TN 44 (11-20)

PR 08005.025 Michigan

A. PR 20-095 Homeschool Student at Lighthouse Christian Academy

Date: November 3, 2020

1. Syllabus

Michigan law prescribes two requirements for homeschools: (1) the child must be taught by his or her parent or legal guardian; and (2) the homeschool must provide “an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing, and English grammar.”

In this case, the claimant has not submitted sufficient evidence for the Agency to determine whether her homeschool meets Michigan's requirements for homeschools or that she satisfies the Federal standards for full-time attendance.

2. Question

You initially asked us to evaluate whether Lighthouse Christian Academy (LCA) located in Tennessee is an educational institution for purposes of determining whether claimant L~ (Claimant) is entitled to student benefits. However, our research revealed that LCA is not an online school, but rather an online institution that primarily provides distance-learning services to assist homeschooled students. Based on this information and the fact that Claimant indicated she was being homeschooled, the issue was revised to whether Claimant is eligible for student benefits as a homeschooled student.

3. Short Answer

Under recent precedent POMS PR 08005.025 (PR 20-080) (August 18, 2020), a homeschooled child age 18 or older in Michigan may be eligible for student benefits if the homeschool he or she attends meets the requirements for homeschools under Michigan law. For the reasons discussed below, we conclude that Claimant has provided insufficient information to determine whether her homeschool meets Michigan state law requirements for homeschools. We are also unable to determine whether Claimant meets the requirements for full-time attendance. We recommend further development of these two issues.

4. Background

Claimant is seeking child’s insurance benefits based on her status as a full-time student. In December 2019, Claimant submitted a Form SSA-1372-BK (Student’s Statement Regarding School Attendance) in which she alleged that she was attending a homeschool,and that the school she attended was LCA located in Hendersonville, Tennessee. Claimant stated that her current school year began on August 15, 2019, and that she expected to graduate in June 2021. She asserted that she was currently in full-time attendance, and was scheduled to attend school 36 hours per week. The Certification By School Official portion of the Form SSA-1372-BK was completed by D~, who listed her title as “Academic Advisor” at LCA.

According to information provided on LCA’s website and in the LCA Student Handbook, it is not a school. See generally Lighthouse Christian Academy, https://www.lcaed.com/ (last visited Oct. 28, 2020); Accelerated Christian Education Ministries (ACEM), LCA Student Handbook, https://www.lcaed.com/media/pageimg/LCA_Handbook2017.pdf. Importantly, LCA does not have any teachers or hold any classes. Rather, it primarily provides distance-learning services in the form of a self-instructional curriculum and assistance to families who homeschool their children.[1] LCA, About Us, https://www.lcaed.com/about (last visited Oct. 28, 2020) . The website states that “[a] full-service program such as Lighthouse Christian Academy (LCA) validates the education you provide your student. LCA acts as a third party evaluating and producing each student’s records, projected course of study, and official transcript.” LCA, Frequently Asked Questions , https://www.lcaed.com/faq (last visited October 22, 2020).

LCA’s academic advisors supervise the educational process. See About Us, supra. In particular, they provide counseling on all academic matters related to the LCA educational program and are available to answer any concerns or difficulties the parent or student may be experiencing. ACEM, supra, at 18. Claimant also submitted a letter dated February 6, 2020, from P~, director of LCA. P~ stated that LCA’s academic advisors “assist the parents in planning and customizing courses of study for each student.”

LCA has different course requirements based on four different tracks—Honors, College Preparatory, General Diploma, and Vocational. LCA, Courses of Study,https://www.lcaed.com/courses-of-study (last visited October 22, 2020). The required courses for each track are provided on LCA’s website and in the LCA Student Handbook. See id.; ACEM, supra, at 20-26. Although the number of credits differ, each track requires courses in math, English, social studies, science, Bible, and non-core classes. See Courses of Study, supra (providing links to course requirements for each track); ACEM, supra, at 20-21. LCA notes that the College Preparatory Track is recommended for most students. See Course of Study, supra. Students earn an accredited[2] diploma after completing an assigned course of study. See About Us, supra.

5. Discussion

a. Federal Law and Policy

The Social Security Act provides for the payment of child’s insurance benefits to certain children of individuals who are entitled to old-age or disability benefits. See 42 U.S.C. § 402(d)(1); see also 20 C.F.R. § 404.350. As relevant here, a child can obtain student benefits if he or she is at least 18 years old but under age 19 and a full-time elementary or secondary school student. See 42 U.S.C. § 402(d)(1)(B); see also 20 C.F.R. §§ 404.350(a)(5), 404.367; POMS RS 00205.001.

The Act defines “full-time elementary or secondary school student” as an individual who is in full-time attendance at an elementary or secondary school. See 42 U.S.C. § 402(d)(7); see also 20 C.F.R. § 404.367. This definition can be broken down into two elements—“elementary or secondary school” and “full-time attendance.”

First, the individual must attend a school that provides elementary or secondary education “as determined under the law of the State or other jurisdiction in which it is located.” 42 U.S.C. § 402(d)(7)(C)(i); see also 20 C.F.R. § 404.367(a). The POMS refers to such a school as an “educational institution.” See POMS RS 00205.200(A). Specifically with respect to homeschools, the individual must be “instructed in elementary or secondary education at home in accordance with a home school law of the State or other jurisdiction” in which he or she resides. 20 C.F.R. § 404.367(a)(1). The POMS explains this to mean that:

  • The law of the State in which the homeschool is located recognizes a homeschool as an educational institution; and

  • The homeschool the student attends meets the requirements of the State law where he or she resides.

POMS RS 00205.275B. The POMS states that the child’s homeschool instructor must submit evidence that State requirements for homeschooling are met. See POMS RS 00205.275(C).

Second, the homeschooled student must also satisfy the Federal standards for full-time attendance (FTA). See POMS RS 00205.275(B). To meet the Federal standards, the individual must be enrolled in a noncorrespondence course of at least 13 weeks’ duration and be scheduled for attendance at the rate of at least 20 hours per week (with certain exceptions). See 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300(C). The POMS specifies that the homeschool instructor is the certifying school official on Form SSA-1372-BK for FTA purposes. See POMS RS 00205.275(C).

b. Claimant Has Not Submitted Sufficient Information to Determine Whether the Homeschool She Attends Satisfies Michigan State Law Requirements

Under recent precedent, OGC determined that a homeschooled child age 18 or older in Michigan may be eligible for student benefits if the homeschool he or she attends meets the requirements for homeschools under Michigan law. See POMS PR 08005.025 (PR 20-080) (Aug. 18, 2020) . Importantly, OGC found that Michigan law recognizes a homeschool as an educational institution. See id. In addition, Michigan law sets out requirements for homeschools, and those legal requirements apply to students age 18 and older. See id.

As noted in PR 08005.025 (PR 20-080), Michigan law prescribes two requirements for homeschools: (1) the child must be taught by his or her parent or legal guardian; and (2) the homeschool must provide “an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing, and English grammar.” Mich. Comp. Laws § 380.1561(3)(f); see also Mich. Dep’t of Ed., Exemption (f) Home School, https://www.michigan.gov/mde/0,4615,7-140-81351_81352_35175-307002--,00.html (last visited October 22, 2020). Specifically, in its publication “Home Schooling in Michigan,” the Michigan Department of Education (MDE) explains that:

Teacher Requirement

A parent or legal guardian who home schools his or her child is not required to hold a valid Michigan teaching certificate, permit, or occupational authorization.

Course of Study

Instruction must include mathematics, reading, English, science, and social studies in all grades; and the Constitution of the United States, the Constitution of Michigan, and the history and present form of civil government of the United States, the State of Michigan, and the political subdivisions and municipalities of the State of Michigan in grades 10, 11, and 12.[3]

See MDE, Home Schooling in Michigan at 1-2 https://www.michigan.gov/documents/home_schools_122555_7.pdf (emphases added).

In this case, Claimant has not submitted sufficient evidence for the Agency to determine whether her homeschool meets Michigan’s requirements for homeschools. For example, the evidence submitted by Claimant does not identify her homeschool teacher. As noted above, the student’s homeschool instructor must complete the Certification By School Official portion of the Form SSA-1372-BK. See POMS RS 00205.275(C). Here, however, the Form SSA-1372-BK was certified by an academic advisor at LCA. Thus, Claimant has not established that she is being taught by her parent or legal guardian, as required by Mich. Comp. Laws § 380.1561(3)(f).

Moreover, Claimant has not shown that her homeschool meets Michigan’s curricular requirements for homeschools. Claimant’s current Form SSA-1372-BK indicating that she is attending LCA provides some evidence of her course of study. That is, students enrolled at LCA earn an accredited diploma after completing an assigned course of study from one of four tracks—Honors, College Preparatory, General Diploma, and Vocational. See About Us, supra ; Courses of Study, supra . Although the number of credits differ, each track requires courses in math, English, social studies, science, Bible, and non-core classes. See Courses of Study, supra (providing links to course requirements for each track); ACEM, supra , at 20-21. But even if this evidence were sufficient to show that Claimant’s homeschool is providing instruction in mathematics, reading, English, science,and social studies, it falls short of establishing that the homeschool is providing instruction in the Constitution of the United States; the Constitution of Michigan; and the history and present form of civil government of the United States, the State of Michigan, and the political subdivisions and municipalities of the State of Michigan. See Home Schooling in Michigan, supra , at 1-2.

Pursuant to POMS RS 08005.275(F) (step 3), we recommend that the Agency request the appropriate documentation regarding the State requirements. Specifically, if Claimant submits a new Form SSA-1372-BK with certification by a parent or guardian as the homeschool instructor, she will satisfy the teacher requirement. Claimant’s homeschool instructor also must submit additional evidence that Michigan’s curricular requirements for homeschools are met, such as a list of the courses being taught. See POMS RS 00295.275(C).

c. Claimant Has Not Submitted Sufficient Evidence That She Meets the Full-Time Attendance Requirement

Claimant also has not submitted sufficient evidence that she satisfies the Federal standards for FTA. See POMS RS 00205.275(B). As stated above, the Federal standards require the student to be enrolled in a noncorrespondence course of at least 13 weeks’ duration and to be scheduled for attendance at the rate of at least 20 hours per week (with certain exceptions). See 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300(C). The POMS specifies that the homeschool instructor is the certifying school official on Form SSA-1372-BK for FTA purposes. See POMS RS 00205.275(C).

Here, an academic advisor at LCA completed and signed the Certification By School Official portion of the Form SSA-1372-BK. But the academic advisor, who does not instruct Claimant, was not the proper certifying party. As such, pursuant to POMS RS 08005.275(F) (step 3), the Agency should request that Claimant submit a new Form SSA-1372-BK that is properly certified by her homeschool instructor, addressing whether the school’s course of study is at least 13 weeks in duration and whether Claimant is scheduled to attend at least 20 hours per week.

6. Conclusion

For the foregoing reasons, we believe that Claimant has provided insufficient information to determine whether she is eligible for student benefits as a homeschooled child in Michigan. We recommend that the Agency further develop this claim by requesting that Claimant submit a new Form SSA-1372-BK that is certified by her homeschool instructor and that her homeschool instructor provide a list of Claimant’s current courses.

B. PR 20-080 Review of Michigan Home School Law With Respect to Students Age of 18 or Older

Date: August 18, 2020

This opinion supersedes PR 18-020 dated November 21, 2017.

1. Syllabus

Under Michigan law, the Social Security Administration may consider a home schooled child age 18 or older to be a student for the purposes of determining entitlement to benefits if the home school he or she attends meets the requirements for home schools under Michigan law.

PR 18-020 no longer applies and should not be followed.

2. Question Presented

You asked whether Michigan State law considers a home schooled child age 18 or older a student for purposes of determining entitlement to student benefits under title II of the Social Security Act (Act). We believe that under Michigan law, the Social Security Administration (SSA) may consider a home schooled child age 18 or older to be a student for purposes of determining entitlement to benefits if the home school he or she attends meets the requirements for home schools under Michigan law. [4] The Act provides that student benefits are only available until a student attains the age of 19. This opinion supersedes POMS PR 08005.025 (PR 18-020).

3. Background

SSA last updated the POMS section containing precedents for home schooling in Michigan on November 21, 2017. See POMS PR 08005.025. However, you have asked us to review Michigan law with respect to home schooled students age of 18 and older, and consider whether such children would be considered students for purposes of determining entitlement to student benefits, and to provide an updated legal opinion if necessary.

4. Discussion

I. Federal Law and Policy

The Act provides for the payment of child’s insurance benefits to certain children of individuals who are entitled to old-age or disability benefits. See 42 U.S.C. § 402(d)(1); see also 20 C.F.R. § 404.350. As relevant here, a child can obtain student benefits if he or she is at least 18 years old but under age 19 and a full-time elementary or secondary school student. See 42 U.S.C. § 402(d)(1)(B); see also 20 C.F.R. §§ 404.350(a)(5), 404.367; POMS RS 00205.001.

The Act defines “full-time elementary or secondary school student” as an individual who is in full-time attendance at an elementary or secondary school. See 42 U.S.C. § 402(d)(7); see also 20 C.F.R. § 404.367. This definition can be broken down into two elements—“elementary or secondary school” and “full-time attendance.”

First, the individual must attend a school that provides elementary or secondary education “as determined under the law of the State or other jurisdiction in which it is located.” 42 U.S.C. § 402(d)(7)(C)(i); see also 20 C.F.R. § 404.367(a). The POMS refers to such a school as an “educational institution.” See POMS RS 00205.200A. Specifically with respect to home schools, the individual must be “instructed in elementary or secondary education at home in accordance with a home school law of the State or other jurisdiction” in which he or she resides. 20 C.F.R. § 404.367(a)(1). The POMS explains this to mean that:

  • The law of the State in which the home school is located recognizes a home school as an educational institution; and

  • The home school the student attends meets the requirements of the State law where he or she resides.

POMS RS 00205.275B.

Second, the home schooled student must also satisfy the Federal standards for “full-time attendance.” See POMS RS 00205.275B. To meet the Federal standards, the individual must be enrolled in a noncorrespondence course of at least 13 weeks’ duration and be scheduled for attendance at the rate of at least 20 hours per week (with certain exceptions). See 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300C.[5]

II. Michigan Law

A. Michigan recognizes home school as an educational institution.

It is first necessary to examine whether Michigan law recognizes a home school as an educational institution. POMS RS 00205.275B. We believe that it does. First, the Michigan statute recognizes home schooling as an exception to the State’s compulsory public school attendance requirement. Specifically, a child who turns 11 years old on or after December 1, 2009, or was 11 before that date and entered 6th grade in 2009 or later, is required to attend a public school from age 6 until his or her 18th birthday.[6] See Mich. Comp. Laws § 380.1561(1). However, a child is not required to attend a public school if:

The child is being educated at the child’s home by his or her parent or legal guardian in an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing, and English grammar.[7]

Mich. Comp. Laws § 380.1561(3)(f).

Second, the Michigan Department of Education (MDE) recognizes home schools in the State, as shown by the fact that the MDE has a Nonpublic and Home School Office, as well as a webpage that provides information regarding home schools in Michigan. See MDE, Nonpublic & Home Schools, https://www.michigan.gov/mde/0,4615,7-140-81351_81352_35175---,00.html (last visited June 5, 2020). In particular, the MDE has issued a publication called “Home Schooling in Michigan,” which states that Michigan parents have the right to home school their children. See MDE, Home Schooling in Michigan at 1, https://www.michigan.gov/documents/home_schools_122555_7.pdf. It also indicates that Michigan recognizes the existence of home schools “through grade 12.” See id. at 1 (“If home schooling continues through grade 12, the parent issues a high school diploma to the graduate.”), 2 (setting out course requirements through grade 12).

B. Michigan applies home school requirements to students age 18 and older.

Next, we must consider whether Michigan law sets out requirements for home schools, and whether those requirements apply to students age 18 and older. As discussed below, we believe that Michigan law does impose requirements on home schools, and that the state continues to apply its legal requirements to home schooled children age 18 and older.

1. Home School Requirements

For a home school that operates under exemption (3)(f) of Mich. Comp. Laws § 380.1561, there appear to be only two requirements: (1) the child must be taught by his or her parent or legal guardian; and (2) the home school must provide “an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing, and English grammar.” Mich. Comp. Laws § 380.1561(3)(f); see also MDE, Exemption (f) Home School, https://www.michigan.gov/mde/0,4615,7-140-81351_81352_35175-307002--,00.html (last visited June 5, 2020). Significantly, the MDE has indicated that the requirements in the compulsory attendance statute apply generally to all home schools in Michigan (i.e., through grade 12). In “Home Schooling in Michigan,” the MDE explains that:

Teacher Requirement

A parent or legal guardian who home schools his or her child is not required to hold a valid Michigan teaching certificate, permit, or occupational authorization.

Course of Study

Instruction must include mathematics, reading, English, science, and social studies in all grades; and the Constitution of the United States, the Constitution of Michigan, and the history and present form of civil government of the United States, the State of Michigan, and the political subdivisions and municipalities of the State of Michigan in grades 10, 11, and 12.[8]

Home Schooling in Michigan, supra, at 1-2 (emphases added).

The annual reporting of a home school to the MDE is voluntary, and intermediate and local school districts are responsible for interpreting and enforcing the compulsory school attendance law. SeeExemption (f) Home School, supra. A parent is not required to inform his or her local school district of the decision to home school; however, notification is suggested to avoid involvement of a truancy officer. SeeHome Schooling in Michigan, supra, at 1. Notification may constitute a phone call or written note to the district. See id. There are no required tests for home schooled students, but they may participate in testing at their local high school. Seeid. at 2.

Michigan law is silent as to the status of children age 18 and older; however, there is no indication that the above requirements would vary based on the age of the child. Rather, Michigan law contemplates the existence of home schools through grade 12, without specifying a maximum age. In some cases, a child’s attendance in grade 12 may continue past his or her 18th birthday. Based on this information, we conclude that Michigan’s requirements for home schools apply to children age 18 and older.

The conclusion that Michigan extends recognition of home schools to children age 18 and older is consistent with the parallel recognition of attendance by public school students. That is, a student is permitted to attend a public high school up to age 20, and Michigan continues to apply its legal requirements to such students, despite the maximum compulsory attendance age of 18. See Mich. Comp. Laws § 388.1606(4)(l).[9] The availability of public school education beyond the compulsory age suggests that the compulsory age is intended as a minimum requirement rather than a prohibition for children above that age to continue schooling.

III. Analysis

Therefore, assuming the other requirements of the statute are met, we believe that a student age 18 or older in Michigan who is attending a home school may be eligible for student benefits if that home school meets the State law requirements, as discussed above. A student attending a home school must demonstrate instruction by a parent or guardian in the required course of study.

5. Conclusion

For the foregoing reasons, we believe that a home schooled child age 18 or older in Michigan may be eligible for student benefits if the home school he or she attends meets the requirements for either home schools or nonpublic schools under Michigan law. The Act provides that student benefits are only available until a student attains the age of 19. We also note that POMS PR 08005.025 (PR 18-020) no longer applies and should not be followed.

 

C. PR 18-020 Michigan Home School Opinion and is Home Schooling in Michigan an Educational Institution

Date: November 21, 2017

PR 20-080 dated August 18, 2020, supersedes this opinion.

1. Syllabus

Home schools in Michigan are not educational institutions for students older than age eighteen, because they are not recognized as schools apart from the compulsory attendance ages and because there are no regulatory requirements that apply to students after age eighteen.

THIS OPINION SUPERCEDES OPINION B. PR 03-043.

2. Opinion

QUESTION PRESENTED

You asked for an updated opinion on home schooling under the laws of the State of Michigan, with regard to child’s insurance benefits for students age eighteen or older. In order to answer this question, we first considered whether home schooling is an educational institution under Michigan law.

For the reasons discussed below, we conclude that home schooling in Michigan is not an educational institution for students age eighteen or older, because home schools are not recognized as a school as to this age group and there are no home schooling requirements or regulations in state law as to this age group.

BACKGROUND

The POMS section for home schooling in Michigan was last updated on January 31, 2001. E.g., POMS PR 08005.025. Given concerns about statutory changes to home schooling in Michigan, we were asked to provide an updated legal opinion.

DISCUSSION

To qualify for student benefits, a claimant must be at least 18 years old, but under age 19, unmarried, and a full-time elementary or secondary school student at a qualifying educational institution. See 42 U.S.C. § 402(d); 20 C.F.R. §§ 404.350(a)(5), 404.367. SSA may deem a student not to have attained age 19 under certain conditions, even though they have actually attained age 19. POMS RS 00205.325(B), (C).

In order to qualify as an educational institution for the purposes of awarding student benefits, a school must provide an “elementary or secondary education . . . as determined under the law of the State or other jurisdiction in which it is located.” 42 U.S.C. § 402(d)(7)(C)(i); see also POMS RS 00205.200(A)(defining elementary or secondary education as grade 12 or below). Public schools in the United States are assumed to be educational institutions, absent evidence to the contrary, while non-public schools are not assumed to be educational institutions. POMS RS 00205.250(B). In order to be eligible for student benefits as a home school student, an individual must be “instructed in elementary or secondary education at home in accordance with a home school law of the State” in which the individual resides. 20 C.F.R. § 404.367. POMS specifies that a home school student can receive benefits if “the law of the State in which the home school is located recognizes home school as an educational institution” and “[t]he home school the student attends meets the requirements of the State law where he or she resides.” POMS RS 00205.275(B).

A claimant must also be a full-time elementary or secondary school student in order to qualify for student benefits. The Act defines “full-time elementary or secondary school student” as an individual who is in full-time attendance at an elementary or secondary school. Section 202(d)(7)(a) of the Act; see also 20 C.F.R. § 404.367. To satisfy the “full-time attendance” requirement, a home school student must meet federal standards. POMS RS 00205.275(B). To meet the federal standards, the claimant must be enrolled in a non-correspondence course of at least 13 weeks’ duration and be scheduled for attendance at the rate of at least 20 hours per week (with certain exceptions). 20 C.F.R. § 404.367(b), (c); POMS RS 00205.300(C).

Turning to Michigan law regarding home schools, Michigan requires compulsory public school attendance of all children from the age of 6 to the child’s eighteenth birthday, provided that the child turned age 11 on or after December 1, 2009, or was age 11 before that date and entered grade 6 in 2009 or later. Mich. Comp. Laws § 380.1561(1). For a child who turned age 11 before December 1, 2009 or who entered grade 6 before 2009, the child must be sent to school from the age of 6 until the child’s sixteenth birthday. Id. All prospective claimants for child’s insurance benefits as students are at least age eighteen, and thus are not subject to Michigan’s compulsory attendance law.

Michigan recognizes home schools, but only within the context of compulsory attendance. Home schools are an exception to compulsory public school attendance. A homeschooled child is exempt from compulsory attendance in two circumstances. Mich. Comp. Laws § 380.1561(3), (4). First, if “[t]he child is being educated at the child’s home by his or her parent or legal guardian in an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing, and English grammar.” Mich. Comp. Laws § 380.1561(3)(f). Second, “if the child is attending regularly and is being taught in a state approved nonpublic school, which teaches subjects comparable to those taught in the public schools to children of corresponding age and grade, as determined by the course of study for the public schools of the district within which the nonpublic school is located.” Mich. Comp. Laws § 380.1561(3)(a). This statute uses the words “child” and “children,” which further demonstrates its application solely to those who have not yet reached age eighteen.

Michigan statutes do not state that home schools exist following a child’s eighteenth birthday and do not discuss home schools in a way that suggest they are recognized and regulated after a child’s eighteenth birthday. Michigan statutes do not mention any legal requirements or standards for home schools in any context other than in the compulsory attendance statute. Mich. Comp. Laws § 380.1561. To the extent home schools are mentioned elsewhere in Michigan statutes, it is to grant home school children access to services available to public school students. For example, home school children, including those at nonpublic schools, may participate in merit examination testing or in course offerings of the Michigan virtual high school. Mich. Comp. Laws §§ 380.1279g(11), 380.1481(5) (emphasis added); Mich. Atty Gen. Op. 7107 (2002). When the statutes refer to students who are age eighteen or older, they do so in reference to public schools or school districts, or in reference to providing a postsecondary education. E.g., Mich. Comp. Laws §§ 380.552(21) ; 380.1136; 380.1139(6); 380.1278b(5), (9); 380.1311(5), (6); 388.1606(4), (4)(l); 388.1621f(1), (8); 388.1707 . Michigan does not recognize or regulate home schools with students who are age eighteen or older.

Because home schools also may qualify as “nonpublic schools,” the regulatory requirements and definition of “nonpublic schools” are also relevant to assessing the status of home schools under Michigan law. Notably, “nonpublic schools” are mentioned in reference to the compulsory attendance law and several definitions of nonpublic schools explicitly link the term to the compulsory attendance law. Mich. Comp. Laws § 380.1561(3)(a). In the Michigan Administrative Code, Rule 340.291 defines a “nonpublic school” as “a school not operated by the public school district which . . . is providing instruction in the elementary or secondary grades, or both, to pupils regularly enrolled in compliance with compulsory education laws in this state.” Accessed at http://dmbinternet.state.mi.us/DMB/ORRDocs/AdminCode/557_10529_AdminCode.pdf (last visited Nov. 16, 2017) (this rule pertains to providing auxiliary services, with emphasis added). In the Revised School Code, nonpublic schools are defined more generally as a “private, denominational, or parochial school.” Mich. Comp. Laws § 380.5(4). This section of the statute does not define “private, denominational, or parochial school.” However, the statute supervising private, denominational and parochial schools (Act 302 of 1921) defines “private, denominational or parochial schools” as “any school other than a public school giving instruction to children below the age of 16 years, in the first 8 grades as provided for the public schools of the state.” Mich. Comp. Laws § 388.552 (emphasis added). Thus, when Michigan requires private, denominational, and parochial schools to satisfy the same sanitary conditions, courses of study and teacher qualifications as public schools, by definition, private, denominational and parochial schools are only regulated where they give instruction up to age 16. Mich. Comp. Laws §§ 388.551(1), 388.552; Clonlara, Inc. v. State Bd. of Educ., 442 Mich. 230, 249-50 (1993). Thus, whether home schools are mentioned separately, or are considered under the umbrella of “nonpublic” or “private, denominational or parochial” schools, Michigan recognizes home schools only within the context of compulsory attendance, which applies only to children below the age of eighteen.

We are also persuaded by the regulatory history of 20 C.F.R. § 404.367. In 1996, the Agency expanded student benefits to children enrolled in home schooling or independent study programs authorized by State (or other jurisdiction) laws. 61 Fed. Reg. 38361-01, 38362, 1996 WL 409869 (July 24, 1996). “Many States or other jurisdictions have laws recognizing home schooling. Home schooling is an educational program in which the student is generally taught within the home by a parent/teacher.” 61 Fed. Reg. 38361. The regulation assumes that “The state or other jurisdiction specifies the requirements that must be met and the procedures that must be followed in these situations.” 61 Fed. Reg. 38361, 38362. Further, “[t]he child’s home schooling teacher must submit evidence that legal requirements for home schooling are met.” Id. Such requirements can include a certificate of intent, documentation of state-mandated tests, a list of courses being taught, and a copy of the attendance log or chart. Id. In Michigan, home schools do not have any requirements that must be met after age eighteen, including those mentioned in the Federal Register. Accordingly, Michigan does not recognize home schooling after age eighteen as providing an elementary or secondary education at home in accordance with a home school law of the State.” See 20 C.F.R. § 404.367.

Thus, we conclude that Michigan law does not recognize home schools apart from the compulsory attendance context. As a result, Michigan law does not recognize home schools as an educational institution providing elementary or secondary education after age 18. See POMS RS 00205.200. Home schools do not provide an education “as determined under the law of the State or other jurisdiction in which it is located” with respect to children who are 18 years old or older. 42 U.S.C. § 402(d)(7)(C)(i).

We note that this opinion conflicts with previous Legal Precedential Opinions at POMS PR 08005.025 and PS 08005.025. These older Legal Precedential Opinions regarding home schooling in Michigan were issued under now-obsolete statutes. For example, Michigan changed the compulsory attendance age, effective in 2010. Am. 2009, Act 204. Thus, we believe that POMS PR 08005.026 and PS 08005.026 should no longer be followed and should be removed from the precedential file.

CONCLUSION

Based on the foregoing, for students older than age eighteen, we conclude that home schools in Michigan are not educational institutions, because they are not recognized as schools apart from the compulsory attendance ages and because there are no regulatory requirements that apply to them after age eighteen.

Kathryn Caldwell

Regional Chief Counsel

Region V, Chicago

By: Ryan Shafer

Assistant Regional Counsel

D. PR 03-043 Qualifications for home schools under the laws of the six states in Region V

THIS OPINION IS OBSOLETE. See A. PR 18-020.

Date: January 31, 2001

1. Syllabus

Michigan law recognizes home schooling under its Private Denominational and Parochial Schools Act. To comply with this Act, a nonpublic school teacher must obtain:

  • A Michigan teaching certificate;

  • A substitute, full year or emergency teaching certificate; or

  • A bachelor's degree.

The State of Michigan waives the education requirements for teachers if a nonpublic school claims to object to the certification requirement on the grounds of religious beliefs; however, it may require teacher certification for home instruction not based on religious convictions.

A nonpublic school must provide a basic curriculum that includes courses in reading, mathematics and writing.

In every case, ask the home school instructor to submit evidence that the Michigan laws are being met.

2. Opinion

In Michigan, every parent, guardian or person having control and charge of a child from the age of six to the child's sixteenth birthday must send the child to a public school for the entirety of the school year. Mich. Stat. § 380.1561(1). A child is exempt from the compulsory attendance law if the child is regularly attending and being taught in a state-approved, nonpublic school which teaches subjects comparable to those taught to children of corresponding age and grade level in the public schools of the district in which the nonpublic school is located. Mich. Stat. § 380.1561(3)(a). The Michigan Department of Education (MDOE) has interpreted "comparable" curricula as instruction in mathematics, reading, English, science, social studies at all grade levels, and the Constitutions of the United States and Michigan, the history and present form of civil government of the nation and the state, and the political subdivisions and municipalities of the state in high school. www.Michigan.gov/mde - About MDE - Programs & Offices - Government Services & Customer Satisfaction - Home Schools Information - Attachment B1, Exemption (f) Home Schools. A child is also exempt from the compulsory attendance law if the child is taught at home by a parent or legal guardian in an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing and English grammar. Mich. Stat. § 380.1561(3)(f). A child being educated at home may be exempted from compulsory attendance under either subsection (a) or subsection (f) of the state's compulsory education law. Mich. Stat. § 380.1561(4).

Under subsection (3)(a), a home school may be considered a nonpublic school if it is in compliance with the Private, Denominational and Parochial Schools Act. Mich. Stat. § 388.551 et seq. In order to be in compliance with the Act, qualifying nonpublic school teachers must (1) obtain a Michigan teaching certificate (Mich. Stat. § 388.553), (2) obtain a substitute, full-year or emergency teaching permit, or (3) obtain a bachelor's degree. When a nonpublic school claims to object to the certification requirement on the grounds of sincerely held religious beliefs, however, the minimum education requirements for teachers are waived. People v. DeJonge, 442 Mich. 266, 268, 501 N.W.2d 127, 129 (1993). The state of Michigan, however, may still require teacher certification for home instruction pursuant to subsection (3)(a), which is not based on religious convictions. 442 Mich. 316, 327-28, 501 N.W.2d 106, 111-12 (1993); Mich. Stat. § 388.553. Additionally, although nonpublic schools must provide a basic curriculum, including courses in reading, mathematics and writing, the instruction is not required to be identical to that of a public school. Snyder v. Charlotte Public School Dist., 421 Mich. 517, 540, 365 N.W.2d 151, 162 (1984). In Clonlara, Inc. v. State Board of Education, 442 Mich. 230, 242, 501 N.W.2d 88, 94 (1993), the Michigan Supreme Court found that the Nonpublic School Act did not require such a school to be in session for the 180 days required of public schools, as required by Mich. Adm. Code § R 340.10(4).

If a child is exempted from the compulsory education law under the home school provision, subsection (3)(f), the following conditions apply as listed on the MDOE website: (1) the home school is not a nonpublic school; (2) the Michigan Department of Education has no role with the home school family; (3) the home school does not report to the Department of Education; (4) the intermediate and local school district is responsible for interpreting and enforcing the compulsory attendance law; (5) there are no minimum qualifications for teachers except that they must be the parents or legal guardians of the children; (6) the home school family must provide an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing and English grammar. www.mde.state.mi.us - Parents, Home Schools, "Information on Nonpublic and Home Schools", Attachment B1.

CONCLUSION

These are the current requirements for home schooling in each of the six states in our region.


Footnotes:

[1]

 

LCA also offers a “dual enrollment” program for students who attend private campus-based schools, that is not at issue here. About Us, supra.

[2]

 

LCA diplomas are accredited through three accreditation agencies: Middle States Association Commissions on Elementary and Secondary Schools, National Council for Private School Accreditation, and Accreditation International. LCA, Accreditation, https://www.lcaed.com/accreditation (last visited Oct. 29, 2020).

[3]

 

The MDE does not require homeschools to demonstrate that students are completing the required course of study. However, the MDE refers to intermediate and local school districts to “interpret and enforce the Compulsory School Attendance Law.” Exemption (f) Home School, supra.

[4]

Michigan law provides that a child is exempt from attending public school if he or she demonstrates that he or she is educated at home by his parent or legal guardian in either: (1) a State-approved nonpublic school; (2) a traditional home school; or (3) both. For purposes of this opinion, we address the requirements of a traditional home school. Please refer to POMS PR 07905.025 for analysis of the requirements for a student to demonstrate that his or her home school qualifies as a State-approved nonpublic school.

[5]

In order to satisfy this requirement, the home schooled student must submit Form SSA-1372 indicating that he or she meets the Federal standards for full-time attendance. The home schooling instructor is the certifying official for full-time attendance on Form SSA-1372. See POMS RS 00205.275C. For purposes of this opinion, we do not further analyze this element, because it will depend on the facts of each individual claimant’s case.

[6]

In 2010, Michigan amended its law governing compulsory public school attendance to increase the compulsory attendance age from 16 to 18. See Mich. Comp. Laws § 380.1561; Michigan Dept. of Ed., Nonpublic and Home School Information 2019-2020 at 4, https://www.michigan.gov/documents/mde/updated_18-19_NPS-HS_Info_doc_630631_7.pdf.

[7]

As noted above, a child may also be exempt from attending public school if he or she demonstrates that his or her home school is operating as a State-approved nonpublic school. See Mich. Comp. Laws § 380.1561(4). If a child alleges that his or her home school is a State-approved nonpublic school, please refer to POMS PR 07905.025 for analysis of Michigan’s statutory requirements.

[8]

The MDE does not require home schools to demonstrate that students are completing the required course of study. However, the MDE refers to intermediate and local school districts to “interpret and enforce the Compulsory School Attendance Law.” Exemption (f) Home School, supra .

[9]

While Michigan law identifies an upper age limit of 20 at which an individual may be considered a student, the Act provides that student benefits are only available until a student attains the age of 19.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1508005025
PR 08005.025 - Michigan - 11/19/2020
Batch run: 11/19/2020
Rev:11/19/2020