N.Y. Comp. Codes R. & Regs. tit. 12, § 186-5.1 – Educational requirements.

(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. (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. (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. (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. (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:
  1. (i) from the third day of missed educational instruction through the remainder of the child’s employment in the production; or
  2. (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. (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. (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. (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. (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. (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. (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. (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. (12) If the school that the child performer usually attends starts: 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.
  1. (i) less than nine hours after his or her dismissal time from work in live theater or other live performance; or
  2. (ii) less than 12 hours after his or her dismissal from work outside of live theater or other live performance,
(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.