Section 8.05.315. 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 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; and   
		(3) theatrical productions.  
	(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.   

Authorities

23.10.330;23.10.360

Notes

Authority

AS 23.10.330 AS 23.10.360

History

Eff. 7/2/95, Register 135; am 7/30/99, Register 151; am 3/2/2008, Register 185