HB442: HB442 Education; students shall not be counted absent from school due to performing in certain productions; provisions

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 77th, and Herring of the 145th 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 of1 Georgia Annotated, relating to compulsory attendance for studen ts in elementary and2 secondary education, so as to provide that student performers s hall not be counted absent3 from school due to performing in certain productions, subject t o certain conditions, for no4 more than all or part of 25 school days; to provide that the in struction 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 sc hool 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 pr ovide 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 H. B. 442 - 1 - 25 LC 49 2237 SECTION 1.14 Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of t he Official Code of Georgia15 Annotated, relating to compulsory attendance for students in el ementary 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, co mpany, 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: s tage, screen, television,30 internet, digital recording, video tape, audio tape, still phot ographic or phonographic31 recording of any kind, open air, or runway modeling. A product ion 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 e xclusively 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 loca ted in this state, who39 has been issued a current minor's certification by the Departme nt of Labor or current40 H. B. 442 - 2 - 25 LC 49 2237 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 st udent performer using a perfor mance certification form55 promulgated by the Department of Labor for this purpose. Subje ct 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 s tudio 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 coor dinators, 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 H. B. 442 - 3 - 25 LC 49 2237 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 f or 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 performe r 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 involv ing 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 H. B. 442 - 4 -