23 LC 49 1109
H. B. 202
- 1 -
House Bill 202
By: Representatives Schofield of the 63
rd
, Scott of the 76
th
, Carter of the 93
rd
, Holland of the
54
th
, and Gilliard of the 162
nd
A BILL TO BE ENTITLED
AN ACT
To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of
1
Georgia Annotated, relating to compulsory attendance for students in elementary and2
secondary education, so as to provide that student performers shall not be counted absent3
from school due to performing in certain productions, subject to certain conditions; to4
provide that the instruction and related services provided by a studio teacher to a student5
performer are aligned with the curriculum and content standards being delivered at the6
student performer's school under certain circumstances; to provide for performance7
certification forms and certification; to authorize the Department of Labor, in consultation8
with the Department of Education, to develop such certification forms and promulgate rules9
and regulations; to provide for authorizations by parents or guardians relating to the10
education records of student performers; to provide for definitions; to provide a short title;11
to provide for related matters; to repeal conflicting laws; and for other purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
SECTION 1.14
This Act shall be known and may be cited as the "Education on Set Act."15 23 LC 49 1109
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SECTION 2.
16
Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia17
Annotated, relating to compulsory attendance for students in elementary and secondary18
education, is amended by adding a new Code section to read as follows:19
"20-2-692.4.
20
(a) As used in this Code section, the term:21
(1) 'Child labor coordinator' means the person who is designated by the employing unit22
as responsible for the coordination and safety of the student performer, including, but not23
limited to, ensuring that the student performer is provided instruction and related services24
by a studio teacher.25
(2) 'Employing unit' means the person, agency, association, company, corporation,26
group, or other organization using the services of a student performer.27
(3) 'Performance' or 'performing' means participation in a production that is available to28
the public, will be made available to the public, or is intended to be made available to the29
public.30
(4) 'Production' means a work that is being presented, will be presented, or is intended31
to be presented by way of, but not limited to, the following: stage, screen, television,32
internet, digital recording, video tape, audio tape, still photographic or phonographic33
recording of any kind, open air, or runway modeling. A production shall include an34
exhibition, as defined by the Department of Labor, but shall not include any participation35
or performance related to a production or exhibition produced exclusively by a public36
school, private school, or religious organization if such public school, private school, or37
religious organization has not been issued a current employing unit certification by the38
Department of Labor.39
(5) 'Student performer' means a person under 18 years of age who is enrolled in a public40
pre-kindergarten program or elementary or secondary school located in this state, who41
has been issued a current minor's certification by the Department of Labor or current42 23 LC 49 1109
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written consent by the Commissioner of Labor as provided in Code Section 39-2-18, and43
who is performing in a production. Such term shall also mean a person over the age of44
18 who is currently enrolled in a public secondary school located in this state and who45
is performing in a production.46
(6) 'Studio teacher' means a person who is certified as a studio teacher by the Department47
of Labor, who holds a valid five-year induction or professional certificate issued by the48
Georgia Professional Standards Commission, or who meets the requirements of rules or49
regulations promulgated by the State Board of Education for providing instruction and50
related services to student performers.51
(b) A student performer who is performing during all or part of one or more school days52
shall be credited as present by the school and shall not be counted as absent, either excused53
or unexcused, for all or part of any day missed from school due to such performance that54
is included on a performance certification completed by the student performer's parent or55
guardian and the child labor coordinator or studio teacher assigned to the student performer56
using a performance certification form promulgated by the Department of Labor for this57
purpose. Subject to the provisions of paragraph (2) of subsection (c) of this Code section,58
such performance certification shall clearly describe the curriculum and content standards59
that were included in the instruction and related services provided to the student performer60
by the studio teacher. Such performance certification shall be submitted to an official of61
the student performer's school upon such student performer's return to school after the62
performance which is the subject of the performance certification. A single performance63
certification may be provided for a performance that continues for consecutive school days64
on a single production.65
(c)(1) Parents or guardians, studio teachers, child labor coordinators, and employing66
units are each responsible for ensuring that the instruction and related services provided67
to a student performer by a studio teacher are appropriate based on consideration of such68 23 LC 49 1109
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student performer's age, grade level, and competency in reading, writing, and69
mathematics aligned with the content standards adopted by the State Board of Education.70
(2) Whenever a student performer is engaged in a performance for three consecutive71
school days or longer, regardless of how long the production was originally intended to72
be, employing units and child labor coordinators shall be responsible for ensuring that the73
instruction and related services provided to a student performer by a studio teacher74
include appropriate curriculum and content standards that are aligned with the curriculum75
and content standards being delivered at the student performer's school regardless of such76
student performer's age, and the studio teacher shall be responsible for coordinating with77
the student performer's school teachers to ensure appropriate instructional materials and78
resources, including, but not limited to, lessons, assignments, and assessments that are79
aligned with the school's curriculum and content standards, are being used with the80
student performer.81
(3) For a student performer to be credited as present as provided in subsection (b) of this82
Code section, a parent or guardian shall provide appropriate authorization for the student83
performer's studio teachers and school personnel to communicate regarding the student84
performer, including, but not limited to, communications involving the student85
performer's education records as defined in the federal Family Educational Rights and86
Privacy Act (FERPA), 20 U.S.C. Section 1232g.87
(d) Upon consultation with the Department of Education, the Department of Labor shall88
promulgate a performance certification form and such policies and procedures necessary89
to ensure compliance with this Code section."90
SECTION 3.91
All laws and parts of laws in conflict with this Act are repealed.92