Public Library Systems
NY-ADR
3/4/09 N.Y. St. Reg. EDU-09-09-00005-P
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 9
March 04, 2009
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. EDU-09-09-00005-P
Public Library Systems
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 90.3 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207(not subdivided), 215(not subdivided), 254(not subdivided), 255(1 through 5), 272(1)(h) and 273(1)
Subject:
Public library systems.
Purpose:
To update terminology and clarify procedures relating to State aid for public library systems.
Substance of proposed rule (Full text is not posted on a State website):
The Board of Regents proposes to amend section 90.3 of the Regulations of the Commissioner of Education, effective June 11, 2009. The proposed amendment is necessary to update certain terminology and clarify procedures relating to coordinated outreach services, family literacy library services and adult literacy library services.
Section 90.3(l), relating to coordinated outreach services, is amended to add "developmentally or learning disabled" to the special populations who are served by coordinated outreach; to require that the plan of service include a description of efforts to assist libraries to comply with state and federal laws regarding coordinated outreach target populations; to delete a requirement that the plan of service include a description of expanded programming, use and maintenance of an optical scanner for use by the blind and physically handicapped in accordance with the Laws of 1979, Chapter 660; to replace the requirement that the system employ at least one full-time "certified professional librarian", with "professional librarian who holds or is eligible to receive a New York State public librarian's professional certificate"; to specify that the advisory council be composed of one director or a member library, representatives of agencies who serve the target population groups detailed below; and persons who are educationally disadvantaged, members of ethnic or minority groups in need of special library services, unemployed and in need of job placement assistance, living in areas underserved by a library, blind, physically disabled, developmentally or learning disabled, aged or residents of institutions; and to specify that a budget application and narrative describing a public library's coordinated outreach services program be submitted in a format prescribed by the department.
Education Law section 90.3(m), relating to enriched coordinated outreach programs, is amended to retitle such programs "family literacy library services grant programs"; to define "public library service program for family literacy" and "member library"; to delete a requirement that approved projects be under the supervision of a professional librarian; to specify that grant applications be submitted a format and according to a timetable prescribed by the commissioner; to include within the criteria for approval of an application: documentation of a need in the community for such a project, the quality of the project plan, and appropriate means for evaluation of the project including quantitative and qualitative measures; to exclude within eligible costs, personnel expenses for existing full-time library or library system staff; to include within eligible costs, appropriate means for project evaluation including quantitative and qualitative measures and an explanation of how evaluation results will be used, and such other costs as may be approved by the commissioner; to specify that costs ineligible for approval shall include, but shall not be limited to: (1) building modification or construction, (2) overhead or administrative costs; and (3) subsidizing personnel expenses for existing full-time library or library system staff.
Education Law section 90.3(n), relating to adult literacy services, is amended to retitle such services as "adult literacy library services grant program"; to define "public library service program for adult literacy" to mean any targeted projects or activities or library services which assist adults to improve their literacy skills and which are provide at no cost to the individuals served, by library systems or member libraries; to define "member library" to mean a chartered and registered public, free association or Indian library, as defined in section 253 of the Education Law, which is a member of a public library system; to specify that libraries shall be chartered and registered pursuant to Education Law sections 254 and 255 in order to be eligible to apply for grants; to specify that grant applications be submitted in a format and according to a timetable prescribed by the commissioner; to specify that the commissioner may establish a theme, priority, or other parameter for adult literacy library services program grant projects; to include among the criteria for approval of an application, documentation of a need in the community for such a project, the quality of the project plan and community involvement, the potential to be replicated, description of a means for disseminating information about project design, implementation and results, and appropriate means for evaluation of the project including quantitative and qualitative measures and an explanation of how evaluation results will be used; to exclude within eligible costs, personnel expenses for existing full-time library or library system staff; to include within eligible costs, appropriate means for project evaluation including quantitative and qualitative measures and an explanation of how evaluation results will be used; to specify that costs ineligible for approval shall also include, but shall not be limited to, subsidizing personnel expenses for existing full-time library or library system staff; and to delete requirements for the submission of a final project report upon completion of a project by a public library system or member library.
Text of proposed rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, State Education Building, Room 148, Albany, NY 12234, (518) 473-4921, email: [email protected]
Data, views or arguments may be submitted to:
Jeffrey W. Cannell, Deputy Commissioner for Cultural Ed., New York State Education Department, Office of the State Librarian, Room 10C34 Cultural Education Center, Albany, NY 12230, (518) 474-5930, email: [email protected]
Public comment will be received until:
60 days after publication of this notice.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
Regulatory Impact Statement
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.
Section 254 of the Education Law authorizes the Regents to fix standards of library service for public libraries.
Section 255 of the Education Law provides for the establishment of public libraries and cooperative library systems.
Section 272 of the Education Law defines "public library systems" and sets forth the conditions under which they are entitled to State aid. Section 272(1)(h) authorizes the Commissioner to adopt regulations to provide the standard of service with which public library systems must comply.
Section 273 of the Education Law provides for state aid to libraries and library systems providing service under an approved plan.
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 public library systems.
3. NEEDS AND BENEFITS:
The proposed amendment is needed to update certain terminology and to clarify procedural requirements in the Commissioner's Regulations relating to the approval of public library systems, specifically the Coordinated Outreach Services, Family Literacy Library Services grant program (formerly the "enriched coordinated outreach programs"), and Adult Literacy Library Services grant programs, in order to conform to Education Law section 273, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute.
Specifically, the proposed rule adds the definition of "developmentally or learning disabled" to the special populations who are served by coordinated outreach. The "Enriched coordinated outreach program" has been replaced with a more appropriate name, the "Family Literacy Library Services Grant Program." Current operations of library systems are more accurately reflected and references to obsolete practices and terms are omitted.
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 procedural requirements and updates certain terminology in section 90.3 of the Commissioner's Regulations relating to public library systems, in order to accurately reflect the statutory intent and current implementation of Education Law section 273. The proposed amendment does not impose any additional costs on the State, local governments, private regulated parties or the State Education Department.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment is merely needed to clarify procedural requirements and update certain terminology in section 90.3 of the Commissioner's Regulations, in order to accurately reflect the statutory intent and current implementation of Education Law section 273.
6. PAPERWORK:
The proposed amendment does not require any additional paperwork requirements.
7. DUPLICATION:
The proposed amendment does not duplicate any existing State or federal requirements.
8. ALTERNATIVES:
The proposed amendment merely updates procedural requirements and clarifies certain terminology relating to public library systems, in order to accurately reflect the statutory intent and current implementation of Education Law section 273. There were no significant 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 following such date. Because of the nature of the proposed amendment, no additional period of time is needed to enable regulated parties to comply.
Regulatory Flexibility Analysis
(a) Small Businesses:
The purpose of the proposed amendment is to update certain terminology and to clarify procedural requirements in the Commissioner's Regulations, relating to the approval of public library systems; specifically the Coordinated Outreach Services, Family Literacy Library Services grant programs (formerly the "enriched coordinated outreach programs"), and Adult Literacy Library Services grant programs, in order to conform to Education Law section 273, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute. 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. Accordingly, a regulatory flexibility analysis for small businesses is not required and one was not prepared.
(b) Local Governments:
1. EFFECT OF RULE:
The proposed amendment will affect all counties, cities, villages, towns, school districts or other body authorized to levy and collect taxes, which have established public libraries that are part of a public library system. Of the 753 public libraries that are members of public library systems, 189 are school district public libraries, 43 are special district public libraries, and 521 are other types of public libraries.
2. COMPLIANCE REQUIREMENTS:
The amendment does not directly impose any compliance requirements on local governments. The proposed amendment is needed to update certain terminology and to clarify procedural requirements in the Commissioner's Regulations relating to the approval of public library systems, specifically the Coordinated Outreach Services, Family Literacy Library Services grant program (formerly the "enriched coordinated outreach programs"), and Adult Literacy Library Services grant programs, in order to conform to Education Law section 273, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute.
Specifically, the proposed rule adds the definition of "developmentally or learning disabled" to the special populations who are served by coordinated outreach. The "Enriched coordinated outreach program" has been replaced with a more appropriate name, the "Family Literacy Library Services Grant Program." Current operations of library systems are more accurately reflected and references to obsolete practices and terms are omitted.
3. PROFESSIONAL SERVICES:
The proposed amendment applies to public library systems and imposes no additional professional service requirements on local governments.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any costs on local governments. The proposed amendment merely updates certain terminology and clarifies procedural requirements relating to approval of public library systems; specifically the Coordinated Outreach Services, Family Literacy Library Services, and Adult Literacy Library Services programs, in order to conform to Education Law section 273, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any new technological requirements or costs on local governments.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional compliance requirements or costs on local governments. The proposed amendment merely updates certain terminology and clarifies procedural requirements in the Commissioner's Regulations relating to the approval of public library systems, in order to accurately reflect the statutory intent and current implementation of section 273 of the Education Law. The proposed amendment has been carefully drafted to meet statutory requirements while minimizing the impact on regulated parties
7. LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed rule were solicited from public library system directors in various regions of the State.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment will apply to public library systems, including those in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 persons per square mile or less. In the 44 rural counties there are 433 public libraries. In the 71 towns, approximately 40 have public libraries.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:
The purpose of the proposed amendment is to update certain terminology and to clarify procedural requirements in the Commissioner's Regulations, relating to the approval of public library systems; specifically the Coordinated Outreach Services, Family Literacy Library Services grant programs (formerly the "enriched coordinated outreach programs"), and Adult Literacy Library Services grant programs, in order to conform to Education Law section 273, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute. The proposed amendment will not impose any additional reporting, recordkeeping, or other compliance requirements or professional services requirements on public library systems located in rural areas.
Specifically, the proposed rule adds the definition of "developmentally or learning disabled" to the special populations who are served by coordinated outreach. The "Enriched coordinated outreach program" has been replaced with a more appropriate name, the "Family Literacy Library Services Grant Program." Current operations of library systems are more accurately reflected and references to obsolete practices and terms are omitted.
3. COSTS:
The proposed amendment does not impose any costs on public library systems located in rural areas. The proposed amendment merely updates certain terminology and clarifies procedural requirements relating to approval of public library systems; specifically the Coordinated Outreach Services, Family Literacy Library Services, and Adult Literacy Library Services programs, in order to conform to Education Law section 273, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional compliance requirements or costs on public library systems located in rural areas. The proposed amendment merely updates certain terminology and clarifies procedural requirements in the Commissioner's Regulations relating to the approval of public library systems, in order to accurately reflect the statutory intent and current implementation of Education Law section 273. 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 public 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 public library system directors in various regions of the State, including those in rural areas.
Job Impact Statement
The purpose of the proposed amendment is to update certain terminology and to clarify procedural requirements in the Commissioner's Regulations, relating to the approval of public library systems; specifically the Coordinated Outreach Services, Family Literacy Library Services grant programs (formerly the "enriched coordinated outreach programs"), and Adult Literacy Library Services grant programs, in order to conform to Education Law section 273, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute. 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.
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