Frequently Asked Questions
- What are the Regulations of the Commissioner of Education on School Library Media Centers and School Library Media Specialists?
- Are all New York State public schools required to have a library media program?
- Which grades are required to have library skills instruction?
- When is a school library media program required in summer school?
- Can a school withhold student grade reports for overdue school library books or school library fines?
- Is there a document providing guidance on the $6.25 Library Materials Aid reimbursable categorical aid?
- Where do I get answers about Library Media Specialist certification?
- Who do I contact at the NYSED for more information about School Library Services?
What are the Regulations of the Commissioner of Education on School Library Media Centers and School Library Media Specialists?
The Regulations of the Commissioner of Education on these topics can be found at:
- §91.1 School libraries: The Regulations of the Commissioner of Education on a school library in each elementary and secondary school
- §91.2 Employment of school library media specialist: The Regulations of the Commissioner of Education on a certified School Library Media Specialist (SLMS) in each school district
These pages can also be viewed at: http://www.emsc.nysed.gov/ciai/EducationLawandRegulations.html
Are all New York State public schools required to have a library media program?
Yes. “A school library shall be established and maintained in each school. The library in each elementary and secondary school shall meet the needs of the pupils, and shall provide an adequate complement to the instructional program in the various areas of the curriculum.”
Which grades are required to have library skills instruction?
Grades seven and eight are required to have the equivalent of one period a week of instruction in “library and information skills.” Part 100.4 (c). Research shows that these lessons are most effective when integrated with classroom objectives and achieved through cooperative planning by the Library Media Specialist and the academic classroom teacher.
When is a school library media program required in summer school?
The Handbook for Summer School Administrators and Principals states that “all summer schools offering any course other than driver and traffic safety education are required to provide library services in accordance with Part 91 of the Commissioner’s regulations. Part 91 requires a library in each school that meets the needs of the students and provides an adequate complement to the instructional program. A certified School Library Media Specialist must be employed in secondary schools (grade 7-12).” Because a summer school program run by a school district is considered the summer session of a public school (Education Law §3602(1)(g); 8 NYCRR §§110 .1 and 110.2) and Part 91 of the Commissioner’s regulations contains no exception for summer schools, the requirement to employ a school library media specialist applies to summer programs in public secondary schools.
(114.4 KB)Can a school withhold student grade reports for overdue school library books or school library fines?
This is a matter of local school district policy. It can be interpreted as a question about access to school records. Regulations of the Commissioner of Education's Title 8, Codes, Rules and Regulations, and sections 185.11, Records Retention and Disposition, state that "Access issues are not covered by the Local Government Records Law but are covered by the Freedom of Information Law" and that "The Committee on Open Government is responsible for administering the Freedom of Information Law". Appendices to Section 185.11 8 NYCRR point to the Committee on Open Government.
March 4, 2008
FROM: Robert J. Freeman, Executive Director
The staff of the Committee on Open Government is authorized to issue advisory opinions. The ensuing staff advisory opinion is based solely upon the facts presented in your correspondence.
I have received your inquiry in which you asked whether there is ANY law or regulations that permit or prevent school administration from withholding student academic reports or transcripts (K-12) due to (overdue library books or) fines.
In this regard, the primary consideration involves a federal statute, the Family Educational Rights and Privacy Act (AFERPA@; 20 USC '1232g). In brief, that statute applies to any educational agency or institution that participates in any federal funding or loan program and confers rights of access to education records pertaining to a student upon a parent of a student under the age of eighteen, and the students themselves upon reaching that age. Because those rights are accorded by means of federal law, I do not believe that an educational institution may withhold records from a student's parent or older student on the ground that there may be overdue books and/or fines owed. Further, in Dramadri v. New York Inst. of Technology, the court reached the same conclusion (Supreme Court, New York County, NYLJ, January 26, 1988).
I hope that I have been of assistance.
Robert J. Freeman
Executive Director
NYS Department of State
Committee on Open Government
Is there a document providing guidance on the $6.25 Library Materials Aid reimbursable categorical aid?
Yes. The 2008-09 STATE AID HANDBOOK, I. P. Library Materials Aid provides the following guidance on section 711 of the Education Law, Library Materials Aid (2007-08 Estimated Total = $19.8 Million):
Each public school district is eligible for a maximum apportionment of Library Materials Aid in an amount equal to the product of $6.25 multiplied by the number of pupils attending schools within the school district's boundaries and enrolled during the base year in grades K-12 in a public school district or nonpublic school. Each public school district is required to use such funds to purchase and loan library materials on an equitable basis for use by public and nonpublic students attending schools within the district's boundaries during the current school year. Aid is equal to the lesser of the maximum apportionment or the actual expenditures incurred by the school district for purchase of library materials during the base year.
The amount of aid calculated pursuant to this formula is considered final and not subject to change after April 30 of the claim year.
Where do I get answers about Library Media Specialist certification?
Certification is the function of the Office of Teaching Initiatives (OTI), part of the Office of Higher Education (OHE), NYSED. Most answers to certification issues can be answered from their extensive Website at http://www.highered.nysed.gov/tcert/ . Questions regarding an individual’s credentials must go through the application process. The EMSC Curriculum, Instruction, and Instructional Technology (CI&IT) Associates can answer general questions and direct candidates to information in specific certification areas. For School Library Media Specialist programs, contact: John Brock at jbrock@mail.nysed.gov or Joanne Shawhan at jshawhan@mail.nysed.gov.
Who do I contact at the NYSED for more information about School Library Services?
Joanne Parnes Shawhan, Associate in School Library Services jshawhan@mail.nysed.gov
John P. Brock, Associate in School Library Services jbrock@mail.nysed.gov