| 1 | 1 | | 25 LC 49 2237 |
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| 2 | 2 | | House Bill 442 |
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| 3 | 3 | | By: Representatives Reese of the 140 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Stephens of the 164 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Townsend of the 179 |
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| 8 | 8 | | th |
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| 9 | 9 | | , |
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| 10 | 10 | | Burnough of the 77 |
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| 11 | 11 | | th |
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| 12 | 12 | | , and Herring of the 145 |
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| 13 | 13 | | th |
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| 14 | 14 | | |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of |
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| 18 | 18 | | 1 |
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| 19 | 19 | | Georgia Annotated, relating to compulsory attendance for students in elementary and2 |
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| 20 | 20 | | secondary education, so as to provide that student performers shall not be counted absent3 |
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| 21 | 21 | | from school due to performing in certain productions, subject to certain conditions, for no4 |
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| 22 | 22 | | more than all or part of 25 school days; to provide that the instruction and related services5 |
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| 23 | 23 | | provided by a studio teacher to a student performer are aligned with the curriculum and6 |
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| 24 | 24 | | content standards being delivered at the student performer's school under certain7 |
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| 25 | 25 | | circumstances; to provide for performance certification forms and certification; to authorize8 |
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| 26 | 26 | | the Department of Labor, in consultation with the Department of Education, to develop such9 |
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| 27 | 27 | | certification forms and promulgate rules and regulations; to provide for authorizations by10 |
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| 28 | 28 | | parents or guardians relating to the education records of student performers; to provide for11 |
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| 29 | 29 | | definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.12 |
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| 30 | 30 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 |
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| 31 | 31 | | H. B. 442 |
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| 32 | 32 | | - 1 - 25 LC 49 2237 |
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| 33 | 33 | | SECTION 1. |
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| 34 | 34 | | 14 |
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| 35 | 35 | | Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia15 |
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| 36 | 36 | | Annotated, relating to compulsory attendance for students in elementary and secondary16 |
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| 37 | 37 | | education, is amended by adding a new Code section to read as follows:17 |
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| 38 | 38 | | "20-2-692.4. |
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| 39 | 39 | | 18 |
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| 40 | 40 | | (a) As used in this Code section, the term:19 |
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| 41 | 41 | | (1) 'Child labor coordinator' means the person who is designated by the employing unit20 |
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| 42 | 42 | | as responsible for the coordination and safety of the student performer, including, but not21 |
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| 43 | 43 | | limited to, ensuring that the student performer is provided instruction and related services22 |
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| 44 | 44 | | by a studio teacher.23 |
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| 45 | 45 | | (2) 'Employing unit' means the person, agency, association, company, corporation,24 |
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| 46 | 46 | | group, or other organization using the services of a student performer.25 |
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| 47 | 47 | | (3) 'Performance' or 'performing' means participation in a production that is available to26 |
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| 48 | 48 | | the public, will be made available to the public, or is intended to be made available to the27 |
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| 49 | 49 | | public.28 |
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| 50 | 50 | | (4) 'Production' means a work that is being presented, will be presented, or is intended29 |
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| 51 | 51 | | to be presented by way of, but not limited to, the following: stage, screen, television,30 |
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| 52 | 52 | | internet, digital recording, video tape, audio tape, still photographic or phonographic31 |
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| 53 | 53 | | recording of any kind, open air, or runway modeling. A production shall include an32 |
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| 54 | 54 | | exhibition, as defined by the Department of Labor, but shall not include any participation33 |
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| 55 | 55 | | or performance related to a production or exhibition produced exclusively by a public34 |
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| 56 | 56 | | school, private school, or religious organization if such public school, private school, or35 |
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| 57 | 57 | | religious organization has not been issued a current employing unit certification by the36 |
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| 58 | 58 | | Department of Labor.37 |
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| 59 | 59 | | (5) 'Student performer' means a person under 18 years of age who is enrolled in a public38 |
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| 60 | 60 | | pre-kindergarten program or elementary or secondary school located in this state, who39 |
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| 61 | 61 | | has been issued a current minor's certification by the Department of Labor or current40 |
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| 62 | 62 | | H. B. 442 |
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| 63 | 63 | | - 2 - 25 LC 49 2237 |
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| 64 | 64 | | written consent by the Commissioner of Labor as provided in Code Section 39-2-18, and41 |
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| 65 | 65 | | who is performing in a production. Such term shall also mean a person over the age of 1842 |
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| 66 | 66 | | who is currently enrolled in a public secondary school located in this state and who is43 |
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| 67 | 67 | | performing in a production.44 |
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| 68 | 68 | | (6) 'Studio teacher' means a person who is certified as a studio teacher by the Department45 |
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| 69 | 69 | | of Labor, who holds a valid five-year induction or professional certificate issued by the46 |
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| 70 | 70 | | Georgia Professional Standards Commission, or who meets the requirements of rules or47 |
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| 71 | 71 | | regulations promulgated by the State Board of Education for providing instruction and48 |
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| 72 | 72 | | related services to student performers.49 |
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| 73 | 73 | | (b) For no more than all or part of 25 school days, a student performer who is performing50 |
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| 74 | 74 | | during all or part of such allocated school days shall be credited as present by the school51 |
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| 75 | 75 | | and shall not be counted as absent, either excused or unexcused, for all or part of any day52 |
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| 76 | 76 | | missed from school due to such performance that is included on a performance certification53 |
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| 77 | 77 | | completed by the student performer's parent or guardian and the child labor coordinator or54 |
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| 78 | 78 | | studio teacher assigned to the student performer using a performance certification form55 |
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| 79 | 79 | | promulgated by the Department of Labor for this purpose. Subject to the provisions of56 |
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| 80 | 80 | | paragraph (2) of subsection (c) of this Code section, such performance certification shall57 |
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| 81 | 81 | | clearly describe the curriculum and content standards that were included in the instruction58 |
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| 82 | 82 | | and related services provided to the student performer by the studio teacher. Such59 |
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| 83 | 83 | | performance certification shall be submitted to an official of the student performer's school60 |
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| 84 | 84 | | upon such student performer's return to school after the performance which is the subject61 |
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| 85 | 85 | | of the performance certification. A single performance certification may be provided for62 |
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| 86 | 86 | | a performance that continues for consecutive school days on a single production.63 |
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| 87 | 87 | | (c)(1) Parents or guardians, studio teachers, child labor coordinators, and employing64 |
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| 88 | 88 | | units are each responsible for ensuring that the instruction and related services provided65 |
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| 89 | 89 | | to a student performer by a studio teacher are appropriate based on consideration of such66 |
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| 90 | 90 | | H. B. 442 |
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| 91 | 91 | | - 3 - 25 LC 49 2237 |
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| 92 | 92 | | student performer's age, grade level, and competency in reading, writing, and67 |
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| 93 | 93 | | mathematics aligned with the content standards adopted by the State Board of Education.68 |
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| 94 | 94 | | (2) Whenever a student performer is engaged in a performance for three consecutive69 |
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| 95 | 95 | | school days or longer, regardless of how long the production was originally intended to70 |
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| 96 | 96 | | be, employing units and child labor coordinators shall be responsible for ensuring that the71 |
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| 97 | 97 | | instruction and related services provided to a student performer by a studio teacher72 |
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| 98 | 98 | | include appropriate curriculum and content standards that are aligned with the curriculum73 |
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| 99 | 99 | | and content standards being delivered at the student performer's school regardless of such74 |
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| 100 | 100 | | student performer's age, and the studio teacher shall be responsible for coordinating with75 |
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| 101 | 101 | | the student performer's school teachers to ensure appropriate instructional materials and76 |
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| 102 | 102 | | resources, including, but not limited to, lessons, assignments, and assessments that are77 |
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| 103 | 103 | | aligned with the school's curriculum and content standards, are being used with the78 |
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| 104 | 104 | | student performer.79 |
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| 105 | 105 | | (3) For a student performer to be credited as present as provided in subsection (b) of this80 |
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| 106 | 106 | | Code section, a parent or guardian shall provide appropriate authorization for the student81 |
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| 107 | 107 | | performer's studio teachers and school personnel to communicate regarding the student82 |
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| 108 | 108 | | performer, including, but not limited to, communications involving the student83 |
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| 109 | 109 | | performer's education records as defined in the federal Family Educational Rights and84 |
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| 110 | 110 | | Privacy Act (FERPA), 20 U.S.C. Section 1232g.85 |
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| 111 | 111 | | (d) Upon consultation with the Department of Education, the Department of Labor shall86 |
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| 112 | 112 | | promulgate a performance certification form and such policies and procedures necessary87 |
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| 113 | 113 | | to ensure compliance with this Code section."88 |
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| 114 | 114 | | SECTION 2.89 |
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| 115 | 115 | | All laws and parts of laws in conflict with this Act are repealed.90 |
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| 116 | 116 | | H. B. 442 |
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| 117 | 117 | | - 4 - |
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