State Aid for Library Construction, and School Library Systems
NY-ADR
8/2/17 N.Y. St. Reg. EDU-14-17-00006-A
NEW YORK STATE REGISTER
VOLUME XXXIX, ISSUE 31
August 02, 2017
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
NOTICE OF ADOPTION
I.D No. EDU-14-17-00006-A
Filing No. 519
Filing Date. Jul. 18, 2017
Effective Date. Aug. 02, 2017
State Aid for Library Construction, and School Library Systems
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 90.12 and 90.18 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207(not subdivided), 215(not subdivided), 273-a(1)-(7), 282(not subdivided), 283(not subdivided) and 284(not subdivided)
Subject:
State Aid for Library Construction, and School Library Systems.
Purpose:
To implement Education Law section 273-a and to Update Terminology Related to the Functions of school library systems.
Text or summary was published
in the April 5, 2017 issue of the Register, I.D. No. EDU-14-17-00006-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, NYS Education Department, Office of Counsel, 89 Washington Avenue, Room 112, Albany, NY 12234, (518) 474-6400, email: [email protected]
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2020, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
Since publication of Emergency Adoption and Proposed Rule Making in the State Register on April 5, 2017, the State Education Department (SED) received one comment:
1. COMMENT:
Currently the NYSL Construction Grants provide a welcome source of funding for bricks and mortar projects that are sorely needed by our libraries. Many libraries in our area have well endowed foundations and patrons that provide the match through their benefactors to support pre-construction design and feasibility studies- these are essential to long-range capital planning.
Libraries in economically challenged communities have patrons who certainly support their libraries, but are unable due to circumstance to donate funding for pre-construction initiatives through similar financial largesse. This puts libraries serving economically challenged communities at a disadvantage in two ways: they are unable to provide the program planning to select the correct teams that perform the studies necessary to formulate and validate their capital program plans- and unlikely to raise the funds to perform master planning and feasibility studies prior to the engagement of architectural and engineering consultants for specific project design.
An innovation would be to enhance the seed funding programs that exist to encourage libraries in this regard and provide a clerk of the works to assist libraries regionally who need overall program planning assistance.
DEPARTMENT RESPONSE:
Since this comment is unrelated to the proposed amendment, no response is necessary. However, the State Education Department agrees that additional seed funding programs and a clerk of the works would help libraries in economically challenged communities. However, SED does not have the resources for a clerk of the works and would need additional funding to increase seed grants. Therefore, SED recommends that the commenter contact his/her local Legislator to request legislative actions for these purposes.
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