TN 18 (10-06)

A. Definition

Home schooling is a private educational program in which the student is taught within the home by a parent/teacher. It is a program of study completely by choice. (This differs from a homebound program, which is discussed in RS 00205.335.)

B. Policy - general

Student benefits are payable if:

• The student meets the Federal standards for full-time attendance (FTA) (RS 00205.300C);

• The law of the State in which the home school is located recognizes home school as an educational institution (EI);

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

• The student meets all the other requirements for benefits.

IMPORTANT: Some States only require parent reporting/monitoring until the student attains the State’s compulsory education age, which is age 16 in many States; however, a home school must comply with State law for the child to be entitled as a student even if he/she is beyond the State’s compulsory education age.

See GN 01010.810 through GN 01010.815 for instructions about requesting, using, and documenting legal precedent opinions (LPO), and see GN 01010.815 for instructions about when to request a new LPO. See PR 07905.000 for LPOs about educational institutions, and see PR 08005.000 for LPOs about home schooling.

C. Policy - home school parent/teacher responsibilities

The child's home school instructor must submit evidence that State requirements for home schooling are met. Depending on the State requirements, this evidence may include:

• A copy of the certificate of intent;

• Documentation that State-mandated tests were taken;

• The education level of the home school teacher;

• A list of the courses being taught; or

• A copy of the attendance log or chart.

The home schooling instructor is the certifying school official for FTA purposes on Form SSA-1372, Student's Statement Regarding School Attendance.

NOTE: If the student's courses are from a correspondence school, the home school teacher must instruct the student using the course material. See RS 00205.330 for the treatment of correspondence courses without home school teacher involvement.

1. Examples of individuals who meet requirements of state law

a. Example 1

Jessica is home schooled. A home correspondence school based in another State furnishes her curriculum.

Jessica's mother teaches her at home 25 hours per week and administers tests that are forwarded to the school for grading. State law (where Jessica's home is located) requires:

• The parent to file a certificate of enrollment with the local school board;

• The parent to teach specific courses; and

• Attendance of 20 hours per week for the duration of the regular public school term.

Jessica's mother submitted a copy of the certificate of enrollment signed by the local school official and a list of the courses being taught, and she certified Jessica's attendance as 25 hours per week. Since Jessica's home schooling meets all State requirements, she may be entitled as a student as long as all other factors of entitlement are met.

b. Example 2

Jamie lives in a State that requires the parent to:

• File an annual certificate of intent to home school;

• Teach specific subjects; and

• Instruct for 20 hours per week.

The State also requires the child to be tested annually by the State.

Jamie's home schooling instructor submits a copy of the certificate of intent and State-mandated tests, a list of the courses being taught, and a copy of the attendance log or chart. Since Jamie's home school meets all State requirements, he can be entitled as a student as long as all other factors of entitlement are met.

2. Example of an individual who does not meet State law requirements

Ryan's mother teaches him at home and he lives in the same State as Jessica and takes courses from the same home correspondence school. As proof, his mother certified that his attendance is 25 hours per week and presented a list showing that the required courses were being taught; however, Ryan's mother has not filed a certificate of enrollment with the local school board as required by State law.

Until Ryan's mother files the certificate of enrollment, Ryan does not meet the requirements for student benefits. If Ryan's mother files the certificate, he can be entitled when the home school is in compliance with State law and all student requirements are met.

D. Procedure - age 18 conversion cases

If the child attains age 18 before the home school determination is made, terminate benefits and explain to the claimant that:

• Benefits cannot be paid before a home school determination is made;

• A notice will be sent but it will not include the home school decision; and

• A separate notice will be sent when the home school decision is completed.

NOTE: Either the FO or the PC, whichever makes the home school decision, should send this notice.

E. Procedure - initial or re-entitlement claims

In initial or re-entitlement claims, explain to the claimant that:

• Benefits cannot be paid until a home school decision is made; and

• A notice will be sent when the home school decision is completed.

F. Procedure - documenting the home school decision

Develop and document State and Federal requirements as follows:

NOTE: If there are questions about any aspects of the claim, contact your regional office or PC Operations Analysis staff.