§90.2 Standards for registration of public, free association and Indian libraries

(a) A public, free association or Indian library will be registered if it meets the following standards satisfactory to the commissioner:

(1) is governed by written bylaws which outline the responsibilities and procedures of the library board of trustees;

(2) has a board-approved, written long-range plan of service;

(3) presents an annual report to the community on the library's progress in meeting its goals and objectives;

(4) has board-approved written policies for the operation of the library;

(5) presents annually to appropriate funding agencies a written budget which would enable the library to meet or exceed these standards and to carry out its long-range plan of service;

(6) periodically evaluates the effectiveness of the library's collection and services in meeting community needs;

(7) is open the following scheduled hours:


Minimum Weekly
Hours Open

Up to 500












100,000 and above


(8) maintains a facility to meet community needs, including adequate space, lighting, shelving, seating, and restroom;

(9) provides equipment and connections to meet community needs including, but not limited to telephone, photocopier, telefacsimile capability, and microcomputer or terminal with printer to provide access to other library catalogs and other electronic information;

(10) distributes printed information listing the library's hours open, borrowing rules, services, location and phone number.

(11) employs a paid director in accordance with the provisions of Section 90.8 of this Part.

(b) Any public, free association or Indian library registered by the department at the time this section takes effect shall be required to meet the standards for registration in subdivision (a) of this section on the following schedule:

(1) meet the standards of paragraphs (1) through (5) and (10) of subdivision (a) of this section on or before January 1, 1995.

(2) meet the standards of paragraph (6) of subdivision (a) of this section on or before January 1, 1997.

(3) meet the standards of paragraphs (7), (8), (9) and (11) of subdivision (a) of this section on or before January 1, 1999.

(c) Variances. If circumstances over which any public, free association or Indian library has no control prevent it from meeting one or more of the standards of service set forward in subdivision (a) of this section, such library may apply for a variance for such standard(s). The application for such variance shall be submitted for such library by the public library system of which such library is a member, in a form prescribed by the commissioner. No variance granted pursuant to this subdivision shall be deemed to relieve a public, free association or Indian library of any obligation imposed by any other provision of federal or state law.

Statutory authority: Education Law, §§ 207-208, 215, 253-268, 271-273, 273-a, 282, 283, 284, 285; L. 1978, ch. 787, L 1993 Ch 260, §§ 1, 3

Last reviewed: March 15, 2010

Last Updated: March 18, 2010 -- asm