§ 90.18 School library systems.

(a) Definitions. (1) The term school library system as used in this section means:

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(ii) . . .

(2) . . .

(3) . . .

(4) . . .

(5) For the purpose of determining eligibility for State aid to a school library system pursuant to section 284 of the Education Law, enrollment means the total number of pupils enrolled in the schools [of members of] in a school library system service area on the first day of October of the base year, as defined in section 3602 (1)(b) of the Education Law.

(6) . . .

(7) Coordinator of a school library system means a certified school library media specialist with a minimum of three [years'] years employment as a school library media specialist and possessing a valid school administrator and supervisor (S.A.S.) certificate or a valid school building leader (S.B.L.) certificate in accordance with [section 80.4(b)] Part 80 of this Title.

(b) Governance. (1) The board of cooperative educational services or the board of education of the city school district shall be the governing board of the school library system. In the case of a school library system serving a combination of BOCES and/or city school districts, one BOCES or city school district shall be designated as the official administrative agency. Each such board shall appoint members to the [first] school library system council, including nonpublic school representation, shall act as fiscal agent, and shall submit the plan of service to the commissioner for approval.

(2) School library system council. (i) Each school library system shall have a school library system council, which shall meet at least four times a year. Such school library system council shall be composed of at least nine members, and shall include representatives of the members in the school library system and other representatives of providers and users of library services in the school library system. The plan of service shall specify the method of appointment of the school library system council. The school library system council members shall serve three-year terms [, provided that first members of each school library system council shall be appointed for terms of from one to three years so that] and shall be appointed in a manner as to provide that, as nearly as possible, one third of the members of the council shall [thereafter] be appointed each year. A vacancy on the school library system council shall be filled by the governing board for the duration of the term of the individual whose seat on the council is to be filled. Members shall serve without compensation.

(ii) . . .

(c) Plan of service. (1) Content. A BOCES or board of education of an eligible city school district, or combination of BOCES and/or eligible city school districts, seeking funding as a school library system shall submit to the commissioner a plan of service approved by the school library system council in the form prescribed by him or her. The plan shall include, but not be limited to:

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(ii) . . .

(iii) . . .

(iv) . . .

(v) . . .

(vi) . . .

(vii) . . .

(viii) . . .

(ix) . . .

(x) . . .

(xi) . . .

(xii) . . .

(xiii) . . .

(xiv) a description of the responsibilities of [district liaisons and, in city school district systems, of] the [communication] communications coordinators representing the member public school districts and nonpublic schools.

(2) . . .

(3) Revision. The plan of service of each school library system shall be effective for a period of five years. Subsequent revisions thereof shall be filed no later than April 30th for implementation in the school year beginning the following July 1st. [The plan of service shall include a statement that the chief school officer of each member has been made aware of the plan of service and any subsequent revision(s) in writing.] Plans and revisions shall be approved by the council, the governing body and the commissioner.

(d) System staffing. Each school library system shall employ a full-time coordinator of the school library system. School library systems, or combinations thereof, with the enrollment of 200,000 students or more, shall employ at least an additional 0.5 full-time equivalent certified school library media specialist for each additional 100,000 students, or major fraction thereof, to assist the coordinator in designated school library system activities. At least one full-time clerical staff member shall be assigned to each coordinator. Other professional and support staff members shall be employed as necessary to execute school library system functions. The adequacy of the staff in relation to the plan of service activities shall be determined by the commissioner.

(e) Functions of the system coordinator. The school library system coordinator will be responsible for the following aspects of the school library system, including but not limited to:

(1) . . .

(2) . . .

(3) . . .

(4) . . .

(5) ongoing communications with the [district liaisons or, in the city school districts, the] communications coordinators, with the school library system council, and with other school or community personnel or agencies;

(6) . . .

(7) planning periodic meetings between the school library system council and [liaisons or] the communications coordinators [in the city school districts];

(8) serving as advisor to member school library media [centers] staff, [and] school districts and nonpublic schools on program development and improvement and assisting with development and updating of members' plans developed pursuant to paragraph (f)(4) of this section;

(9) . . .

(10) . . .

(11) . . .

(12) . . .

(13) preparing annually a budget application, on forms prescribed by the commissioner, to be approved by the school library system council and governing board, and such budget shall be filed with the department no later than April 30th of each year for approval and release of State aid in the next school year.

(f) Membership. (1) All school districts and nonpublic schools, located within a BOCES supervisory district which has established a school library system, shall be eligible for membership in such school library system, provided that each such member shall designate a certified school library media specialist as the [liaison] communications coordinator to the school library system. The [liaison] communications coordinator shall implement the procedures to be followed in the district, within the general guidelines and procedures determined by the school library system, regarding data collection for union lists, cooperative collection development, other system requirements, intra-district and inter-district loan requests, and necessary reports. The [liaison] communications coordinator shall keep other school library media specialists and staff of the members informed of school library system policies, procedures, activities and services. Time to perform [liaison] communications coordinator duties shall be provided by the member district or nonpublic school. The [liaison] communications coordinator shall have an outside telephone line, telefacsimile, [microcomputer] computer with internet access and e-mail [, modem by June 30, 1999] and access to photoduplication facilities.

(2) [In the city school district of the City of New York, each community school district and borough superintendent for high schools, and the division of special education, shall designate a licensed teacher of library as communications coordinator to assist in liaison activities between the school library system staff and the school library media centers in the district.] Within school library systems established by the city school districts of New York City, Buffalo, Rochester, Syracuse and Yonkers, a certified school library media specialist shall be designated as communications coordinator to the school library system from each zone, representative area or other internal subdivision of the city school district used for school organization as designated in the plan of service. Nonpublic school members shall designate a representative to serve as communications coordinator between such nonpublic school members and the school library system.

(3) Each member school district and nonpublic school of a school library system shall permit the interlibrary loan of books and other library materials to other members of the school library system or members of other systems with which the school library system has reciprocal agreements, except for materials not otherwise loaned by such member.

(4) Member plan. At least once during the five-year period of each plan of service, each member school district and nonpublic school member, and in New York City [each community school district and high school district] any internal subdivision of the city school district used for school organization, shall file with the system a plan which shows how district and building library resources and programs meet the needs of students and teachers and describes the ways in which it proposes to make effective use of the system. Such plan shall include:

(i) . . .

(ii) . . .

(iii) . . .

(iv) . . .

(5) . . .

(6) Each school library system member shall provide school library system personnel access to the [shelf lists] bibliographic records of its school library media centers for purposes of creating and maintaining a school library system union catalog.

(g) [Maintenance of effort. A member of the school library system shall be eligible to participate in a school library system if, effective in 1986-87 and thereafter, its expenditure for school library materials, as reported in its annual financial report, is not less on a per capita basis in the preceding fiscal year than it was in the second preceding fiscal year. Approval may be granted for a variance from the requirements of this paragraph upon a finding that exceptional circumstances make compliance with such requirements infeasible.

(h)] Reports. [Each] By September 30th of each year, each school library system shall transmit to the department [annually, by September 30th, a] an annual report for the year ending [the previous] on June 30th of the previous school year, in such form as shall be prescribed by the commissioner, and such other progress reports as may be required by the commissioner. Such annual report shall include an evaluation by participants and shall be approved by the department.

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 215 of the Education Law authorizes the Commissioner of Education to visit, examine, and inspect schools or institutions under the education supervision of the State and require reports from such schools.

Sections 282, 283, and 284 of the Education Law provide for the establishment and functions of and State aid for school library systems in BOCES, the Big Five city school districts (New York City, Buffalo, Syracuse, Rochester, and Yonkers) and school districts and nonpublic schools enumerated in a school library system plan of service approved by the Commissioner of Education.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the legislative objectives of the above-referenced statutes by updating and clarifying certain terminology relating to the functions of and State aid for school library systems.

3. NEEDS AND BENEFITS:

The purpose of the proposed amendment is essentially to update and clarify certain terminology relating to school library systems in BOCES and the Big Five city school districts. Specifically, the proposed rule amends terminology primarily relating to the functions of school library systems to accurately reflect the current operations of such library systems and to omit references to obsolete practices and terms. The proposed rule also amends certain terms relating to State aid for school library systems to accurately reflect the legislative intent of section 284 of the Education Law.

Additionally, the proposed rule amends certain terminology relating to school library systems to conform such provisions of the Commissioner's Regulations to other corresponding sections of such regulations. The proposed rule amends the definition of a "coordinator of a school library system" to clarify that such a coordinator must possess a valid certificate as either a school administrator and supervisor (S.A.S.) or a school building leader (S.B.L.). Moreover, the amendment is necessary to uniformly apply the title of "Communications Coordinator" to persons serving such role in both BOCES and the Big Five city school districts and to more accurately describe the role of such persons, which is to effectuate two-way communication between districts and school library systems.

4. COSTS:

(a) Costs to the State government. The amendment will not impose any additional costs on State government, including the State Education Department.

(b) Costs to local government: The proposed amendment will not impose any additional costs upon local government.

(c) Costs to private, regulated parties: none.

(d) Costs to regulating agency for implementation and continued administration of this rule: none.

The proposed amendment merely clarifies and updates language in sections 282, 283, and 284 of the Education Law and does not impose any additional costs on the State, local governments, or the State Education Department.

5. PAPERWORK:

The proposed amendment does not require any additional paperwork requirements.

6. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not directly impose any additional program, service, duty or responsibility upon local governments. The proposed amendment is merely needed to clarify and update language in Education Law sections 282 through 284.

7. DUPLICATION:

The proposed amendment does not duplicate any existing State or federal requirements.

8. ALTERNATIVES:

The proposed amendment merely updates and clarifies certain terminology relating to school library systems. There were no viable alternatives to the proposed amendment, and none were considered.

9. FEDERAL STANDARDS:

The proposed amendment does not exceed any minimum standards of the federal government.

10. COMPLIANCE STANDARDS:

The proposed amendment would take effect on its stated effective date. It is anticipated that the regulated parties would come into compliance with the amendment on or immediately in following such date. Because of the nature of the proposed amendment, no additional period of time is needed to enable regulated parties to comply.

(a) Small Businesses:

The proposed amendment primarily concerns technical amendments to provisions of the Commissioner's Regulations relating to school library systems. Particularly, the amendment updates and clarifies certain terminology pertaining to the functions of and State aid for school library systems. The amendment does not impose any reporting, recordkeeping, or compliance requirements on small businesses and will not have an adverse economic impact on small businesses. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further steps were needed to ascertain that fact and none were taken.

(b) Local Governments:

1. EFFECT OF RULE:

The proposed rule applies to the 41 school library systems in New York State, the 36 boards of cooperative educational services (BOCES), and the Big Five city school districts (New York City, Buffalo, Syracuse, Rochester and Yonkers).

2. COMPLIANCE REQUIREMENTS:

The proposed rule applies to the 41 school library systems established in New York State, the 36 BOCES and the Big Five city school districts. The amendment does not directly impose any compliance requirements on local governments.

The proposed amendment is primarily needed to update and clarify certain terminology in the Commissioner's Regulations relating to the functions of and State aid for school library systems in order to accurately reflect the statutory intent and current implementation of sections 282, 283, and 284 of the Education Law.

3. PROFESSIONAL SERVICES:

The proposed amendment will not require school districts or BOCES to employ additional professional services in order to comply.

4. COMPLIANCE COSTS:

The proposed amendment merely updates and clarifies certain terminology relating to the functions of and State aid for school library systems. The amendment will not impose any costs on local governments, including school districts or BOCES.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed amendment does not impose any new technological requirements or costs on local governments. As stated in "compliance costs," the amendment will not impose any costs on school districts or BOCES.

6. MINIMIZING ADVERSE IMPACT:

The amendment will not adversely impact school districts or BOCES in the State of New York. Because of the nature of the proposed amendment, it is unnecessary to minimize any adverse impact.

7. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule were solicited from school library system directors in various regions of the State.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment applies to the 41 school library systems established in New York State, the 36 boards of cooperative educational services (BOCES), and the Big Five city school districts (New York City, Buffalo, Syracuse, Rochester, and Yonkers), including school library systems located in the 44 rural counties and 71 towns in urban counties with a population density of 150 per square mile or less.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:

The purpose of the proposed amendment is essentially to update and clarify certain terminology relating to school library systems in BOCES and the Big Five city school districts. Specifically, the proposed rule amends terminology primarily relating to the functions of school library systems to accurately reflect the current operations of such library systems and to omit references to obsolete practices and terms. The proposed rule also amends certain terms relating to State aid for school library systems to accurately reflect the legislative intent of section 284 of the Education Law. The proposed rule also amends such terminology to conform certain provisions of the Commissioner's Regulations to other corresponding sections of such regulations. The proposed amendment will not impose any additional reporting, recordkeeping, or other compliance requirements or professional services requirements.

3. COSTS:

The proposed amendment merely updates and clarifies certain terminology relating to the functions of and State aid for school library systems and does not impose any additional costs on school library systems or BOCES located in rural areas.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment applies to school library systems, BOCES and the Big Five city school districts and is necessary to update and clarify terminology relating to such library systems. The proposed amendment has been carefully drafted to meet statutory requirements while minimizing the impact on regulated parties. In order to ensure uniform, State-wide high standards for school library systems, the proposed amendment applies State-wide and, accordingly, it was not possible to provide for a lesser standard or exemption for rural areas.

5. RURAL AREA PARTICIPATION:

The proposed amendment has been sent for comment to school library system directors in various regions of the State, including those in rural areas.

The purpose of the proposed amendment is to update and clarify certain terminology relating to the functions of and State aid for school library systems. The amendment will not affect jobs or employment opportunities in this or any field. Because it is evident from the nature of the proposed rule that it will have no impact on jobs and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required, and one has not been prepared.