October 8, 2009

Ms. Johnson

Social Security Administration

2120 W. Briargate Dr.

Bryan, TX 77802

Re: Claim Number 460-06-2596

Ms. Johnson:

...

I am responding to a letter sent to Ms. C____ P____ for her son C________ K_____, in which she was informed that C__________ is no longer entitled to Social Security benefits because “he is 18 years old, not disabled and not a full-time elementary or secondary level school student.” As Mrs. P_______ is a member of the Texas Home School Coalition Association, I can assure you that C________ is a full-time student who is being taught at home and is in full compliance with the laws of the state of Texas regarding attendance and academic subjects, including a study of good citizenship.

As to your request for “a copy of the certificate of intent, documentation of state mandated tests being taken and education level of the teacher,” the state of Texas considers home schools private schools and does not does not regulate, monitor, or oversee private schools. Therefore it requires neither the registration of home school families nor a certificate of intent to homeschool. In addition, the state mandates no testing for private and home school students nor does it require certification of private school teachers.

According to 20 CFR §404.367, a full-time elementary or secondary school student is defined as meeting the following conditions:

“(a) You attend a school which provides elementary or secondary education as determined under the law of the State or other jurisdiction in which it is located. Participation in the following programs also meets the requirements of this paragraph:

“(1) You are instructed in elementary or secondary education at home in accordance with a home school law of the State or other jurisdiction in which you reside; or

“(2) You are in an independent study elementary or secondary education program in accordance with the law of the State or other jurisdiction in which you reside which is administered by the local school or school district/jurisdiction.

“(b) You are in full-time attendance in a day or evening non-correspondence course of at least 13 weeks duration and you are carrying a subject load which is considered full-time for day students under the institution's standards and

practices. If you are in a home schooling program as described in paragraph (a)(1) of this load which is considered full-time for day students under standards and practices set by the State or other jurisdiction in which you reside;

“(c) To be considered in full-time attendance, your scheduled attendance must be at the rate of at least 20 hours per week unless one of the exceptions in paragraphs (c) (1) and (2) of this section applies. If you are in an independent study program as described in paragraph (a)(2) of this section, your number of hours spent in school attendance are determined by combining the number of hours of attendance at a school facility with the agreed upon number of hours spent in independent study. You may still be considered in full-time attendance if your scheduled rate of attendance is below 20 hours per week if we find that:

“(1) The school attended does not schedule at least 20 hours per week and going to that particular school is your only reasonable alternative; or

“(2) Your medical condition prevents you from having scheduled attendance of at least 20 hours per week. To prove that your medical condition prevents you from scheduling 20 hours per week, we may request that you provide appropriate medical evidence or a statement from the school.

“(d) You are not being paid while attending the school by an employer who has requested or required that you attend the school;

“(f) You are not subject to the provisions in §404.468 for nonpayment of benefits to certain prisoners and certain other inmates of publicly funded institutions.

“[48 FR 21928, May 16, 1983, as amended at 48 FR 55452, Dec. 13, 1983; 56 FR 35999, July 30, 1991; 61 FR 38363, July 24, 1996]”

C_________ is pursuing civics, government and economics, American literature, English IV, pre-calculus, and physics and is spending more than twenty hours a week in said pursuit; he is projected to graduate June 1, 2010. He meets the criteria set out above in every respect for a full-time home school student under Texas law, and Mrs. P____ has requested in writing an appeal by signing Form SSA-561-U2, “Request for Reconsideration.” Should you have any questions regarding these facts, I would be happy to visit with you personally.

cc: Ms. C_____ P____; U.S. Senator Kay Bailey Hutchison; U.S. Senator John Cornyn; U.S. Congressman Chet Edwards; Texas home schoolers