“Banking Hours,” as used in California, refers to the permission for a young performer by a studio teacher to study extra hours beyond the three hour per day required and then place those extra hours in the “bank.” The extra hours are then applied toward the requirement on another day(s) when the shooting schedule makes it difficult to study for the full three hours. This stockpiling system is useful in television productions where young performers bank hours in order to study for only one hour on Fridays when the show tapes with an audience (a time consuming production day) and on tours which travel on Mondays. 

The concept of banking hours is just that, a concept and is not mandated or regulated by law but is rather a privilege offered to production companies for use in extenuating circumstances. While the state labor department does recognize the widespread use of Banking Hours, young performers have no right to it by law so producers must work with teachers to obtain permission. In California, the maximum number of allowable banked hours are as follows:

• For grades one through six - one hour on a regular school day, four hours on a school holiday
• For grades seven through twelve - two hours on a regular school day, five hours on a school holiday

The Screen Actors Guild (SAG) addresses this concept in their discussion of working hours but does not use "banking hours" or other terms to refer to this practice. Outside of California, permission is not required from the teacher but the practice is again, a privilege and not regulated by labor law. In section 50-D-11 of the SAG contract with Producers, it states "The teacher shall determine the required number of hours to be devoted to instruction during a day, but the minor must be taught an average of at least three (3) hours per day." It goes on to state "The maximum number of hours that may be set aside for the minor's instruction in any one (1) day shall be as follows:

• For kindergarten - four (4) hours;
• For grades one (1) through six (6) - five (5) hours;
• For grades seven (7) through twelve (12) - six (6) hours."

Therefore, given the required three hours, anywhere from one to three teaching hours above the requirement is permitted depending on the minor's grade level.

In terms of the limitations on the timeframe for using banked hours, California and SAG rules also differ and are dictated by the circumstances. Please contact the staff at OLE for assistance with your specific situation.

The Coogan Law, named for Jackie Coogan, the pioneer young performer, was enacted in 1938 and amended in 2004 to protect young performers’ earnings. Prior to Jackie Coogan’s case, minor children had no legal right to their earned income. The Coogan Law in California and later New York’s passage of the Child Performer Education and Trust Act of 2003, both mandate that among other things, trust accounts are required in an effort to protect a child performer’s earnings.

The California Coogan Account
When a minor renders artistic services in the state of California (regardless of the minor’s place of residence) or a California company employs or contracts a minor for artistic services, employers are required to deposit 15% of gross earnings into a “Coogan Account” set up for the minor. With Coogan Accounts, it is important to note that while the parent/guardian will be the trustee on the account, withdrawals from this account are not allowed. At the age of majority (18) in California, or through emancipation, the child will gain access to and the ability to withdraw from the fund.
Under California Law, a Coogan account MUST be in place in order to obtain a work permit. Accounts established as Uniform Gifts to Minors Act (UGMA) or Uniform Transfers to Minors Act (UTMA) (see below) will not meet the California requirements under the Coogan Law.

It’s important to note that work permits for minors are void after 10 days unless a Coogan Trust document is attached. For assistance in obtaining work permits, contact OLE at 800-800-3378. You may also Click Here to visit our Links page for a state-by-state list of Labor Bureau links.

The New York Child Performer Education and Trust Act of 2003
The state of New York passed this Act in 2003 to safeguard both a child performers’ earnings and their education rights. In regards to a child performer’s earnings, the Act of 2003 is considered “Coogan-like.”

New York requires that one of three accounts be established for a child performer:
UGMA, UTMA, or a California Coogan Account. The major difference between the three accounts is access. UGMA and UTMA are account structures designed to allow minor’s to hold property in their name through the use of a custodian who takes legal responsibility for the account (usually a parent or guardian). In this regard, they are similar to a Coogan Account.

Regardless of the type of account established, like the Coogan Law, New York requires that 15% of gross income MUST be deposited by the production company into the account for the benefit of the child. This requirement is placed on work that takes place in New York or from a New York Production Company.

The key difference between the accounts is that UGMA and UTMA allow for withdrawals for child expenses under certain specific conditions while Coogan does not and is therefore considered a blocked trust. The ability to withdraw funds from these accounts does not meet the stringent requirements of the Coogan Law and will not satisfy California Law. Also, if the account reaches $250,000, and is not a Coogan Account, a trust company must be appointed custodian.

Important Points to Note for Parents and Guardians

• Parents must comply with the law that coincides with the state of incorporation of the production company and/or the location of the work. Not all states mandate minor performer protection. The key is knowing which state is issuing the work permit since the permit is what requires the proof of account status
• Make sure you provide the right documentation concerning proof of the account, as well as proper deposit instructions
• It is responsibility of the Custodian or Trustee to ensure that proper payment is made to the account. Not all production companies have worked with children and many are not used to meeting the laws’ requirements pertaining to child actors
• If payment is missing or incorrect during the acting engagement, contact the production company. If work commenced or the production company is no longer in business, contact the Actors Fund or the New York State Comptroller for UGMA/UTMA accounts to see if payment was made to them for the benefit of your child

We gratefully acknowledge the significant contribution of John Deyeso, founder of Financial Filosophy and thank him for his time.

* The information provided here is for reference purposes only and is not intended to substitute for legal counsel.On Location Education is not responsible or liable for the financial condition of any referenced accounts or entities.

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The general dilemma of whether one needs a college education to succeed is an age-old question wrought with statistical analysis. The percentage of Forbes 400 members (Forbes Magazine’s ranking of wealthiest people) with college degrees is 66%, while the percentage without degrees is 33%*. The average net worth of a Forbes 400 member without a college degree is $2.27 billion, while the average net worth for members with a college degree is $2.13 billion* – at that level, one has to wonder, does the extra $14 million really tip the scale? To further cloud the issue, let’s compare the two wealthiest Americans. Warren Buffett, who obtained a bachelor of arts/science degree from University of Nebraska and a MBA from Columbia, has a net worth of approximately $36 billion while Bill Gates, who is a Harvard dropout, has a net worth of approximately $43 billion*. Here again, when you’re counting billions, one wonders if a $7 billion differential lends itself to an argument for either side?

The particular issue of whether to break from the pursuit of an acting career to attend college is a major dilemma with specific considerations for young performers and their parents. We interviewed both academics and industry professionals to gather their opinions and have compiled them here. In talking with our interviewees, the common denominator was that the decision is a very personal one and specific to each student’s current and future circumstances. The general advice to parents and young performers was not to rely on any one opinion but to take their own specific circumstances into consideration and weigh all the options. Below we have assembled the answers to our questions on this very important topic.

1. Do working child actors (in conjunction with their parents) have to choose between college and their performance art career? Can you do one and then the other or is it an either/or situation? Which should come first? Is it different for aspiring child actors?

In Favor of College:

• There's nothing worse than an uneducated actor and high school isn't enough 
• The ages of 18 to 22 are formative years for youngsters. College will expose students to professors who will change their thinking and alter the way they view the world. Gaining this perspective will only enhance artistic sensibilities in the future 
• Get an education to expand and grow your mind: you'll be a better actor 
• Some actors who don’t go to college have to go out of their way to prove they are just as smart, even if they are in fact bright
• Some go to college to learn more about the field to see if they really have what it takes to compete
• “Most of what I learned, I learned by doing but you can only do what you’re exposed to.” Going to school gives you a well rounded background to ready you when opportunity knocks. College for most becomes a horizon expanding experience that sets a certain standard for dealing with the world
• If you have gotten some parts but you’re not “hot” yet, go to school to gain experiences you can pull from when you act; be an actor who can talk about something other than yourself
• Many who don’t have a degree feel less successful
• The more you have life experience to draw from, the better artist you are
• Being on set is very isolating while college is not
• The training is good for those who know they want to be a working artist for their whole life

The Case for Delaying or Skipping College:

• L.A. idolizes youth and if you delay college, it’s hard to go back to school when you’re older
• Typically, if you leave acting while you’re hot to attend college, you will find it hard to get parts when you’ve graduated
• An actor stops being a young performer at around 12-14 yrs because casting directors can find adult actors to play teens, which they’d much rather hire. If you can get the work now, you can go to college anytime
• If you look younger, an older teen can play a younger teen so delay college if you look young
• Think carefully about giving up college. If the student is actively acting at a peak earning period (17-25 yrs), maybe it’s worth not going to college until later on. (The flip side is exemplified by Jodi Foster who stepped away to attend Yale and has been continually working ever since she graduated)
• Young performers should ask themselves “What do I really want?” If it’s to be a movie star, go to college for at least a year and then make the case to your parents that leaving college to pursue your dreams is the right move. For theater actors, dancers and singers, most directors don’t care where you went to college; New York classes are the best choice if you want to specialize
• It’s important to be a well rounded human being. There are lots of different paths to get there besides college – self study, reading, travel, taking classes to develop one’s personality, passions and interests. One path does not fit all. Directors are looking for someone who is engaging, curious and has a lot going on

2. Is there a way to balance both? Does it behoove them to balance both?  

It Depends:

• A lot depends on the particular college in which you're enrolled. Reputable B.F.A. programs usually won't allow professional work while students are matriculating. B.A. programs are more flexible. For example, a B.A. student withdrew from school for a semester because he was cast in Julius Caesar with Denzel Washington. He then returned to school and was later offered the opportunity to sign with an agent and go to Hollywood. He opted to continue his education and graduated
• Most can’t do both but it depends on personality traits and commitment level

3. Might the college time commitment preclude them from going on auditions thereby prevent them from getting parts? 

Yes:

• But so what. Part of the challenge with this generation is the overwhelming need for instant gratification. Look at the world they live in -- TVs have remotes (they don't have to get up to change the channel) and they have cell phones (they don't have to drive around and look for a pay phone or wonder what’s going on when someone they are meeting is late). But show business is NOT a product of instant gratification. There are no short cuts. It's a long marathon, not a sprint. Decisions should be made in the long-term interest of the student. So, foregoing 4 years of auditioning in the span of an entire career is only a drop in the bucket
• It’s a four year commitment with only summers off to do projects. The choice is very different if you’ve attained a certain level of active work

Maybe:

• Some schools have restrictions and some are located in areas where you couldn’t easily get to auditions and be back for class
• It is possible to do both but some who take time off, such as to do a tour, never come back

4. How can parents respond to their children when their told "Mom, I'm going to make/making millions of dollars, I don't need college" or "I don't need to know calculus to act" or "Bill Gates doesn't have a college degree" 

• These are exceptions to the rule. Anecdotal evidence is not constructive. Look at the aggregate -- the overwhelming number of those without a college education – and see where they are in life. If you want to look anecdotally, look at the uneducated actor struggling with Shakespearean text, or understanding the complicated dialogue of the doctor they're playing on a Soap
• Many actors show regret for not having gone – how compelling is your reason for not going compared to most? Don’t base your decisions on the exceptions, like Bill Gates. There are some kids for whom school is not a fit. Parents have to know their child
• All of the above is true so why not delay college and pursue your dreams if you’re making money now? It’s not like you’re leaving high school
• Gates is a unique situation because he understood the capacity of his trade without needing the training. Actors need to draw from experience and college will help them do that, otherwise, they are limited. In general, it’s important in life to be educated. Most actors with sustaining careers are well educated and have other passions besides art

5. If one makes the decision to go to college, should a young performer pursue a Bachelor of Fine Arts (B.F.A.) or a Bachelor of Arts (B.A.); and what is the difference?

Facts:

• The characteristics of a B.F.A./Conservatory Actor Training program include:
  • Emphasis on acting training       
  • Reputable programs offer a Showcase for agents and casting directors
  • Continued study, in most cases, an M.F.A. is not necessary
  • Detailed basic study of acting – speech, voice, movement
  • Ancillary study – stage combat, fencing, dialects
  • More credits required for graduation in the specific discipline
  • Minimal emphasis on general education classes
  • A Double-major is generally not possible
  • Professional work is generally not allowed
  • There is generally no time for traditional college activities (fraternities, sororities, sports, etc.)
• The characteristics of a B.A./Theater Arts program include:
  • A liberal arts education
  • A general foundation of theater arts, not just acting
  • An effective approach for continued graduate study such as the pursuit of an M.F.A.
  • A double-major and/or minors are possible and often strongly encouraged
  • Study abroad opportunities
  • Less credits in the specific discipline are required

Opinions:

• The B.F.A. isn’t going to get you the job if you can’t act. Do you only want to learn the trade or also to learn about yourself and explore other interests and obtain general knowledge? If you have your druthers, take private lessons with a great private acting coach and study a subject in school that could be a second career. Take electives like languages so you can do accents and create a bag of tricks
• Be careful about the people who are telling you how to act but have never acted themselves. Protect your spark and ensure you go to a school that will nurture that. You have to decide what your college goal is - liberal arts to broaden yourself or intensive training in your performance area. If it’s training – take classes in NY
• The B.A. is for those who are not quite sure, have some interest in arts, or are multi-talented. A B.F.A. is for those who know they want to do this professionally and know exactly what area of the arts they fall into
• The B.A. is more important because it’s broad based to help students obtain life experience and theatre is about the world. Many child actors choose the B.A. because they already have some acting experience (i.e. the creativity)
• The choice is particular to the institution. Do as much research as you can by speaking to students and faculty and finding out the list of alumni. Research the faculty and their process for evaluating students.
• They are both great degrees for life skills with training that applies to various job skills because they teach working collaboratively, writing, human psychology and how to best express oneself. Always keep Bill Coplin’s (Professor at Syracuse) 10 Things Employers Want You to Learn in College in mind:
  • An established work ethic
  • Physical skills (typing, etc.)
  • Communicating verbally
  • Communicating in writing
  • Working directly with people
  • Influencing people
  • Gathering info
  • Using quantitative skills
  • Asking and answering the right questions
  • Solving problems

We gratefully acknowledge the contributions of our interviewees and thank them for their time:

Jim Clark, Syracuse University
Kevin Farrell, Aprani Music
Kathy Hood, The Juilliard School
Marshall Jones, Rutgers University
Charles Richter, Muhlenberg College

* Sources: Forbes, Chronicle of Education, U.S. Census Bureau, National Center for Education Statistics

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The emancipation of a minor refers to the process of freeing a minor from parental control. A minor constitutes a child under an age set forth by the state of residence of the minor. In many states, that age is 18. Not all states have the same terms and conditions. For instance, some states allow emancipation at an age as young as 14 (California among them); others not until 16, although some have no age restriction at all. Some states allow emancipation orders to include education and child labor laws; others, by enumeration (including California), do not. Also, the states' statutes vary with regard to the age of consent, which, under the penal code, would impact the staging of sexual situations involving minors. 

Nineteen states (Arizona, Arkansas, Delaware, Georgia, Idaho, Indiana, Iowa, Kentucky, Minnesota, Missouri, Nebraska. New Jersey, New York, North Dakota, Ohio, South Carolina, Tennessee, Wisconsin) and the District of Columbia do not have emancipation status. Emancipation, however, is referenced by the Uniform Interstate Family Support Act (UIFSA), which is primarily aimed at regulating promulgation of child support but does include emancipation.  Under UIFSA, to which all 50 states, DC, Puerto Rico, the VI, Guam and American Samoa subscribe, any state is obligated to accept the terms and conditions of any other state's relevant family court orders. Thus, emancipation orders from one state will be unconditionally accepted in any other state.

Once a minor is emancipated, the parent is no longer legally responsible for the child’s actions. The emancipated status permits a child to make their own living arrangements, apply for a work permit, manage their own health (including providing consent for medical treatments), ensure their own education, self-regulate their behavior, enter into contracts, sue and be sued, and manage their own finances (which are released from parent control). Emancipation can be partial (for a period of time, for a special purpose, or in order to make a significant decision) or complete (the parent’s responsibility is absolved in totality).

Courts often grant emancipation status in situations where the minor enters the military, a minor gets married, the parent is abusive, neglectful or fails to financially support the child or a parent irresponsibly spends the income of a working minor. Alternatives to emancipation include family counseling, mediation, seeking public or private agency support, informal arrangements between children and parents, and children living with other adults (family or otherwise).

We gratefully acknowledge and thank Michael Harrah for his contribution to this article.

Click here to read the information on Denise Simon's Actors Workshop

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There is a long history of young performers working in show business and it is important for parents to understand the intricacies associated with both the history and how the industry addresses the needs of young performers today.  One such resource is the Screen Actors Guild website section for young performers. Click here for information from SAG on young performers orientation meetings, details on laws and protecting your child in cyberspace

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A mother of a child actor advises parents not to simply respond to the SAG representative’s question “How is everything” with an answer of “fine.” She says, with that question, the SAG on-set monitors are really trying to elicit the following:

1. Has your child been asked to work overtime?
2. Is your child getting adequate rest periods?
3. Is s/he being tutored in an effective manner?
4. Has s/he been asked to do stunts?
5. Are they permitting you [as the parent] to be within sight and sound of your child at all times?
6. Has your child been provided an appropriate dressing room area?

It’s important for parents of young performers to be prepared with a response that speaks to the SAG regulations regarding employment of minors. If parents are timid about reporting violations to the SAG Rep, they should immediately call the child's agent or manager, who can remedy any on-set problems on their behalf.

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On Location Education has been providing quality educational alternatives for young performers for over twenty-five years. We can provide your young performer with a one-on-one learning experience with a qualified teacher thereby closing the gaps in your child's education during absence from school.

Beyond the walls of a traditional school environment, learning takes place on set or stage, with location-appropriate field trips to enhance the knowledge of history, geography, art, music and languages. We are proud to say that we have satisfied clients in all areas of the entertainment industry.

For more information, you can reach us at 914.747.2737

So your child has booked a role and it starts in two days. Great! But what do you do about school? The key is to be prepared ahead of time and create a "Homework on the Go Bag," or "HGB," with the school's input. This will ease the stress and send a message to your child that prioritizing one's education while working is paramount.

To create a HGB:

1. Ask your child to prepare a checklist of all the materials needed for school, categorized by subject/course (if your child doesn't know how to write yet, you can write it while s/he dictates). Include at least each textbook, each workbook, any computer software, reference lists, homework lists, course outlines, writing supplies, art supplies, science supplies, notebooks, calculators, etc.). Refer to this list when your child books a last minute part to help gather your supplies for the HGB
2. Together choose, or buy if needed, a special backpack that will be earmarked as the HGB and choose an easily accessible location in which to store it. The size should coincide with approximately how many items from the content list above need to be packed at one time. Consider the newer ones with wheels if you think the contents will be heavy
3. Refer to the list and gather, or buy, the common supplies needed for most classes (pens, pencils, paper, calculator, etc.) and with your child, place those items in the HGB for permanent storage. Consider purchasing a second set of textbooks to keep at home. While this will be an added expense, it can relieve last minute scrambling and lugging of heavy books and many will find it's worth the additional cost. Keep the second set of books easily accessible and place them in the HGB when needed
4. Talk to your child's teachers and let them know your child attends auditions and may be hired for a role for which s/he will be required on set the next day. Tell them you'd like their help in ensuring that your child keeps up with the schoolwork. Ask the teachers if they could be available by email (or cell) to obtain assignments in the event the booking occurs when school is closed. Ask your child’s teachers if they're willing to receive emails from set teachers to coordinate homework assignments. Show the teachers the supply list that you and your child put together and ask if you've left anything out. Ask for their suggestions as to what should be kept at home in case the child is out of school for a booking
5. Inform the set teachers that your child has a HGB and is prepared with the supplies and assignments necessary for completing homework. If you've gotten approval from the school teachers, let the set teachers know they can email or call the school teachers with questions. Set teachers will be grateful for your preparation and will work with you to better your child's on-set education

While it is ideal to have a HGB prepared ahead of time, one can be created on the spur of the moment. The bottom line: be prepared and don't feel you have to do it alone. With a little preparation and input from your child and his/her teachers, you can help your child stay on track and keep up his/her academics.

Self-submits to casting directors can be extremely dangerous. Be cautious of craigslist and My Space casting calls as these websites do not screen listings and anyone can claim to be a producer, agent or manager. Checking the following website to ensure an agent is not listed as part of a scam is one way to help identify legitimate agents

http://easybackgroundcheck.com

The Screen Actors Guild (SAG), in cooperation with Ford Models and other agencies, partnered with the New York State Consumer Protection Board to launch a campaign to make young people and their parents aware of scams and the true facts about modeling and talent services. Click here to educate yourself.

Should you come across a suspicious online casting post or want to report other suspicious computer-related activity, Click Here to contact the Internet Crimes Against Children (ICAC) Task Force Program program in your area. The Task Force was created to help state and local law enforcement agencies enhance their investigative response to offenders who use the Internet, online communication systems, or other computer technology to sexually exploit children. The program is currently composed of 46 regional Task Force agencies and is funded by the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention. Please note: these sites do not necessarily address issues relating to children in the entertainment industry but rather provide general information about safeguarding against computer predators.

For more information on this topic, Click Here for the Crimes Against Children Research Center (CCRC), whose purpose is to combat crimes against children by providing high quality research and statistics to the public, policy makers, law enforcement personnel, and other child welfare practitioners. Time Warner Cable has created a great “Cyber Safety Guide” addressing email, Instant Messaging, social networking and other online tools in which children are involved. Click here to access the guide or click here go to their website. And, you may want to visit the Federal Trade Commission website, chock full of information devoted to protecting kids’ privacy on the Internet. Click on the graphic below to link to it.

The Screen Actors Guild (SAG) works to protect young performers’ safety and wages. Here, they present an overview of some of the information needed for parents and young performers to make their way through the industry

Click here to read the information on Denise Simon's Actors Workshop

Click here to read the information on Denise Simon's Actors Workshop