(l) Coordinated outreach services.

(1) Definitions. As used in this subdivision:

(i) Solely for the purposes of Education Law, section 273(1)(h), coordinated outreach services shall mean a planned and integrated program of library services designed to identify, contact and serve 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] have developmental or learning disabilities, aged or residents of institutions, or who are at-risk youth from birth to age twenty-one.

(ii) Institutions shall mean correctional facilities, hospitals, youth facilities, nursing homes, developmental centers, psychiatric centers and extended care centers.

(2) Eligibility criteria. In order to be eligible for State aid for coordinated outreach services pursuant to the provisions of paragraph h of subdivision 1 of section 273 of the Education Law, a public library system shall:

(i) be operating under a plan of service which has been approved pursuant to section 272 of the Education Law;

(ii) include in its plan of service, subject to approval by the commissioner, a description of how coordinated outreach services to 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] have developmental or learning disabilities, aged or residents of institutions, or who are at-risk youth from birth to age twenty-one will be developed and implemented throughout the public library system service area. Such description shall include, but not be limited to:

(a) identification of special populations to be served, including persons who are educationally disadvantaged, members of 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] have developmental or learning disabilities, aged or residents of institutions, or who are at-risk youth from birth to age twenty-one;

(b) identification of special needs of such populations;

(c) a description of proposed additional or adapted services to meet the identified special needs;

(d) a description of methods for coordination of expenditures and services in programs supported by coordinated outreach services funds provided under Education Law, § 273(1)(h), State funds provided for services to local correctional institutions, other public library system funding and as appropriate, local funds;

(e) a description of cooperative efforts with representatives from Federal, State and local institutions; or

(f) a description of system efforts to assist libraries to comply with State and Federal laws regarding coordinated outreach target populations;

(iii) certify that there will be employed by the library system at least one full-time professional librarian who holds or is eligible to receive a New York State public librarian’s professional certificate with expertise in outreach services who shall administer the coordinated outreach program and assist 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] have developmental or learning disabilities, aged or residents of institutions, or who are at-risk youth from birth to age twenty-one in deriving maximum benefit from library resources;

(iv) appoint an advisory council of not less than 5 nor more than 11 members, which shall be composed of one director of 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] have developmental or learning disabilities, aged or residents of institutions, or who are at-risk youth from birth to age twenty-one. Council members shall serve three-year terms. The council shall meet at least twice each year, shall advise the public library system and assist in the evaluation of activities in the coordinated outreach program; and

(v) submit to the commissioner, in a format and according to a timetable prescribed by the commissioner, a budget application and narrative describing its coordinated outreach services program.

2. Subdivisions (m) and (n) of section 90.3 of the Regulations of the Commissioner of Education are REPEALED.

3. Section 90.14 of the Regulations of the Commissioner of Education is amended to read as follows:

(a) Definitions.

As used in this section and in Education Law, section 285:

(1) State correctional facility means an institution under the control of the Department of Correctional Services.

(2) Eligible State correctional facility library means a collection of informational materials located in space in the facility which is primarily devoted to library service for the general [inmate] incarcerated individual population, under the supervision of a librarian holding either a professional certificate or a conditional certificate as provided for in section 90.7 of this Part.

(3) [Inmate] Incarcerated individual population means the number of [inmates] incarcerated individuals of each participating State correctional facility named in a public library system's plan of service, as of July 1st of the year preceding the calendar year in which State aid to public library systems is to be paid, as certified by the Commissioner of Correctional Services.

(b) Participation. Each eligible State correctional facility library may elect to participate in the development of the cooperative plan of service with the public library system and other such facility libraries in the system area.

(c) Plan of service. A public library system operating under a plan of service which has been approved pursuant to section 272 of the Education Law, which has one or more eligible correctional facility libraries within its area of service and which is applying for State aid for cooperation with such library or libraries, shall file an amendment of its plan of service with the commissioner, setting forth a plan to make the library resources of such system available to meet the library needs of [inmates] incarcerated individuals within the facility or facilities located in the system's service area. Such amendment shall include, but not be limited to:

(1) the identification of the eligible State correctional facility libraries in the system area, and the reasons given by any such facility which elects not to participate.

(2) the identification of any State correctional facility or facilities within the system area lacking an eligible correctional facility library. A variance may be granted by the commissioner from the eligibility standards set forth in paragraph (a)(2) of this section, upon submission of a description of the services to be provided to ineligible facilities and of the benefits that the [inmate] incarcerated individual population would derive;

(3) the identification of system personnel involved in negotiating the plan of service with participating correctional facility libraries and of the personnel responsible for implementation of such plan, including any consultant services to be provided;

(4) a description of how the public library system resources will be made available for the educational, cultural and recreational needs of the [inmates] incarcerated individuals, as determined from a user needs assessment;

(5) an agreement on procedures to recover or replace missing or damaged materials loaned to a participating facility library; and

(6) the evaluation procedures to be used to determine the effectiveness of the public library system in providing services to the correctional facilities libraries in its area.

(d) Maximum apportionment.

Each public library system shall be eligible to receive an apportionment equal to the quotient, computed to two decimals without rounding, of the appropriation provided by law for the purposes of section 285 of the Education Law, divided by the State total [inmate] incarcerated individual population, but not more than $9.25, multiplied by the public library system [inmate] incarcerated individual population.

(e) Reports.

Each public library system receiving State aid for cooperation with State correctional facilities, under an approved plan for the sharing of library resources, shall file with the commissioner such fiscal and evaluation reports as he may prescribe, in a form and by a date determined by him.

4. Subdivision (g) of section 90.18 of the Regulations of the Commissioner of Education is amended to read as follows:

(g) Reports. By [September 30th] November 1st of each year, each school library system shall transmit to the department an annual report for the year ending 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.

5. Section 90.19 of the Regulations of the Commissioner of Education is REPEALED.

1. STATUTORY AUTHORITY:

Education Law § 207 grants general rule-making authority to the Regents to carry into effect State educational laws and policies.

Education Law § 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 or institutions.

Education Law § 253 defines the terms “public” library and “Indian library”.

Education Law § 254 of the Education Law authorizes the Regents to fix standards of library service for public libraries.

Education Law § 255 provides for the establishment of public libraries and cooperative library systems.

Education Law § 272 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.

Education Law § 273 provides for state aid to libraries and library systems providing service under an approved plan.

Education Law § 273-a provides for state aid for library construction.

Education Law § 282 authorizes the commissioner to approve the establishment of school library systems.

Education Law § 283 prescribes the functions of school library systems.

Education Law § 284 provides for state aid to school libraries providing service under an approved plan.

Education Law § 285 provides for state aid to each public library system operating under an approved plan of service which has a state correctional facility or facilities within its area of service.

Chapter 322 of the Laws of 2021 replaces all instances of the words or variations of the words inmate or inmates with the words incarcerated individual or incarcerated individual or variation thereof, including in sections 273 and 285 of the Education Law.

Chapter 563 of the Laws of 2021 amends sections 273-a and 273 of the Education Law in relation to state aid eligibility for library construction and to streamline and modernize certain library aid formulas and program requirements.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the above statutory authority and is necessary to align the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by Chapter 563 of the laws of 2021 and changes made to sections 273 and 285 of the Education Law made by Chapter 322 of the Laws of 2021 and to align school library systems annual reports with current practice.

3. NEEDS AND BENEFITS:

Chapter 563 of the Laws of 2021 (Chapter 563), effective November 3, 2021, amended Education Law § 273 to simplify and modernize State aid formulas for various library aid programs, including coordinated outreach services. Section 90.3(l) of the Commissioner’s regulations establishes eligibility criteria for State aid to public library systems for coordinated outreach services. The Department proposes to amend section 90.3(l) to update language to align with Chapter 563 and to repeal subdivisions m and n which establish criteria for family literacy and adult literacy library aid programs. Chapter 563 merged separate funding for adult and family literacy programs into coordinated outreach and those subdivisions are no longer necessary.

Additionally, Chapter 563 simplified State aid formulas for reference and research library resources councils, removing the Regional Bibliographic Data Bases and Interlibrary Resources Sharing Program (RBDB). Therefore, the proposed amendment repeals Commissioner’s regulation § 90.19, which prescribes RBDB program requirements.

Chapter 563 also consolidated central library development aid and central book aid to create a central library services aid program. The Department intends to bring forward proposed regulatory amendments to section 90.4 of the Commissioner’s regulations, which establishes standards for central libraries, in coming months, after getting input from key stakeholders. Additionally, Chapter 563 amends Education Law § 273-a relating to state aid for library construction. Therefore, the Department also intends in coming months to bring forward proposed regulatory amendments to section 90.12 of the Commissioner’s regulations to implement such amendments.

Chapter 322 of the Laws of 2021 (Chapter 322) amended various laws, including Education Laws §§ 273 and 285 replacing use of the term “inmate” with “incarcerated individual”. Therefore, the proposed amendment to Commissioner’s regulations § 90.14, which relates to State aid to public library systems for cooperation with correctional facilities, updates language in such section to bring in alignment with Chapter 322.

Finally, the Department proposes additional amendments to section 90.18(g) of the Commissioner’s regulation. This provision relates to school library systems annual reports, and the proposed amendments would realign reporting requirements to reflect current practices.

4. COSTS:

a. Costs to State government: The amendment does not impose any costs on State government, including the State Education Department.

b. Costs to local government: The amendment does not impose any costs on local government.

c. Costs to private regulated parties: The amendment does not impose any costs on private regulated parties.

d. Costs to regulating agency for implementation and continued administration: See above.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any additional program, service, duty or responsibility upon any local government. The proposed amendment merely aligns the Commissioner’s regulations with recent changes to sections 273 and 273-a of the Education Law made by Chapter 563 of the laws of 2021 and changes made to sections 273 and 285 of the Education Law made by Chapter 322 of the Laws of 2021 and to algin school library systems annual reports with current practice.

6. PAPERWORK:

The proposed amendment does not impose any additional paperwork requirements.

7. DUPLICATION:

The proposed amendment does not duplicate existing State or Federal requirements.

8. ALTERNATIVES:

The proposed amendment is necessary to align the Commissioner’s regulations with recent changes to sections 273 and 273-a of the Education Law made by Chapter 563 of the laws of 2021 and changes made to sections 273 and 285 of the Education Law made by Chapter 322 of the Laws of 2021 and to align school library systems annual reports with current practice. There were no significant alternatives and none were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

Following the 60-day public comment period required under the State Administrative Procedure Act, it is anticipated that the proposed amendment will be presented to the Board of Regents for adoption at its September 2022 meeting. If adopted at the ?? September meeting, the proposed amendment will become effective on September 28, 2022. It is anticipated that regulated parties will be able to comply with the proposed rule on its effective date.

(a) Small Businesses:

The purpose of the proposed amendment is to align the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by Chapter 563 of the laws of 2021 and changes made to sections 273 and 285 of the Education Law made by Chapter 322 of the Laws of 2021 and to align school library systems annual reports with current practice. 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 library systems and school library systems.

2. COMPLIANCE REQUIREMENTS:

The amendment does not directly impose any compliance requirements on local governments. The proposed amendment is needed to align the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by Chapter 563 of the laws of 2021 (Chapter 563) and changes made to sections 273 and 285 of the Education Law made by Chapter 322 of the Laws of 2021 (Chapter 322) and to align school library systems annual reports with current practice.

Specifically, the proposed rule repeals provisions establishing criteria for family literacy and adult literacy library aid programs, as Chapter 563 merged separate funding for such programs into coordinated outreach services. Additionally, Chapter 563 simplified State aid formulas for reference and research library resources councils, removing the Regional Bibliographic Data Bases and Interlibrary Resources Sharing Program (RBDB). Therefore, the proposed amendment repeals Commissioner’s regulation § 90.19, which prescribes RBDB program requirements.

Chapter 322 amended various laws, including Education Laws § § 273 and 285 replacing use of the term “inmate” with “incarcerated individual”. Therefore, the proposed amendment to Commissioner’s regulations § 90.14, which relates to State aid to public library systems for cooperation with correctional facilities, updates language in such section to bring in alignment with Chapter 322.

Finally, the Department proposes additional amendments to section 90.18(g) of the Commissioner’s regulation. This provision relates to school library systems annual reports, and the proposed amendments would realign reporting requirements to reflect current practices.

3. PROFESSIONAL SERVICES:

The proposed amendment applies to public library systems, reference and research library resources councils and school 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 aligns the Commissioner’s regulations with recent changes to sections 273 and 273-a of the Education Law made by Chapter 563 of the laws of 2021 and changes made to sections 273 and 285 of the Education Law made by Chapter 322 of the Laws of 2021 and to align school library systems annual reports with current practice.

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 aligns the Commissioner’s regulations with recent changes to sections 273 and 273-a of the Education Law made by Chapter 563 of the laws of 2021 and changes made to sections 273 and 285 of the Education Law made by Chapter 322 of the Laws of 2021 and to align school library systems annual reports with current practice.

7. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule were solicited from public library system, reference and research library resources council and school library system directors in various regions of the State.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed amendment applies to all 23 public library systems, 9 reference and research library resources councils and 40 school library systems in New York State, including those located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.

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

The purpose of the proposed amendment is to align the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by Chapter 563 of the laws of 2021 and changes made to sections 273 and 285 of the Education Law made by Chapter 322 of the Laws of 2021 and to align school library systems annual reports with current practice.

3. COSTS:

The proposed amendment does not impose any costs on public library systems, reference and research library resources councils and school library systems located in rural areas. The proposed amendment merely aligns the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by Chapter 563 of the laws of 2021 and changes made to sections 273 and 285 of the Education Law made by Chapter 322 of the Laws of 2021 and to algin school library systems annual reports with current practice.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment does not impose any additional compliance requirements or costs on public library systems, reference and research library resources councils and school library systems located in rural areas. The proposed amendment merely aligns the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by Chapter 563 of the laws of 2021 and changes made to sections 273 and 285 of the Education Law made by Chapter 322 of the Laws of 2021 and to align school library systems annual reports with current practice. In order to ensure uniform, State-wide high standards for public library systems, reference and research library resources councils and 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 public library system, reference and research library resources council and school library system directors in various regions of the State, including those in rural areas.

The purpose of the proposed amendment is to align the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by Chapter 563 of the laws of 2021 and changes made to sections 273 and 285 of the Education Law made by Chapter 322 of the Laws of 2021 and to align school library systems annual reports with current practice. Because it is evident from the nature of the proposed amendment that it will have no impact on the existing number of jobs or employment opportunities in New York State, no further steps were needed to ascertain that fact and none were taken.