8 AAC 05.315 - Supervision by studio teachers
(a) Except as
provided in (f) of this section, as a condition of receiving a permit under
8
AAC 05.300, an employer must provide a studio teacher
for a child from the age of birth to 16 years of age, and for a child from 16
to 18 years of age when required for the education of the child. Except as
provided in (d) and (e) of this section, a studio teacher must possess an
appropriate endorsement on a valid and current Type A Alaska teaching
certificate to instruct the age level of the children in the teacher's care and
exhibit a working knowledge of the child labor laws of this state. One studio
teacher must supervise each group of 10 or fewer children, from the age of
birth to 16 years of age, except that on Saturdays, Sundays, holidays, or
during school vacation periods, one studio teacher may supervise each group of
20 or fewer of those aged children.
(b) Notwithstanding (a) of this section, if
babies between the ages of birth to six weeks are employed, one nurse and one
studio teacher must be provided for each group of three or fewer babies. If
infants from age six weeks to six months are employed, one nurse and one studio
teacher must be provided for each group of 10 or fewer infants. One studio
teacher who also possesses a license or certification as a registered nurse,
advanced nurse practitioner, physician assistant, emergency medical technician,
or mobile intensive care paramedic, or who meets the requirements of a primary
community health aide as set out at
AS
18.28.100(5), may fulfill
both requirements.
(c) In addition
to teaching, the studio teacher shall also have responsibility for the health,
development, and welfare of children under 16 years of age while the children
are at the place of employment in the entertainment industry. The studio
teacher will ensure compliance with the law and the permit. The studio teacher
may refuse to allow a child to work on a set or location and may remove the
child from the set or location if, in the judgment of the studio teacher,
conditions present a danger to the health, development, education, or welfare
of the child.
(d) If the teacher
does not hold a valid and current Type A Alaska teaching certificate, a studio
teacher accompanying one or more non-resident children must satisfy the studio
teacher requirements in the state of origin of the children and have a working
knowledge of child labor laws of this state. If the state of origin of the
children does not have studio teacher requirements, the studio teacher must
have a valid and current teaching certificate from the state of origin of the
children to instruct the age level of the child, and have a working knowledge
of child labor laws in this state.
(e) If the commissioner finds that a studio
teacher who meets the requirements of (a) of this section is not available in
the geographic location of the child's employment in this state, the
commissioner will, in the commissioner's discretion, waive the requirement of
the studio teacher exhibiting a working knowledge of the child labor laws of
this state so long as the child's health, development and welfare are not
jeopardized and the studio teacher holds a valid and current Type A Alaska
teaching certificate. A waiver granted under this section expires when the
employment of the child ends or at the close of 90 day calendar days from the
date that the waiver was granted, whichever occurs first.
(f) A studio teacher is not required if the
employment of a minor in the entertainment industry does not conflict with the
schooling of the minor, the employment occurs in or near the minor's home,
school, or from a fixed location used by the employer in the employer's regular
course of business, and the employment does not pose recognized serious hazards
to the minor, such as employment in:
(1)
dinner shows;
(2) cultural dance
exhibitions;
(3) theatrical
productions; and
(4) television,
film, and photography productions where the total time of the minor's
employment is less than 24 hours.
(g) For the purposes of (f) of this section,
to ensure that the employment of a minor in the entertainment industry will not
conflict with the schooling of the minor, the department may require written
authorization from school officials if the employment occurs during school
hours.
Notes
Authority:AS 23.10.330
AS 23.10.360
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