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1. 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.htm
2. 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
3. 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