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