructor is the certifying school official for full-time attendance purposes on Form SSA-1372. See id. If a student’s courses are from a correspondence school, the home school teacher must instruct the student using the course material. See id.

Claimant is seeking benefits as a home school student.^[6] As Claimant is a resident of Georgia, we consider whether he received instruction in elementary or secondary education at home under Georgia’s home school law. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275.B. Under Georgia law, a parent or guardian may teach his or her child in a home study program provided the parent or guardian and the home study program complies with numerous requirements, including: (1) the parent, parents, or guardian must submit a DOI to the Georgia DOE within 30 days after the establishment of a home study program and by September 1 annually thereafter; (2) the DOI must include certain enrollment and address information; (3) the parent or guardian providing instruction must possess at least a high school diploma or a general educational development (GED) diploma, or employ a tutor who holds a high school diploma or a GED diploma; (4) the home study program must provide a basic educational program which includes, reading, language arts, mathematics, social studies, and science; (5) the home study program must provide instruction each 12 months equivalent to 180 school days of education with each school day consisting of at least 4 and one-half hours; (6) the parent or guardian must have authority to execute any document required by law, rule, regulation, or policy to evidence the enrollment of a child in a home study program, the student’s full-time or part-time status, the student’s grades, or any other required educational information; (7) the student must be subject to an appropriate nationally standardized testing program at least every three years beginning at the end of the third grade; and (8) the home study program instructor must write an annual progress assessment report. See Ga. Code. Ann. § 20-2-690(c) (West 2017). The parents and/or guardian must retain records of the student’s standardized testing and the annual progress reports, but are not required to submit them to public educational authorities. See Ga. Code. Ann. § 20-2-690(c)(7), (8).

The information provided does not indicate that Claimant’s mother met or complied with the requirements of Georgia’s home schooling law. Although Claimant’s mother appears to have submitted DOIs to the Georgia DOE, she did not submit any evidence showing she has a high school diploma or GED or employed a tutor who has a high school diploma or GED to instruct Claimant.^[7] See Ga. Code. Ann. § 20-2-690(c)(3). She also did not submit any evidence showing Claimant was subject to a nationally standardized testing program or that she wrote annual progress assessments. See Ga. Code. Ann. § 20-2-690(c)(7), (8). Although she is not required to submit standardized testing records or the progress reports to public educational authorities, she is required to retain them. See Ga. Code. Ann. § 20-2-690(c)(7), (8). A claimant’s home school teacher must submit evidence showing the state requirements for home school have been met, which Claimant’s mother has not done. See POMS RS 00205.275.C. Thus, the information currently available does not establish that Claimant was instructed in a home study program that is acceptable under Georgia law.

Claimant also does not appear to meet the Federal standards for full time attendance. Claimant reported, and his mother confirmed, that he attended school 25 hours per week and the course of study was at least 13 weeks in duration. See 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300.C. However, Claimant took courses online through PFHS and there is no indication that Claimant’s mother instructed Claimant on the course material. See POMS RS 00205.275.C (providing that if a student’s courses are from a correspondence school, the home school teacher must instruct the student using the course material). The regulations and POMS do not appear to define “noncorrespondence course” or “correspondence course.” However, the POMS defines “correspondence school” as “a school that teaches by mailing lessons and exercises to the student” that the student then returns to the school for grading. POMS RS 00205.330.A. Although the definition of “correspondence” school refers to submitting materials by mail, submitting materials online is “merely a difference in methodology rather than substance.” POMS PR 08005.048 (PR 04-329) (concluding claimant’s alleged home school was a correspondence course where claimant completed studies at home and transmitted work via the internet, with no participation or instruction by his parent); see also POMS PR 08205.042 (PR 11-074) (concluding PFHS classes are equivalent to correspondence courses).

CONCLUSION

Claimant was not home schooled in accordance with Georgia law and Claimant does not appear to have met the Federal standards for full-time attendance based on the information provided.

Sincerely,

Mary Ann Sloan

Regional Chief Counsel

By: Laura Verduci

Assistant Regional Counsel

Georgia law pertinent to its home school reporting requirements has changed, and this opinion modifies PR 00-501 (10/2/91). Legislation effective July 2013 amended subsection (6) of Ga. Code Ann. § 20-2-690 to permit a parent or guardian to execute any document required by law to evidence a child’s enrollment and attendance in a home study program. Before the amendment, the statute required annual submission of attendance records to the Georgia Department of Education (DOE).

The evidence in this case does not show that the claimant’s mother submitted a Home Study Declaration of Intent (DOI) to the Georgia DOE. Although the claimant’s instruction through Kentucky Downs Day School appears to meet Georgia’s other requirements for a home study program, the claimant is not a home school student under Georgia law because her mother did not submit a Home Study DOI to the Georgia DOE.

QUESTION

For determining a claimant’s eligibility for child’s insurance benefits (CIB) as a full-time student, you asked whether Kentucky Downs Day School (KDDS), an entity located in Georgia, is an educational institution or if the claimant’s instruction through KDDS qualifies as home schooling under Georgia law. You also asked if the claimant is in full-time attendance based on her instruction through KDDS.

OPINION

KDDS is not an educational institution under Georgia law and the claimant is not a home-school student in accordance with Georgia law. The claimant also does not meet Georgia or Federal standards for full-time attendance.

BACKGROUND

According to the information provided, J~(Claimant) received CIB on the earnings record of decedent H~, the number holder. Claimant turned eighteen years of age in September 2014 and her CIB terminated. In February 2015, Claimant completed a Student’s Statement Regarding School Attendance, wherein she indicated she lives in Macon, Georgia, and attends an educational program full time at or through KDDS, also located in Macon. Claimant indicated KDDS is a home school program. Claimant reported the school year at KDDS began on August xx, 2014, and ends on May xx, 2015. Claimant also reported she attends KDDS thirty-five to forty hours per week and expects to graduate from high school in May 2015. Claimant indicated she is not married or disabled and no employer pays her to attend school. L~, Ph.D., administrator and teacher at KDDS, completed and signed the Certification of School Official and indicated the information Claimant provided was correct. L~ also indicated KDDS’s course of study lasts at least thirteen weeks.

In August 2014, Claimant’s mother completed and signed a Declaration of Intent to Utilize a Home Study Program (Home Study DOI). In an undated letter to the Social Security Administration (SSA), Claimant’s mother stated that when she first removed Claimant from public school, the Bibb County School District approved KDDS for use as a home school program. Claimant’s mother noted that Bibb County School District “no longer has a home school office”; so, she is unable to obtain answers from the school district regarding Claimant’s home schooling.

On November xx, 2014, SSA contacted Georgia Department of Education (DOE) Program Manager A~ to determine whether the Georgia DOE had any record of Claimant’s Home Study DOI. A~ responded that neither Claimant nor her mother were on file with the Georgia DOE.

Claimant’s transcript from KDDS shows she completed classes in English, French, mathematics, history, science, and various other subjects at the ninth to eleventh grade levels, and is scheduled to complete classes in the same basic subjects at the twelfth grade level in the 2014-2015 school year. A copy of the KDDS College Preparatory Graduation Requirements (curriculum) indicates that the curriculum was adapted from Mount de Sales Academy for use with Mount de Sales Southern Association of Colleges & Secondary Schools (SACS) and Southern Association of Independent Schools (SAIS) Accredited Curriculum.^[8] The curriculum consists of a total of twenty-four credit hours, with units for English, mathematics, science, social studies, a foreign language, and various other subjects. The curriculum gives summaries of the material covered in the individual classes in each subject area. Claimant also submitted a document showing that L~ received a graduate degree in science education.

Claimant’s mother’s undated letter to SSA indicates Claimant meets with L~ at her house five hours per day, Monday through Thursday, and does assignments online on Fridays. A Home Study Program Monthly Attendance Report dated September 2014 indicates Claimant attended home school eight days in August 2014.

A score-sheet from ACT Student Web Services shows Claimant took the ACT test in June 2014.

DISCUSSION

To be eligible for CIB on the earnings record of an individual who dies fully or currently insured, 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 (2014); ^[9] Program Operations Manual System (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) 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 00205.001.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. Additionally, an individual may be considered an elementary or secondary school student if he or she is in an independent study program administered by the local school or school district in accordance with the law of the State or jurisdiction in which he or she resides. See 20 C.F.R. § 404.367(a)(2); POMS RS 00205.285.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 attends full time 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. Similarly, an individual attending an on-line school may be considered a full time student if the on-line school is consistent with the law of the State in which the on-line school is located (i.e., an educational institution), and meets both State and Federal standards for full-time attendance. See POMS RS 00205.295.B; POMS RS 00205.300.A. An individual meets the State standards of full-time attendance 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 or she is scheduled to attend school at the rate of at least twenty hours per week, enrolled in a noncorrespondence course, and enrolled in a course of study lasting at least thirteen weeks. 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 meet the home-school requirements of the State in which the home school is located. See 20 C.F.R. § 404.367(b); POMS RS 00205.275.B. Attendance for a student in an independent study program must also meet the Federal full-time attendance requirements, which one accomplishes by combining the number of hours at a school facility with the agreed upon number of hours in independent study. See 20 C.F.R. § 404.367(c); POMS RS 00205.285.B.

Educational Institution under Georgia Law

Because KDDS is located in Macon, Georgia, we look to Georgia law to determine whether KDDS is a school that provides elementary or secondary education. See Act § 202(d)(7)(C)(i); 20 C.F.R. § 404.367(a); POMS RS 00205.200.A. Georgia law mandates attendance in a public school, private school, or home study program for children between their sixth and sixteenth birthdays. See Ga. Code. Ann. § 20-2-690.1 (West 2015).^[10] The Bibb County School District’s website does not list KDDS as a public school. See http://www.bcsdk12.net/cms/lib01/GA01000598/Centricity/Domain/1/20142015%20School%20District%20Directory%20w%20Alternatives.pdf (last visited Mar. xx, 2015). Thus, we must determine whether KDDS is a private school. ^[11]

The evidence does not show that KDDS is a private school. Under Georgia law, a “private school” is an institution that meets the following requirements:

1. (1) 

   its primary purpose is to provide education;

2. (2) 

   it is privately controlled and operates on a continuing basis;

3. (3) 

   it provides instruction for the equivalent of 180 days of education with each school day consisting of at least 4 and 1/2 hours;

4. (4) 

   it provides a basic educational program, which includes reading, language arts, mathematics, social studies, and science;

5. (5) 

   it meets certain requirements to report information to each local public school district that has residents enrolled, including a list of the name, age, and residence of each enrollee; and

6. (6) 

   any building used by the institution for private school purposes meets all health and safety standards.

See Ga. Code. Ann. § 20-2-690(b).

Based on the evidence, it appears KDDS may meet the requirements regarding length of instruction and basic educational content. See Ga. Code. Ann. § 20-2-690(b)(3), (b)(4). However, the evidence does not show whether KDDS meets any of the other requirements to be a private school under Georgia law. In particular, the evidence does not show whether KDDS (1) reports enrollee information to the local public school district or (2) uses a building that meets all health and safety standards. See Ga. Code. Ann. § 20-2-690(b)(5), (b)(6). Accordingly, the evidence does not establish that KDDS is an educational institution for determining whether Claimant is a full-time elementary or secondary school student. See Act § 202(d)(7)(A), (d)(7)(C); 20 C.F.R. § 404.367(a); POMS RS 00205.001.A; POMS RS 00205.200.A.

Home Study Program and Independent Study under Georgia Law

Because Claimant is a resident of Georgia, we consider whether she is a home school student under Georgia law. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275.B. Under Georgia law, 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 DOI to use a home study program to the DOE within 30 days after the establishment of a home study program and by September 1 annually thereafter;

(2) the DOI must include certain enrollment and address information;

(3) the parent or guardian providing instruction must possess at least a high school diploma or general educational development diploma (GED), although the parent or guardian may employ a tutor who holds a high school diploma or GED 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 each 12 months equivalent to 180 school days per year with each school day consisting of at least 4 and 1/2 school hours, unless the child is physically unable to comply;

(6) 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 3 years beginning in third grade; and

(7) the home study program instructor must write an annual progress report.

Ga. Code Ann. § 20-2-690(c).

The child’s parent or guardian has authority to execute any document required by law, rule, regulation, or policy to evidence the enrollment of a child in a home study program, the student’s full-time or part-time status, the student’s grades, or any other required educational information. Ga. Code Ann. § 20-2-690(c)(6). ^[12] Claimant does not qualify as a home school student under Georgia law because her mother did not submit a Home Study DOI to the Georgia DOE. ^[13] See Ga. Code Ann. § 20-2-690(c)(1). In November 2014, SSA asked Georgia DOE’s Home Study Program Manager A~ whether the Georgia DOE had a record of Claimant’s Home Study DOI. A~ responded that the Georgia DOE did not have a record of Claimant or her mother in its files. Because Claimant’s mother has not submitted a Home Study DOI to the Georgia DOE, Claimant is not instructed in elementary or secondary education at home in accordance with Georgia law for purposes of CIB. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275.B.Claimant’s instruction through KDDS otherwise appears to satisfy the requirements of a home study program under Georgia law. See Ga. Code Ann. § 20-2-690(c). The evidence indicates L~ has a graduate degree in science education, and is therefore qualified to tutor Claimant. See Ga. Code Ann. § 20-2-690(c)(3). According to KDDS’s curriculum and Claimant’s transcript, Claimant receives instruction in a basic academic education, including reading, language arts, mathematics, social studies, and science. See Ga. Code Ann. § 20-2-690(c)(4). Claimant reported, and L~ confirmed, that KDDS’s school year began on August 1, 2014, and ends on May xx, 2015, therefore lasting 198 days excluding weekends and public holidays, which is 18 days more than the statutory requirement. See Ga. Code Ann. § 20-2-690(c)(5). Additionally, Claimant’s mother indicates Claimant attends school at L~’s house Monday to Thursday from 9:00 a.m. to 2:00 p.m., with assignments online on Fridays, and Claimant indicates she is scheduled to attend between thirty-five and forty hours per week at school. Thus, Claimant attends at least four and one-half hours of school per school day. See Ga. Code Ann. § 20-2-690(c)(5). While it is unclear whether Claimant’s June 2014 taking of the ACT test satisfies the requirement of triennial standardized testing, she may still be subjected to appropriate testing before the end of her twelfth grade year.^[14] See Ga. Code Ann. § 20-2-690(c)(7). Finally, Claimant’s transcript indicates L~ writes an annual assessment of Claimant’s academic progress in each of her areas of study. See Ga. Code Ann. § 20-2-690(c)(8). Regardless, as discussed, Claimant is not a home school student under Georgia law because her mother did not submit a Home Study DOI to the Georgia DOE.

Moreover, Claimant’s participation in KDDS does not appear to satisfy the independent study provisions of the regulations. See 20 C.F.R. § 404.367(a)(2). Independent study is a method of alternative secondary education used in some States. POMS RS 00205.285.A. Local education agencies, such as high schools or school districts, run independent study programs. Id. Independent study programs are run “in accordance with specific State law requirements, and the credits earned count toward high school graduation.” Id. The programs involve periodic teacher contact, direction, and testing on campus, with the student making academic progress generally through independent study at home. Id. Nothing in the information provided suggests any local school or school district runs KDDS. As such, Claimant’s participation in KDDS does not seem to satisfy the independent study requirements.

Finally, because Claimant’s study through KDDS does not qualify as either an educational institution or a home study program under Georgia law, Claimant does not satisfy the requirements 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.

CONCLUSION

Claimant has not demonstrated KDDS is an educational institution under Georgia law. Additionally, Claimant has not demonstrated that she is participating in a home study program or independent study program in compliance with Georgia law. Thus, she is not a full-time elementary or secondary school student based on her instruction through KDDS.

Sincerely,

Mary Ann Sloan

Regional Chief Counsel

By: Owen Keegan

Assistant Regional Counsel

Georgia law pertinent to its home school reporting requirements has changed, and this opinion modifies PR 00-501 (10/2/91). Legislation that took effect July xx, 2012, revised Ga. Code Ann. § 20-2-690(c) (6) regarding how attendance records will be reported. Attendance records for the home study program shall be kept and shall be submitted annually to the Department of Education. This legislation also revised Ga. Code Ann. § 20-2-690(c)(1), to now require a declaration of intent be submitted to the “Department of Education”.

QUESTION

You have asked whether a precedent opinion describing Georgia’s home schooling requirements needs to be revised in light of revisions made to Georgia state law regarding how attendance records will be reported.

ANSWER

We conclude revisions will need to be made to the relevant precedent opinion to reflect the changes Georgia made in 2012 to its home schooling reporting requirements.

DISCUSSION

The precedent opinion on Georgia’s home schooling requirements states that Ga. Code Ann. § 20-2-690(c)(6) requires attendance records for a home study program be kept and submitted “at the end of each month to the school superintendent of the local school district in which the home study program is located.” Program Operations Manual System (POMS) PR 08005.012C.

However, legislation that took effect July xx, 2012, revised Ga. Code Ann. § 20-2-690(c)(6) to state the following, in relevant part:

Attendance records for the home study program shall be kept and shall be submitted annually to the Department of Education and additionally, in accordance with department regulations for purposes of verification of attendance by the Department of Public Safety, for the purposes set forth in subsection (a.1) of Code Section 40-5-22. The department may provide for electronic submittal of such records. 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, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22 . . . .

Ga. Code Ann. § 20-2-690(c)(6) (West 2012) (emphasis added).

This legislation also revised Ga. Code Ann. § 20-2-690(c)(1), which previously required a declaration of intent be submitted to “the superintendent of schools of the local school district in which the home study program is located . . . .” Effective July xx, 2012, this section now requires this declaration be submitted to the “Department of Education, which may provide for electronic submittal of such declaration of intent . . . .” Ga. Code Ann. § 20-2-690(c)(1) (West 2012).

CONCLUSION

Our research indicates PR 08005.012C no longer accurately reflects Georgia’s home schooling reporting requirements, in light of the revisions that took effect July xx, 2012.

Sincerely,

By: Natalie Liem

Assistant Regional Counsel

The claimant’s education through Liberty University Online Academy (LUOA), located in Lynchburg, Virginia, does not meet the requirements for home schooling in Georgia. There is no evidence that the claimant’s mother submitted a declaration of intent; kept attendance records and submitted them to the local superintendent; or wrote an annual progress report. Neither is there evidence that the claimant took a nationally standardized test. Further, instead of a parent or guardian, LUOA provides instruction to the claimant. Although the Georgia statute permits a parent or guardian to employ a tutor who has a high school or general education development diploma, the opinion does not address whether LUOA qualifies as a tutor because, for the preceding reasons, the claimant does not qualify as a home school student under Georgia law.

OPINION

We believe LUOA is not an educational institution for purposes of determining the claimant’s continuing eligibility for child’s insurance benefits. The claimant does not qualify as a full-time elementary or secondary school student because LUOA is not a recognized educational institution in Virginia, the state in which the school is located, and because the claimant is not a home school student under Georgia law. Because LUOA is not an educational institution, we do not address whether the claimant is attending LUOA full-time.

BACKGROUND

Christopher (Claimant) received child’s insurance benefits until he reached eighteen years of age in June 2011. Claimant resides in Georgia. Claimant’s mother reported Claimant began attending LUOA in March 2011. LUOA is an online, home schooling, academic program, based in Lynchburg, Virginia. See LUOA, About Online Homeschooling, http://www.libertyonlineacademy.com/about/ (last visited August 1, 2011); LUOA, Contact Information, http://www.libertyonlineacademy.com/contact/ (last visited August 1, 2011). Claimant reported he “attends” LUOA 40 hours per week. Marianne , an academic advisor at LUOA, stated Claimant is enrolled in six courses and logs in approximately 30 hours per week on average. LUOA’s school year consists of 180 days and allows students 10 months to complete the school year. LUOA, What to Expect With Online Homeschooling, http://www.libertyonlineacademy.com/index.cfm?PID=14797 (last visited August xx, 2011). Earnest Claimant should complete his eleventh grade classes by the end of August 2011.

DISCUSSION

Eligibility for Child’s Insurance Benefits as a Full-Time Elementary or Secondary School Student–Generally

To be eligible for child’s insurance benefits on the earnings record of an insured person who is entitled to old-age or disability benefits, a claimant eighteen 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)(B)(i); 20 C.F.R. §§ 404.350(a)(5), 404.367 (2011). To qualify as a “full-time elementary or secondary school student,” a student must attend a recognized educational institution, which is a school that provides elementary or secondary education as determined under the law of the state in which the school is located. See Act § 202(d)(7)(C)(i); 20 C.F.R.

§ 404.367(a); Program Operations Manual System (POMS) RS 00205.200A. A student attending an online school may be a full-time student if the student meets the other requirements for full-time attendance and the online school meets the requirements for recognition under the law of the state in which the online school is located. See POMS RS 00205.295B.

A student may also qualify as “full-time elementary or secondary school student” if he is “instructed in elementary or secondary education at home in accordance with a home school law of the State . . . in which [he] reside[s].” 20 C.F.R. § 404.367(a)(1). A home school student must carry a subject load that is considered full-time for day students under standards and practices set by the State in which he resides. 20 C.F.R. § 404.367(b). Also, a student must be scheduled to attend at least 20 hours per week to meet the requirements of full-time attendance. 20 C.F.R. § 404.367(c).

Status of LUOA as an Educational Institution in Virginia

Because LUOA is located in Virginia, we look to Virginia law to determine whether LUOA qualifies as an elementary and/or secondary school. Virginia does not recognize online schools as educational institutions. See POMS PR 08205.052B. On July xx, 2011, the Office of the Regional Chief Counsel, Region III (Region III) verified this precedent opinion is still correct. However, Region III also noted the Virginia General Assembly recently promulgated standards regarding providers of online courses, known as multidivision online providers. Region III also advised that the Superintendent of Public Instruction in Virginia must approve multidivision online providers. Region III advised that a student could conceivably take all his courses through an online program approved by the Superintendent of Public Instruction, but cautioned that any student enrolled in any online program offered by a local school division must be enrolled in a public school in Virginia and can only receive credit for courses that his local school board has approved.

The Superintendent of Public Instruction has not approved LUOA as a multidivision online provider. See Approved Multidivision Online Providers, Provider List, https://p1pe.doe.virginia.gov/amop_public last visited August xx, 2011). In addition, Claimant, a Georgia resident, is not enrolled in a public school in Virginia. Accordingly, Claimant has not satisfied the requirements for taking courses through a virtual program under Virginia law. LUOA does not qualify as an elementary or secondary school under Virginia law.

Home Schooling Under Georgia Law

We look to Georgia law to determine whether Claimant qualifies as home school student. See 20 C.F.R. § 404.367(a)(1). Georgia recognizes three types of educational entities: public schools, private schools, and home study programs. Ga. Code Ann. § 20-2-690(a) (West 2011). 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 superintendent of schools of the local school district in which the home study program is located; (2) the declaration must include certain enrollment and address information; (3) the parent, guardian, or tutor providing instruction must possess at least a high school diploma or a general educational development diploma; (4) the home study program must provide a basic academic educational program; (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 each month to the local school superintendent; (7) students are subject to an appropriate nationally standardized testing program administered in consultation with a person trained to administer such tests; and (8) the home study program instructor must write an annual progress report. Ga. Code Ann. § 20-2-690(c).

Claimant’s education through LUOA does not meet the requirements for home schooling in Georgia. There is no evidence that Claimant’s mother submitted a declaration of intent to the superintendent of Claimant’s local school district; kept attendance records and submitted those records to the local superintendent; or wrote an annual progress report; and no evidence that Claimant was subject to a nationally standardized testing program. ** We note that LUOA, rather than a parent or guardian, is providing instruction to Claimant. See Ga. Code Ann. § 20-2-690(c) (“[p]arents or guardians may teach their children in a home study program”). The statute, however, allows a parent or guardian to employ a tutor who holds a high school or general education development diploma. See Ga. Code Ann § 20-2-690(c)(3). It is not necessary to address whether LUOA qualifies as a “tutor” because Claimant’s education through LUOA does not otherwise satisfy Georgia’s home-schooling requirements.

Full-Time Attendance

Because LUOA does not qualify as an elementary or secondary school under Virginia law and Claimant does not qualify as a home school student under Georgia law, Claimant does not meet the definition of a “full-time elementary or secondary school student.” See 20 C.F.R. § 404.367(a). Accordingly, we do not address whether Claimant is attending LUOA full-time.

CONCLUSION

Clamant does not establish he is a full-time elementary or secondary school student because LUOA is not a recognized educational institution under Virginia law and Claimant does not qualify as a home school student under Georgia law. As a result, Clamant is not eligible for child’s insurance benefits.

Sincerely,

Mary Ann Sloan

Regional Chief Counsel

By: Alison E. Loy

Assistant Regional Counsel

Georgia State Law recognizes home schooling. Georgia law permits parents or guardians to teach their children in a home study program that meets the following requirements:

• •

  The parent(s) or guardian must submit within 30 days after beginning a home study program and by September 1 each year thereafter a declaration of intent to use a home study program to the superintendent of schools of the local school district in which the home study program is located;

• •

  The declaration of intent must include a list of the names and ages of the students enrolled in the home study program, the address of the home study program, and a statement of the 12 month period to be considered the school year for the home study program;

• •

  Parents or guardians with at least a high school diploma or a general educational development (GED) equivalency diploma may teach only their own children; they may also hire a tutor who has at least a high school diploma or GED equivalency diploma to teach such children;

• •

  The home study program must include, but is not limited to, reading, language arts, mathematics, social studies and science;

• •

  The home study program must provide its students with the equivalent of 180 school days of at least four and one-half school hours of instruction in each 12 month period, unless the child is physically unable to comply with this rule;

• •

  Attendance records for the home school program must be kept and submitted at the end of every month to the superintendent of the local school district in which the home school program is located;

• •

  Students in home school programs must take a nationally standardized test to evaluate their educational progress at least every three years beginning at the end of the third grade, and the records and scores of these tests must be kept; and

• •

  The home school instructor must write an annual progress report of the student's academic progress in each subject area, and the parent(s) or guardian must retain these reports for at least 3 years.

The home school instructor should submit evidence that Georgia laws are being met.

In addition to Georgia law, the student must meet Federal standards for full-time attendance and all other requirements for payment of benefits.

Your office has requested our opinion as to the following:

(1) Whether a home schooling situation in Georgia qualifies under section 202(d)(7) of the Social Security Act as a school that provides elementary or secondary education as determined under the law of the State of Georgia;

(2) What requirements must be followed in home schooling situations; e.g., must specific subjects be taught; are students tested; must parents seek written approval from the school board; are there any specific attendance requirements or verification.

Discussion

Section 202(d)(7) of the Social Security Act provides in pertinent part that:

(A) A "full-time elementary or secondary school student" is an individual who is in full-time attendance as a student at an elementary or secondary school, as determined by the Secretary (in accordance with regulations prescribed by him) in light of the standards and practices of the schools involved. . . .

(C)(i) An "elementary or secondary school" is a school which provides elementary or secondary education, respectively, as determined under the law of the State or other jurisdiction in which it is located.

The State of Georgia has enacted statutes which permit and define the requirements for home schooling within the State. If a home school operates pursuant to these statutory provisions, it is our opinion that the school qualifies as a school that provides elementary or secondary education under section 202(d)(7) of the Social Security Act. Georgia statutes specifically provide that the subjects of reading, language arts, mathematics, social studies and science must be taught in home schools. See, O.C.G.A. §20-2-690(c)(4).

Written approval from the school board is not a prerequisite for a home school study program for a child, however, the parents or guardians of the student(s) must submit a declaration of intent to utilize a home study program to the superintendent of the local school district within 30 days after the establishment of the program and annually thereafter. See, O.C.G.A. §20-2-690(c)(1).

Attendance requirements are the same for home study programs as regular schools and attendance records from a home school in Georgia will satisfy the evidence of school attendance provisions contained in 20 C.F.R. §404.745. Home study programs are also subject to nationally standardized testing programs and academic progress is to be evaluated through testing at least every three years beginning with the third grade. See, O.C.G.A. §20-2--690(c)(7).

Georgia statutes pertaining to home schooling are found at section 20-2-690(c) of the Official Code of Georgia Annotated. These statutory provisions provide as follows:

(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 xx 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; the parents or guardians may also employ a tutor who has at least a high school diploma or GED equivalency diploma to teach such children;

(4) The home 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.

As stated herein, it is our opinion that home schools in Georgia can qualify as an elementary or secondary school as defined under section 202(d)(7) of the Social Security Act. If you have any further questions or concerns with respect to this matter, please do not hesitate to contact us.