Current through Register Vol. 45, No. 52, December 27, 2023
(a) No
child performer who is required by law to be enrolled in and attend school
shall be without educational instruction and unemployed for a period longer
than 10 consecutive days while the school of enrollment is in
session.
(b) A child performer
employed in the State of New York shall fulfill the educational requirements
applicable to the school district in which he or she resides or the private
school that he or she attends, including those relating to minimum attendance
and academic requirements.
(c)
Nothing in this Subpart shall limit the authority of a child's school
officials, in cooperation with the parent or guardian, to develop alternative
methods by which a child performer may satisfy his or her educational
requirements.
(d) The requirements
of this Subpart shall not apply to children employed under an employer
certificate of group eligibility.
(e) The requirements of paragraphs (1)
through (12) of this subdivision shall apply to a child performer only on
school days and only when the child performer is not otherwise receiving
educational instruction due to his or her employment schedule. They shall apply
to home-schooled and distance education students, except as otherwise provided
in paragraph (4) of this subdivision, as well as to children being instructed
by a teacher provided by the employer.
(1)
The employer shall provide a child performer with time during the workday to
enable the child to fulfill his or her educational requirements. The
educational time shall average at least three hours per school day, on a weekly
basis.
(2) The employer shall set
aside space(s) where instruction, tutoring and study can take place. Such
space(s) shall be clean and well lit and shall have sufficient work surfaces,
chairs, equipment and supplies necessary for instruction.
(3) During periods of instruction, tutoring
and study, the space set aside shall be used exclusively for those purposes.
Persons not participating in those activities shall not be allowed in the
space, except for a responsible person choosing to remain within sight or sound
of a child performer, subject to the approval of the teacher in conjunction
with the production company. A parent, guardian or other person tutoring a
home-schooled child shall be provided appropriate space to do so.
(4) The employer shall provide a teacher to a
child performer, other than a home-schooled or distance education student who
is receiving appropriate instruction during the school day through those means:
(i) from the third day of missed educational
instruction through the remainder of the child's employment in the production;
or
(ii) from the first day of
missed educational instruction through the remainder of the child's employment
in the production, if the child was guaranteed three or more consecutive days
of employment.
(5) The
provided teacher must either be certified or have credentials recognized by the
State of New York. A check shall be conducted of New York State and national
sex offender registries, and the results shall be considered in accordance with
article 23-A of the Correction Law.
(6) A provided teacher shall provide
instruction to the child or children for an average of at least three hours per
school day on a weekly basis. A minimum of one hour of instruction shall be
provided on each school day. No period of less than 20 minutes duration shall
count as school time. On any day that the minor attends his or her regular
school, the employer shall count no more than three hours of the hours attended
per day at the minor's regular school as school time.
(7) Extra teaching time above three hours per
day provided to the child performer may be "banked" and "spent" on another day
in the same week or another week, subject to the following limit: no more than
five hours of banked teaching time may be carried over from week to
week.
(8) The employer shall
provide at least one teacher for every 10 children or fraction thereof required
to be taught at the workplace. For each group of up to 10 students, the
employer shall provide at least one teacher who is appropriately certified or
otherwise competent to teach students in the applicable grade ranges and
subject areas, as determined by the school district or non-public school in
which the child is enrolled.
(9)
The employer shall require the teacher to prepare written reports for each
student whom the teacher has taught, covering dates and hours of attendance,
lesson plans performed, grades, etc. The teacher shall give or send these
reports to the minor's parent or guardian and to the school district in which
the minor resides or the private school that the minor attends, at intervals
required by the school and at the end of the minor's employment.
(10) It is the responsibility of the child
performer's school, the parent or guardian, and the provided teacher to work
together to determine and carry out the child performer's education plan and
curriculum.
(11) The teacher shall
give the employer a copy of the record of dates and hours of instruction for
each child performer. The teacher shall not give the employer any other
educational information regarding an individual child without first obtaining
written parental consent. A parent or guardian may discuss any extra
educational support or specialized teaching his or her child performer needs
with the employer and/or may give written consent allowing the teacher to
discuss such needs with the employer.
(12) If the school that the child performer
usually attends starts:
(i) less than nine
hours after his or her dismissal time from work in live theater or other live
performance; or
(ii) less than 12
hours after his or her dismissal from work outside of live theater or other
live performance, the child performer shall be instructed the following day at
the employer's place of business, except that the parent or guardian shall have
the option of having the child performer attend instruction at the school that
he or she usually attends on such days.
(f) During any hiatus or layoff period of six
days or less occurring while school is in session, the employer shall continue
to provide a teacher pursuant to the requirements of this section to a child
performer who was receiving instruction from a set or location teacher and who
is working more than 100 miles from his or her regular school, unless the child
returns to attend his or her regular school.
(g) A child performer receiving instruction
from a teacher provided by the employer pursuant to this section shall not be
declared absent from school while working pursuant to the permitting and
education requirements of this Part. The school district in which the child
performer resides and attends school shall determine whether it will accept the
student's work, grades and/or credit that the child performer completes
pursuant to this section.
