New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-5 - Educational Requirements › Section 186-5.1 - Educational requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(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.