The purpose of this memorandum is to respond to your request for our opinion regarding
whether a home school would qualify under section 202 (d)(7)(C)(i) of the Social Security
Act (the Act) as a school that provides elementary or secondary education as determined
under Louisiana law. See 42 U.S.C. § 402 (d)(7)(C)(i). Specifically, you asked whether Rance A. R~ qualifies
as a full-time student of an elementary or secondary school and, therefore, is entitled
to receive benefits on the record of Mason R~. After reviewing the facts and relevant
law, we believe that Rance's home school qualifies as an educational institution under
Louisiana state law and that he is entitled to benefits on Mr. R~ record.
As we understand the facts, Rance was receiving benefits on Mr. R~ record until he
attained age eighteen in September 2004, at which time his benefits were terminated.
Rance then submitted Form SSA-1372, Student's Statement Regarding School Attendance,
on which he stated that he had been home schooled since September 2004. The SSA-1372
also indicates that Rance attends the home school full-time 20 to 25 hours per week
and that he expects to graduate in May 2006. Finally, it is our understanding that
Rance is being home schooled by Ms. Pamela C~, a home school assistant.
The materials you have submitted include an approved initial home study application
signed by Ms. Princetta R~, Rance's mother, on which she certifies that Rance is enrolled
in a home study program offering a sustained curriculum of a quality at least equal
to that offered in the public schools, that there is an adequate physical plant, and
that the program operates a minimum of 180 days per year. The form is signed as approved
by the President of the Louisiana State Board of Elementary and Secondary Education
(SBESE). You have also submitted the SBESE-approved home study information packet
for the 2004-2005 school year.
According to Louisiana law, the initial application process for home schooling requires
a copy of Rance's birth certificate in addition to the application itself. La. Rev.
Stat. Ann. § 17:236.1B. Since the SBESE application is not a renewal, there is no
requirement for documentation of student achievement during the prior year. See La. Rev. Stat. Ann. § 17:236.1B; see also SBESE Approved Home Study Information Packet 2004-2005 at page 2. However, we note
that Rance indicated on his SSA-1372 that he had briefly attended a public high school
during the prior school year, and such information would have been available to the
Louisiana State Board of Elementary and Secondary Education. The initial application
was approved by the President of the SBESE on December 17, 2004.
As you know, the child of a wage earner may receive benefits after age eighteen if
he is a full-time elementary or secondary school student. 20 C.F.R. § 404.350(a)(5)
(2004). A student receiving home school instruction in accordance with the law of
the state in which he resides is considered a full-time elementary or secondary school
student. 20 C.F.R. §§ 404.367(a)(1), (c). As Rance resides in Louisiana, Louisiana
State law applies. Id.
In Louisiana, a school is defined as an institution for the teaching of children,
consisting of an adequate physical plant, instructional staff members, and students.
La. Rev. Stat. Ann. § 17:236. A child who participates in an SBESE-approved home study
program is considered in attendance at a day school for compulsory attendance purposes.
Id. The student's parent or legal guardian must apply to the SBESE for initial approval
of a home study program and must apply for renewal of the approval each year. La.
Rev. Stat. Ann. § 17:236.1A./
The information you have provided establishes that, since September 2004, Rance has
been attending a home school that was approved by the SBESE in accordance with the
Louisiana statutory procedures. We have no reason to question the accuracy of the
documentation and representations made. Accordingly, we believe that Rance qualifies
as a full-time student according to Louisiana State law.
The purpose of this memorandum is to respond to your request for our opinion regarding
whether a home school would qualify under section 202 (d)(7)(C)(i) of the Social Security
Act (the Act) as a school that provides elementary or secondary education as determined
under Louisiana law. See 42 U.S.C. § 402 (d)(7)(C)(i). Specifically, you asked whether
Rance A. R~ qualifies as a full-time student of an elementary or secondary school
and, therefore, is entitled to receive benefits on the record of Mason R~. After reviewing
the facts and relevant law, we believe that Rance's home school qualifies as an educational
institution under Louisiana state law and that he is entitled to benefits on Mr. R~
record.
As we understand the facts, Rance was receiving benefits on Mr. R~ record until he
attained age eighteen in September 2004, at which time his benefits were terminated.
Rance then submitted Form SSA-1372, Student's Statement Regarding School Attendance,
on which he stated that he had been home schooled since September 2004. The SSA-1372
also indicates that Rance attends the home school full-time 20 to 25 hours per week
and that he expects to graduate in May 2006. Finally, it is our understanding that
Rance is being home schooled by Ms. Pamela C~, a home school assistant.
The materials you have submitted include an approved initial home study application
signed by Ms. Princetta R~, Rance's mother, on which she certifies that Rance is enrolled
in a home study program offering a sustained curriculum of a quality at least equal
to that offered in the public schools, that there is an adequate physical plant, and
that the program operates a minimum of 180 days per year. The form is signed as approved
by the President of the Louisiana State Board of Elementary and Secondary Education
(SBESE). You have also submitted the SBESE-approved home study information packet
for the 2004-2005 school year.
According to Louisiana law, the initial application process for home schooling requires
a copy of Rance's birth certificate in addition to the application itself. La. Rev.
Stat. Ann. § 17:236.1B. Since the SBESE application is not a renewal, there is no
requirement for documentation of student achievement during the prior year. See La. Rev. Stat. Ann. § 17:236.1B; see also SBESE Approved Home Study Information Packet 2004-2005 at page 2. However, we note
that Rance indicated on his SSA-1372 that he had briefly attended a public high school
during the prior school year, and such information would have been available to the
Louisiana State Board of Elementary and Secondary Education. The initial application
was approved by the President of the SBESE on December 17, 2004.
As you know, the child of a wage earner may receive benefits after age eighteen if
he is a full-time elementary or secondary school student. 20 C.F.R. § 404.350(a)(5)
(2004). A student receiving home school instruction in accordance with the law of
the state in which he resides is considered a full-time elementary or secondary school
student. 20 C.F.R. §§ 404.367(a)(1), (c). As Rance resides in Louisiana, Louisiana
State law applies. Id.
In Louisiana, a school is defined as an institution for the teaching of children,
consisting of an adequate physical plant, instructional staff members, and students.
La. Rev. Stat. Ann. § 17:236. A child who participates in an SBESE-approved home study
program is considered in attendance at a day school for compulsory attendance purposes.
Id. The student's parent or legal guardian must apply to the SBESE for initial approval
of a home study program and must apply for renewal of the approval each year. La.
Rev. Stat. Ann. § 17:236.1A./
The information you have provided establishes that, since September 2004, Rance has
been attending a home school that was approved by the SBESE in accordance with the
Louisiana statutory procedures. We have no reason to question the accuracy of the
documentation and representations made. Accordingly, we believe that Rance qualifies
as a full-time student according to Louisiana State law.
Tina M. W~
Regional Chief Counsel
By: ____________________
Thomas C. S~
Assistant Regional Counsel