House Bill 442
By: Representatives Reese of the 140th, Stephens of the 164th, Townsend of the 179th,
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 of
Georgia Annotated, relating to compulsory attendance for students in elementary and
secondary education, so as to provide that student performers shall not be counted absent
from school due to performing in certain productions, subject to certain conditions, for no
more than all or part of 25 school days; to provide that the instruction and related services
provided by a studio teacher to a student performer are aligned with the curriculum and
content standards being delivered at the student performer's school under certain
circumstances; to provide for performance certification forms and certification; to authorize
the Department of Labor, in consultation with the Department of Education, to develop such
certification forms and promulgate rules and regulations; to provide for authorizations by
parents or guardians relating to the education records of student performers; to provide for
definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to compulsory attendance for students in elementary and secondary
education, is amended by adding a new Code section to read as follows:
<ins>"20-2-692.4.
(a) As used in this Code section, the term:
(1) 'Child labor coordinator' means the person who is designated by the employing unit
as responsible for the coordination and safety of the student performer, including, but not
limited to, ensuring that the student performer is provided instruction and related services
by a studio teacher.
(2) 'Employing unit' means the person, agency, association, company, corporation,
group, or other organization using the services of a student performer.
(3) 'Performance' or 'performing' means participation in a production that is available to
the public, will be made available to the public, or is intended to be made available to the
public.
(4) 'Production' means a work that is being presented, will be presented, or is intended
to be presented by way of, but not limited to, the following: stage, screen, television,
internet, digital recording, video tape, audio tape, still photographic or phonographic
recording of any kind, open air, or runway modeling. A production shall include an
exhibition, as defined by the Department of Labor, but shall not include any participation
or performance related to a production or exhibition produced exclusively by a public
school, private school, or religious organization if such public school, private school, or
religious organization has not been issued a current employing unit certification by the
Department of Labor.
(5) 'Student performer' means a person under 18 years of age who is enrolled in a public
pre-kindergarten program or elementary or secondary school located in this state, who
has been issued a current minor's certification by the Department of Labor or current
</ins>
<ins>written consent by the Commissioner of Labor as provided in Code Section 39-2-18, and
who is performing in a production. Such term shall also mean a person over the age of 18
who is currently enrolled in a public secondary school located in this state and who is
performing in a production.
(6) 'Studio teacher' means a person who is certified as a studio teacher by the Department
of Labor, who holds a valid five-year induction or professional certificate issued by the
Georgia Professional Standards Commission, or who meets the requirements of rules or
regulations promulgated by the State Board of Education for providing instruction and
related services to student performers.
(b) For no more than all or part of 25 school days, a student performer who is performing
during all or part of such allocated school days shall be credited as present by the school
and shall not be counted as absent, either excused or unexcused, for all or part of any day
missed from school due to such performance that is included on a performance certification
completed by the student performer's parent or guardian and the child labor coordinator or
studio teacher assigned to the student performer using a performance certification form
promulgated by the Department of Labor for this purpose. Subject to the provisions of
paragraph (2) of subsection (c) of this Code section, such performance certification shall
clearly describe the curriculum and content standards that were included in the instruction
and related services provided to the student performer by the studio teacher. Such
performance certification shall be submitted to an official of the student performer's school
upon such student performer's return to school after the performance which is the subject
of the performance certification. A single performance certification may be provided for
a performance that continues for consecutive school days on a single production.
(c)(1) Parents or guardians, studio teachers, child labor coordinators, and employing
units are each responsible for ensuring that the instruction and related services provided
to a student performer by a studio teacher are appropriate based on consideration of such
</ins>
<ins>student performer's age, grade level, and competency in reading, writing, and
mathematics aligned with the content standards adopted by the State Board of Education.
(2) Whenever a student performer is engaged in a performance for three consecutive
school days or longer, regardless of how long the production was originally intended to
be, employing units and child labor coordinators shall be responsible for ensuring that the
instruction and related services provided to a student performer by a studio teacher
include appropriate curriculum and content standards that are aligned with the curriculum
and content standards being delivered at the student performer's school regardless of such
student performer's age, and the studio teacher shall be responsible for coordinating with
the student performer's school teachers to ensure appropriate instructional materials and
resources, including, but not limited to, lessons, assignments, and assessments that are
aligned with the school's curriculum and content standards, are being used with the
student performer.
(3) For a student performer to be credited as present as provided in subsection (b) of this
Code section, a parent or guardian shall provide appropriate authorization for the student
performer's studio teachers and school personnel to communicate regarding the student
performer, including, but not limited to, communications involving the student
performer's education records as defined in the federal Family Educational Rights and
Privacy Act (FERPA), 20 U.S.C. Section 1232g.
(d) Upon consultation with the Department of Education, the Department of Labor shall
promulgate a performance certification form and such policies and procedures necessary
to ensure compliance with this Code section."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.