QUESTION
You asked whether Zion Academy of America (Zion), an educational entity located in
the State of Washington, is an educational institution for determining if the claimant,
a Tennessee resident, is eligible for child’s insurance benefits (CIB) as a full-time
secondary school student. You also asked whether the claimant is in full-time attendance.
OPINION
Zion is not an educational institution under Washington law and Claimant is not home
schooled under Tennessee law. The claimant also does not meet the standards for full-time
attendance for determining his eligibility for CIB.
BACKGROUND
According to the information provided, W~ (Claimant), resides in Tennessee, and was
receiving CIB as a child under age 18 on the earnings record of W2~, the number holder.
Claimant turned 18 years old on December 2016. He has applied for a continuation of
CIB as a full-time student.
On January 2017, Claimant completed a Student’s Statement Regarding School Attendance
form (Form SSA-1372). Claimant indicated that he was in full-time attendance and that
Zion is a private school program. Claimant reported that the school year began on
September 1, 2016, and would end on May 24, 2017. Claimant reported that he was scheduled
to attend 25-30 hours per week and was expected to graduate in June 2017. A records
administrator at Zion, M~, completed the Certification by School Official page of
Form SSA-1372 on January 26, 2017, on which she indicated that the information Claimant
provided was correct, that the course of study at Zion lasts at least 13 weeks, and
that it operates on a yearly basis.
Zion is located in Washington. See Zion Academy of America, Contact Us, http://www.zionacademy.com/contact-us (last visited March 30, 2017). Zion describes itself as an “independent Christian
education ministry” that is “an accredited, distance learning program for home-based
students.” Zion Academy of America, Who We Are, http://www.zionacademy.com/homeschool-program-information (last visited March 30, 2017). Zion provides “a customized full-time program and
school administrative services” working to “achieve the best homeschool education
possible.” See Zion Academy of America, What We Offer, http://www.zionacademy.com/what-we-offer (last visited March 30, 2017). Zion’s website states that it is not church affiliated
and not public education affiliated. See id. Zion’s website also states that it is not a campus-based school, but is “an internet-based
school for students to study at home,” and it is not an online course provider, but
provides “print-based curriculum in unit study format.” See id. In addition, Zion’s website indicates that it or the service it provides is commonly
called a distance learning school, correspondence school, umbrella school, Christian
school, private school, cover school, K-12 school, and internet school. See id. Zion’s “distant learning school is a full-time or part-time program” that customizes
assignments and develops scheduled lesson plans for each student. See Zion Academy of America, K-12 Program, http://www.zionacademy.com/total-care (last visited March 30, 2017). Zion’s website suggests that daily assignments generally
take 2 to 3 hours to complete with upper level students possibly needing more time.
See id.
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 18 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 00205.001A. 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 Washington Law
Because Zion is located in the State of Washington, we look to Washington law to determine
whether Zion is a school that provides elementary or secondary education. Under Washington
law, a student may obtain secondary education by attending public school, “an approved
private school,” or through home-based instruction. See Wash. Rev. Code Ann. § 28A.225.010(1) (West 2017).[2] Washington has an approval process for providers of online public education, seeWash. Rev. Code Ann. § 28A.250.020, and the Washington Superintendent of Public Instruction
maintains a website of approved online school programs and course providers. See Wash. Rev. Code § 28A.250.030(1); Approved Providers List, Office of Superintendent
of Public Instruction, http://digitallearning.k12.wa.us/approval/providers/ (last visited March 30, 2017). Zion is not on this approved providers list. Moreover,
Zion’s website states that it is not public education affiliated and is not an online
course provider. See Zion Academy of America, What We Offer, http://www.zionacademy.com/what-we-offer (last visited March 30, 2017). Thus, Zion does not meet the requirements of a public
online education provider under Washington law.
Washington law requires private schools to be “approved” by the Washington Superintendent
of Public Instruction. Wash. Rev. Code Ann. § 28A.195.010. Washington approves private
schools based on their compliance with minimum requirements, including length of the
school year and day; teacher certification; and curriculum, among other requirements.
See Wash. Rev. Code Ann. §§ 28A.195.010; 28A.225.010(1)(a); 28A.305.130(5). The Superintendent
of Public Instruction publishes a list of approved private schools in Washington.
See Private Schools, Office of Superintendent of Public Instruction, http://www.k12.wa.us/PrivateEd/PrivateSchools/pubdocs/ApprovedPrivateSchoolsList.xlsx (last visited March 30, 2017). Zion is not on this list and we have no other evidence
that Zion meets the minimum requirements to be a private school under Washington law.
Therefore, Zion is not an educational institution under Washington law.
Home Schooling under Tennessee Law
Because Zion does not meet the requirements to be an educational institution under
Washington law, we look to see if Claimant is instructed in elementary or secondary
education at home in accordance with the home school law of Tennessee, where Claimant
resides. See 20 C.F.R. § 404.367(a)(1); POMS RS 00205.275.B. Claimant indicated that Zion is a private school, but Zion’s website indicates
that it provides a means of home schooling. See Zion Academy of America, What We Offer, http://www.zionacademy.com/what-we-offer (last visited April 6, 2017). Under Tennessee law, a “home school” is a school conducted
or directed by a parent or parents or a legal guardian or guardians for their own
children. See Tenn. Code. Ann. §§ 49-6-3001(c)(3)(A)(ii), 49-6-3050(a) (West 2017).[3] A parent-teacher conducting a home school must comply with extensive requirements.
See Tenn. Code. Ann. § 49-6-3050(b). These requirements include providing notice of intent
to conduct a home school, the curriculum to be offered, and the qualifications of
the parent-teacher; maintaining attendance records; instruction for at least 4 hours
per day for the same number of instructional days as required for public schools;
standardized testing; and proof of vaccinations. See id.
The information provided does not indicate that Claimant’s instruction through Zion
meets any of the requirements for a home school under Tennessee law. Claimant may
be instructed for 4 hours per day – he reported and M~ confirmed that he attended
25-30 hours of school per week, which would result in at least 5 hours of instruction
per weekday – but nothing indicates that his instruction at home met the other requirements
of a home school. See id.
Tennessee also recognizes two hybrids of home schools and church-related schools (CRS).
See Tenn. Code. Ann. § 49-6-3050(a)(2), (a)(3). 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). A CRS is a school operated by denominational,
parochial, or other bona fide church organizations that is required to meet the standards
of accreditation or membership of 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,
the Tennessee Alliance of Church Related Schools, or a school affiliated with Accelerated
Christian Education, Inc. See id. § 49-50-801(a). Although Zion’s website states that it is accredited by the National
Association of Private Schools, Zion does not purport to be accredited by one of the
listed entities required for recognition as a CRS under Tennessee law. See Zion Academy of America, Accreditation, http://www.zionacademy.com/accreditation (last visited March 31, 2017); Tenn. Code Ann. § 49-50-801(a). Additionally, Zion’s
website states that it is not church affiliated. See Zion Academy of America, What We Offer, http://www.zionacademy.com/what-we-offer (last visited March 30, 2017). As such, Zion cannot qualify as a CRS and, therefore,
Claimant’s instruction through Zion does not meet the requirements of a home school
affiliated with a CRS or a CRS operating at home. See Tenn. Code. Ann. § 49-6-3050(a)(2), (a)(3). Thus, the information provided does not
establish that Claimant is instructed in a home study program under Tennessee law.
Additionally, Claimant’s studies through Zion do 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 Zion. In fact, Zion’s website states that it is not public education affiliated.
See Zion Academy of America, What We Offer, http://www.zionacademy.com/what-we-offer (last visited March 30, 2017). Accordingly, Claimant’s study through Zion does not
satisfy the independent study requirements.
Finally, you have also asked whether Claimant is in FTA. A claimant attending an on-line
school is in FTA if he or she is attending an on-line school 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 FTA. See POMS RS 00205.295.B. Similarly, 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. Because Claimant’s study through Zion does not qualify as an educational institution
under Washington law or a homeschool or hybrid CRS program under Tennessee law, and
it is not an independent study program, 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 00205.395.B; POMS RS 00205.300.A.
CONCLUSION
Because Zion does not meet the requirements for an educational institution under Washington
law and Claimant is not instructed at home in accordance with Tennessee law, Claimant
does not meet the requirements for CIB as a full-time secondary school student.
Sincerely,
M~
Regional Chief Counsel
By: C~
Assistant Regional Counsel