December 13, 2002
Volume 2002 - Issue 56

 

Eligibility of Home-Schooled Students

    The Department of Education recently released Dear Partner/Colleague Letter GEN-02-11 clarifying Title IV eligibility for home-schooled students who are admitted as regular students to an institution.

    DCL GEN-02-11 addresses a potential problem because of the differences in the statutory provisions that define "eligible institutions" and "eligible students".

    Section 484(d)(3) of the Higher Education Act of 1965, as amended (HEA), considers a student eligible to receive Title IV, HEA program assistance if the student "completes a secondary school education in a home school setting that is treated as a home school or private school under State law."  Section 484(d)(3) imposes no age limitation on the eligibility of home-schooled students.

    However, Section 484(a)(1) requires a student to be enrolled in an eligible institution in order to receive Title IV funds.  An institution is eligible if it meets the definitions of an "institution of higher education" as outlined in Sections 101 and 102 of the HEA.  One of those elements requires an institution to admit as regular students only (1) "persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate" or (2) "persons who are beyond the age of compulsory school attendance in the State in which the institution is located."

    The Department considers that a home-schooled student is beyond the age of compulsory school attendance if the State in which the institution is located does not consider the student truant once he or she has completed a home-school program.  The State of Utah does not consider such students as truant.

    DCL GEN-02-11 can be found at http://www.ifap.ed.gov/dpcletters/GEN0211.html.  If you are not able to print this letter and would like a hard copy, please contact Stacey Fabros at 801.321.7211.  If you have any questions regarding this Bulletin, please contact the UHEAA Policy and Training Department at 801.321.7166 or by e-mail to mjohnson@utahsbr.edu.