Free Direct Access
Proposal on Free Direct Access Policy
Questions and Answers
Q. Under the State Education Department’s proposal on Free Direct Access Policy, may a library or a library system charge individuals or families living outside of the system’s service area for a library card?
A. Yes, Commissioner’s Regulation 90.3 pertains only to those people living within the geographic boundaries of the library system’s service area.
Q. If a library board or a system board is charging individuals or families for library cards now, may they continue to do so until the system develops a plan for free direct access?
A. The proposed regulations will continue to prohibit the charging of individuals or families for library cards as CR 90.3 has in the past. If approved by the Regents, the SED proposal would mean that libraries and their systems will need to work together within the framework of the revised regulations to develop alternatives to charging for library cards.
Q. How much time does the system have to develop a plan and get the plan approved after the regulation is passed?
A. The Department has not yet determined a specific time frame. Library Development will seek recommendations from the systems on a reasonable timeframe to develop a plan.
Q. What happens if a library system cannot get approval of 2/3 of the members on a system plan for free direct access?
A. The system and its members keep trying until they develop a plan they can all live with. If they cannot agree then the problem should be referred to the Commissioner. Library Development staff will work with the system and membership to develop a plan. In an extreme case where the system and members cannot agree on a plan then the Commissioner may impose a plan.
Q. What happens if a library continues to charge individuals or families for library cards after the system plan has been developed?
A. In the case of a library charging for library cards, the system would notify the library board that the library is in violation of both 90.3 and the system approved plan and must stop charging. If the library continues to charge, the system will go through the process of revoking that library‘s system membership. The library would no longer receive system services or support. The library would be ineligible to receive Local Library Services Aid and would not be eligible for most New York State Library discretionary grant programs. The library remains chartered and registered and is able to accept public funds.
Q. What happens if the system does not remove the library from system membership?
A. The system could lose its state aid and its ability to apply for Federal aid and other New York State Library discretionary grant programs.
Q. What happens if a system board continues to charge system residents for system library cards?
A. The system could lose its state aid and its ability to apply for Federal aid and other New York State Library discretionary grant programs.
Q. Can the system board, on behalf of its membership, apply to the Commissioner for a system-wide variance to withhold library services to all jurisdictions serving populations of fewer than 10,000 that do not choose to establish a library or contract for library services?
A. No, this type of request will only be considered on a library-by-library basis. An individual library must demonstrate overuse from a specific jurisdiction or jurisdictions. There will not be any system-wide variances for this type of request. Each such request from an individual library must be approved by 2/3 of the system members.
Q. How will this revised regulation effect Central and CoCentral libraries?
A. Central and CoCentral libraries will still be required to make available, on an unrestricted basis, all services and materials purchased with Central Library Development Aid and Central Library Book Aid. Central and CoCentral libraries will be able to restrict access to those items and services purchased or supported with local funds if those restrictions are outlined in the system’s plan and agreed to by 2/3 of the members.
Q. What happens if a library would like to request a variance from the Commissioner to restrict materials or services that are outside the regulation, but the library cannot get support from 2/3 of the member libraries?
A. The library may not implement the restriction without approval of 2/3 of the member libraries. With approval of 2/3 of the members, a system may apply for either a system-wide or library-specific variance to restrict materials or services that are outside the regulation. The variance request must demonstrate why such materials or services should be restricted.
Q. Will the system lose state aid if a member library drops out of the system?
A. No. If the system is acting in compliance with proposed CR 90.3 and with Education Law §272 (1)(c) and a library withdraws its membership in the system, the system will not lose state aid.
Q. What happens if a library withdraws from a system?
A. The library is no longer eligible for system services, will not receive Local Library Services Aid, and will not be eligible for most New York State Library discretionary grant programs. The library remains chartered and registered and is able to accept public funds.
Q. If a municipality doesn't have a library but contracts with a neighboring library, is it considered served or unserved?
A. Unserved. Only areas within the chartered service area of a library are considered served by the State Education Department.