Federal Law
To be eligible for CIB on the earnings record of an individual who is entitled to
old-age or disability insurance benefits or dies fully or currently insured, an individual
who is eighteen years or older and not disabled must be a “full-time elementary or
secondary school student.” Social Security Act (Act) § 202(d)(1)(B)(i), (d)(7)(A);
see 20 C.F.R. §§ 404.350(a)(5), 404.367 (2019);[2] 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) according to the law of the state
or jurisdiction where the school is located. See Act § 202(d)(7)(A), (d)(7)(C); 20 C.F.R. § 404.367(a), (e); POMS RS 00205.001(A); POMS RS 00205.200(A). An individual also may qualify as an elementary or secondary school student if
shereceives 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 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 is in full-time attendance if 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, a Beneficiary attending an online school is in full-time attendance
if she is attending an online school consistent with the law of the state in which
the online 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 if the school considers the beneficiary
to be a full-time student based on the school’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 she is scheduled to attend school
at the rate of twenty hours per week, enrolled in a noncorrespondence course, and
enrolled in a course of study that is of at least thirteen weeks duration. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300(C). A home schooled individual must meet the Federal standards for full-time attendance
and 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 California
Law
Because SA is located in California, California law governs whether SA is an educational
institution. SeeAct § 202(d)(7)(C)(i); 20 C.F.R. § 404.367(a); POMS RS 00205.001(A); POMS RS 00205.200(A). The California Department of Education uses the term “school” to refer to education
institutions with the following characteristics: (1) has one or more teachers to give
instruction; (2) has an assigned administrator; (3) is based in one or more buildings;
and (4) contains enrolled or prospectively enrolled students. Cal. Dep’t of Educ.,
Definition of a School, https://www.cde.ca.gov/ds/si/ds/dos.asp (last visited Oct. 8, 2019). “A private school is a school, as defined, that is owned
or operated by a private person, firm, association, organization, or corporation,
rather than by a public agency.” Id.
California minimally regulates private schools. SeeCal. Dep’t of Educ., Private Schools Frequently Asked Questions: Alternatives; Regulations;
Selecting a School, https://www.cde.ca.gov/sp/ps/psfaq.asp (last visited Feb. 26, 2020) (stating “[t]he [California Department of Education]
has no statutory authority to regulate or monitor private schools” and “no state agency
licenses, regulates, or oversees private schools”); see alsoJonathan v.
Superior Court, 165 Cal. App. 4th 1074, 1092 n.20 (2008) (stating “We note here that the school
district verifies only if a private school affidavit has been filed; the district
is granted no authority by [California Education Code § 48222] to confirm that the
private school is in compliance with the other requirements of the private school
exemption.”).
California exempts children attending certain private schools from compulsory public
school attendance. See Cal. Educ. Code §§ 48220, 48222 (West 2019).[3] Such private schools must be taught in the English language and instruct in the same
branches of study as required for public schools. Cal. Educ. Code § 48222. Under California
law, “persons capable of teaching”[4] must instruct children at private schools. Id . The private school must keep attendance of students. Id. Furthermore, the private school must file an affidavit annually with the state. Id . Such affidavit “shall not be construed as an evaluation, recognition, approval,
or endorsement of any private school or course.” Id. However, filing a current affidavit establishes an exemption from compulsory public
school attendance. See Cal. Educ. Code § 48222; Cal. Dep’t of Educ., Private Schools Frequently Asked Questions:
Private Schools and the Private School Affidavit,
http://www.cde.ca.gov/sp/ps/rq/psfaq.asp#b8 (last visited Feb. 26, 2020).
California maintains a Private School Directory (PSD) that lists private schools that
have filed an affidavit. See Cal. Dep’t of Educ., Private Schools, (https://www.cde.ca.gov/sp/ps/cefprivinstr.asp) (last visited Feb. 26, 2020); Cal. Dep’t of Educ., Private Schools Frequently Asked
Questions: Alternatives; Regulations; Selecting a School, https://www.cde.ca.gov/sp/ps/psfaq.asp#b8. A private school appearing in the PSD has established an exemption from compulsory
public school attendance for each student enrolled in the school. SeeCal. Educ. Code § 48222; Cal. Dep’t of Educ., Private Schools Frequently Asked Questions:
Private Schools and the Private School Affidavit, http://www.cde.ca.gov/sp/ps/rq/psfaq.asp#b8. SA appears in the PSD for 2018-2019. See Cal. Dep’t of Educ., PSD, https://www.cde.ca.gov/ds/si/ps/ (select “2018-2019” under “Private School Affidavit Information”) (last visited Feb.
26, 2020). Therefore, SA students are exempt from compulsory public school attendance.
California also maintains a California School Directory (CSD), which includes private
schools. SeeCal. Dep’t of Educ., Private
Schools Frequently Asked Questions: Alternatives; Regulations; Selecting a
School, https://www.cde.ca.gov/sp/ps/psfaq.asp#b8. SA appears in the CSD, which lists SA’s status as “active.” See Cal. Dep’t of Educ., CSD: Success Academy k-12, https://www.cde.ca.gov/SchoolDirectory/details?cdscode=19647336157143 (last visited Feb. 26, 2020).
Because California’s online directory lists SA’s status as active, SA is presumptively
an educational institution under the Act and regulations. See POMS PR 08205.006(B) (PR 12-115, June 29, 2012). Further, SA appears to meet California’s definitions
for a school and private school. See Cal. Dep’t of Educ., Definition of a School, https://www.cde.ca.gov/ds/si/ds/dos.asp (last visited Feb. 26, 2020). Dr. B~’s affidavit indicates SA has an assigned administrator
and a full-time teacher, a physical address, and enrolled students. The affidavit
also states that SA is a full-time private school that offers instruction in the branches
of study California requires public schools to teach, and that it offers the instruction
in English. Dr. B~’s June 2019 letter indicates that he provides the instruction,
and that he holds a bachelor’s degree in education and a master’s degree in school
administration. Thus, he appears to be “capable of teaching.” His letter also provides
attendance records, which indicates that SA keeps regular attendance records. Based
on the foregoing, SA is an educational institution under California law.
SA appears to be an online school. Under POMS RS 00205.295:
An online school is one that offers Internet-based courses to students. Online schools
vary considerably in the methods used to provide education to students. Some features
of online schools may include virtual classrooms; an interactive curriculum; email,
telephone, and fax access to teachers; either online or in-person completion of tests;
required time spent online that the school monitors; and individualized instruction.
In contrast, “[a] correspondence school is a school that teaches by mailing lessons
and exercises to the student. Upon completion, the student returns the exercises to
the school for grading.” POMS RS 00295.330. SA’s website states that SA provides “online classes” and indicates that each student
has an “online classroom.” See SA, About Us, https://successacademyk12.com/about-us/ (last visited Feb. 26, 2020). Therefore, the available information indicates that
SA is an online school, rather than a correspondence school.[5]
Full-time Attendance Based on Enrollment at
SA
The information provided does not establish Beneficiary meets the Federal standards
for full-time attendance based on her enrollment at SA. Dr. B~ certified that SA’s
course of study is at least thirteen weeks in duration, and nothing in the information
available indicates that Beneficiary takes correspondence courses. However, inconsistencies
exist in the information provided about her attendance. Beneficiary stated that she
is scheduled to attend SA twenty hours per week, and Dr. B~ verified Beneficiary’s
statement. Beneficiary’s attendance report, however, shows 73.2 attendance hours for
the entire 2018 to 2019 school year, which amounts to far less than twenty hours per
week.[6] Therefore, the available information does not establish that Beneficiary meets the
federal standard for full-time attendance. See Act § 202(d)(7)(A); 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300(C).
Further, Beneficiary has not established she meets California’s standard for full-time
attendance. To meet the state requirements for full-time attendance, a student must
show that the school considers her to be a full-time student based on the school’s
standards and practices for day students. See POMS RS 00205.300(B). Here, Beneficiary has not established that SA considers her a full-time student.
The information Beneficiary provided suggests that she might be a full-time student
under SA’s standards and policies, but fails to establish that SA considers her a
full-time student. When asked what months she expected she would not be in full-time
attendance for any months from the beginning of the school year to her expected graduation,
Beneficiary indicated the question was not applicable, which suggests that she will
be in full-time attendance. Dr. B~ verified Beneficiary’s statement, which indicates
that SA may consider her a full-time student. See POMS RS 00205.350(B) (stating that if the school official completing the Certification by School Official
page of Form SSA-1372 “answers ‘yes’ to questions 1, 2, 4, and 5, and completes question
3 and the signature area, consider the student’s school attendance to be verified”).
However, Beneficiary did not complete section 1(a) of Form SSA-1372-BK, which asks
if she is currently in full-time attendance and there is no conclusive information
that establishes SA considers Beneficiary to be a full-time student. Therefore, Beneficiary
has not established that she is a full-time student under SA’s standards and policies.
Home Schooling and Independent Study under North Carolina
Law
Beneficiary described SA as a home-school program. Because Beneficiary resides in
North Carolina, we look to North Carolina law to determine whether Beneficiary is
home schooled. SeeAct § 202(d)(7)(C)(i); 20 C.F.R. § 404.367(a)(1), (b); POMS RS 00205.275(A)-(B). Under North Carolina law, a home school is a nonpublic school consisting
of the children of not more than two families or households, where the parents, legal
guardians, or members of either household determine the scope and sequence of instruction,
provide academic instruction, and determine additional sources of academic instruction.
See N.C. Gen. Stat. Ann. § 115C-563(a) (West 2019);[7] N.C. Dep’t of Admin. (NCDOA), Home School Requirements & Recommendations, https://ncadmin.nc.gov/citizens/home-school/home-school-requirements-recommendations (last visited Feb. 26, 2020). Those individuals desiring to home school a child must
submit a Notice of Intent to Operate a Home School to the North Carolina Division
of Non-Public Education (DNPE), which includes the name and address of the school
along with the chief administrator. See N.C. Gen. Stat. Ann. §§ 115C-552, 115C-560; NCDOA, Home School Requirements & Recommendations,
https://ncadmin.nc.gov/citizens/home-school/home-school-requirements-recommendations. Home schools must perform nationally standardized tests or other nationally standardized
equivalent measurements annually, which must measure achievement in English grammar,
reading, spelling, and mathematics. N.C. Gen. Stat. Ann. § 115C-564 (citing N.C. Gen.
Stat. Ann. §§ 115C-549, 115C-557); NCDOA, Home School Requirements & Recommendations,
https://ncadmin.nc.gov/citizens/home-school/home-school-requirements-recommendations. Additionally, persons providing academic instruction in a home school are required
to hold at least a high school diploma or its equivalent. See N.C. Gen. Stat. Ann. § 115C-564; NCDOA, Home School Requirements & Recommendations,
https://ncadmin.nc.gov/citizens/home-school/home-school-requirements-recommendations. Furthermore, North Carolina home schools must elect to operate under the qualifications
applicable to either private church schools and schools of religious charter or qualified
nonpublic schools. See N.C. Gen. Stat. Ann. § 115C-564. For either type of institution, the school must
maintain annual attendance and disease immunization records for each pupil enrolled
and regularly attending classes. Seeid. §§ 115C-548, 115C-556, 115C-565. Therefore, home schools must comply with these requirements
as well.
The information provided does not establish that Beneficiary receives instruction
at home in accordance with North Carolina’s home school law. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275(A). First, the evidence fails to establish that SA meets the State’s definition of
a home school. Nothing in the information provided indicates that SA consists of children
of not more than two families or households. See N.C. Gen. Stat. Ann. § 115C-563(a). Further, SA’s website indicates that SA partners
with parents or whomever may be directing the child’s learning by providing access
that allows such individuals to stay up to date with what their child is learning.
SA, About Us, https://successacademyk12.com/about-us/. However, that statement does not establish that parents, legal guardians, or members
of a household determine the scope and sequence of instruction, provide academic instruction,
and determine additional sources of academic instruction, as required to meet the
state’s definition of a home school. N.C. Gen. Stat. Ann. § 115C-563(a). Therefore,
SA does not meet the definition of a home school.
Second, there is no indication that SA submitted a Notice of Intent to Operate a Home
School to the North Carolina DNPE. See NCDOA, Home School Requirements & Recommendations, https://ncadmin.nc.gov/citizens/home-school/home-school-requirements-recommendations; N.C. Gen. Stat. Ann. §§ 115C-552, 115C-560.
Third, the information provided does not establish that SA performs nationally standardized
tests or other nationally standardized equivalent measurements annually, which measure
achievement in English grammar, reading, spelling, and mathematics, as required under
North Carolina law. See N.C. Gen. Stat. Ann. § 115C-564 (citing N.C. Gen. Stat. Ann. §§ 115C-549, 115C-557);
NCDOA, Home School Requirements & Recommendations, https://ncadmin.nc.gov/citizens/home-school/home-school-requirements-recommendations. Rather, Dr. B~’s June 2019 letter states that California does not have state-mandated
tests for private schools, which suggests SA does not require its students to perform
such tests. Finally, the information provided indicates that SA keeps attendance records,
but does not show that it maintains disease immunization records for each pupil enrolled
and regularly attending classes, as required under North Carolina law. See N.C. Gen. Stat. Ann. §§ 115C-548, 115C-556, 115C-565. For the forgoing reasons, SA
does not qualify as a home school.
Moreover, Beneficiary’s enrollment in or instruction through SA 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 must operate “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 that SA is an independent study program
in accordance with North Carolina law or that a local school or school district in
North Carolina administers SA. Rather,the information available shows that SA is a
private, on-line school operating from California. As such, Beneficiary’s enrollment
in or instruction through SA does not satisfy the independent study requirements.