NYCRR TITLE 8 - EDUCATION

§90.8 Appointment of library personnel [see also a Summary Chart of Minimum Education Requirements]

(a) Each registered public, free association or Indian library shall appoint library personnel on or after May 19, 1975, in accordance with the following provisions:

(1) A library which is a member of a public library system and serves a population of 2,500 to 4,999 shall employ as director a person who has completed not less than two academic years of full-time study in an approved college or university, or the equivalent as determined by the commissioner.

(2) A library which is a member of a public library system and serves a population of 5,000 to 7,499 shall employ as director a person who holds a bachelor's degree granted by an approved college or university upon the completion of four academic years of full-time study, or its equivalent as determined by the commissioner.

(3) A library which is a member of a public library system and serves a population of 7,500 or more shall employ as director only persons who hold the public librarian's professional or provisional certificate or a certificate of qualification. The library shall employ in all other professional librarian positions only persons who hold the public librarian's professional or provisional certificate, a certificate of qualification or a conditional certificate.

(4) A library which is not a member of a public library system and serves a population of 2,500 to 4,999 shall employ as director a person who holds a bachelor's degree granted by an approved college or university upon completion of four academic years of full-time study, or its equivalent as determined by the commissioner.

(5) A library which is not a member of a public library system and serves a population of 5,000 or more shall employ as director and in all other professional librarian positions only persons who hold the public librarian's professional or provisional certificate or a certificate of qualification. The library shall employ in all other professional librarian positions only persons who hold the public librarian's professional positions or provisional certificate, a certificate of qualification or a conditional certificate.

(b) If a registered public, free association or Indian library which employs at least the equivalent of 25 full-time persons who hold the public librarian's professional or provisional certificate, a certificate of qualification, or a conditional certificate shall find it impossible to appoint a holder of such certificate for a professional librarian position, other than director, requiring unusual background or education in a specialized subject field, the library board may submit to the commissioner a statement of the facts involved and request that the position be exempt from the provisions of subdivision (a) of this section. The commissioner, in his discretion, may grant an exemption for such appointment.

(c) Failure by the trustees of any registered library to meet these requirements or observe these regulations shall be deemed a valid reason for the rescinding or suspension of registration.

(d) To provide for uniformity and greater mobility from one position to a similar position in another system, the Library Extension Division shall, from time to time, set up uniform titles and requirements for comparable library positions.

(e) The commissioner may in his discretion excuse the default of a library board in employing a staff member not meeting the requirements of paragraphs (1)-(5) of subdivision (a) of this section and legalize the time so served.

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 25, 2013 -- asm