Amending Minimum Standards -- CR90.2
| Regents Act to Amend CR 90.2 | Proposed Amendments | Fall 2017 Survey Results | Background |
Board of Regents Act to Amend Standards for Registration of Libraries and Conservation and Preservation of Library Research Materials Regulations
Public Comments Accepted Through June 25
Posted to NYLINE May 14, 2018
The New York State Board of Regents acted at their April 2018 meeting to amend Regulations of the Commissioner related to Standards for Registration of Libraries (CR 90.2) and the Conservation and Preservation of Library Research Materials Program (CR 90.16).
The amendments are intended to update and clarify terminology relating to standards for registration of public, free Association and Indian libraries. The timeline in the proposed amendment calls for the “current” standards to expire December 31, 2020 and the “new” updated standards to take effect as of January 1, 2021.
The amendments will also implement Education Law §273 (7), as amended by Chapter 362 of the Laws of 2013 relating to the conservation and preservation of library research materials.
A Notice of Proposed Rule Making for the proposed amendments to CR 90.2 and CR 90.16 was published in the State Register on April 25, 2018. See pages 24-27. 
Following the 60-day public comment period, which will end June 25, it is anticipated that the proposed amendments will be adopted as a permanent rule at the July 2018 Regents meeting. If adopted at the July Regents meeting, the proposed amendment will become effective as a permanent rule on August 1, 2018.
Proposed Amendments
During early 2018, the State Library worked with State Education Department attorneys to develop materials for consideration by the Board of Regents. Draft regulatory language was shared with the public library systems, NYLA, the Library Trustees Association and the Regents Advisory Council on Libraries. The Board of Regents acted upon the proposed amendments during the April 2018 Regents meeting. See the Memo for April 2018 Regents CE meeting http://www.regents.nysed.gov/common/regents/files/418ced2.pdf
In February, additional data was gathered from the public library systems and from 2016 library annual reports regarding potential cost impacts of the proposed updates. The largest impact appeared to be for proposed Standard 10. The estimated statewide costs, provided by public library systems, was approximately $75,000 total.
- Standard 8 -The updated terminology and wording clarifications in this standard were requested by the field. All public libraries reported in 2016 that they have a restroom that is available to the public. The addition of power and data infrastructure to the wording of this standard is an updating of the terminology, and should not have any out of the ordinary additional cost impact for libraries in terms of compliance with the minimum standard. All public libraries have a building. All public libraries report that they offer internet access for the public.
- Standards 9 and 11 – There are no cost implications for these two standards. Programming and partnerships do not require any additional costs. All but 5 of the 756 public and association libraries in NYS reported in 2016 that the library offers programming for the public.
- Standard 10 – Circulation system – The public library systems report that there are 22 libraries (out of 756) in NYS that do not already have a circulation system. Most of the libraries reporting no automated circulation systems are very small and are located in rural areas (North Country, Southern Tier). Most, perhaps all, would be participating in the automated circulation system operated by their public library system. The public library systems are already working closely with their members to address this issue by 2020. Projected cost to the local libraries on average to participate in the public library systems integrated automation network would be between $1,000 and $3,000 per library per year. The cost varies from system to system, and in part is based on how many items are checked out. This amount does not include costs for library or library system staff time.
- Standard 13 - annual technology training for staff as appropriate to their position - this type of training is available at no cost to local public libraries – available from their public library system and also available online. Cost benefit to the library of having trained staff will be considerable.
Summary of Fall 2017 Statewide Survey Results
On November 7, 2017, an online statewide survey requesting feedback on proposed changes to Commissioner’s Regulations CR90.2 Standards for Registration was posted to NYLINE (nearly 3,000 readers) and was also cross-posted and shared with other lists. The online survey was open from November 7 through December 21, 2017. Summary of results:
- 290 Respondents - 45% trustees; 44% library staff; 4% system staff; 7% other.
- In terms of overall support – 214 people total answered this question. Over 85% of the 214 respondents are supportive of the proposed amendments as presented. 42% of the 214 said they “strongly support.” 3% indicated that they did not support the changes at all.
- Some respondents, while supportive of the proposed changes, expressed concerns about implementation, particularly for some very small, rural libraries that may need additional technical assistance/support from their public library system.
- Respondents noted that the proposed multi-year implementation timetable, the continued availability of variances and the availability of public library system staff expertise and ongoing support are all helpful strategies in addressing the concerns about small, rural libraries.
Background
A sample copy of the survey in PDF format [90k] (Note: this survey closed on December 21, 2017, and is no longer available online.)
What steps led to the updating of library standards?
The Regents Advisory Council on Libraries (RAC), the New York State Library, the Public Library System Directors Organization (PULISDO), the New York Library Association (NYLA), and the Library Trustees Association of New York State (LTA) are committed to improving public library services. These statewide organizations work in partnership with each other and work with libraries, library systems, trustees and other library supporters on many important policy issues including policies that will help assure equivalent levels of access to library services and resources through Minimum Standards for Public Libraries in New York State.
Commissioner's Regulation 90.2 Standards for Library Registration (also referred to as the minimum standards) was last updated twenty years ago. As described below, under PULISDO’s expert leadership, the RAC, the State Library, PULISDO, NYLA and LTA discussed possible updates for the minimum standards. Success for all libraries, with improved service for customers, is one of the highest priorities of all the partner organizations that worked together in developing these new library standards.
Together, Education Law 254 and CR90.2 provide baseline definitions of what it means to be a public and association library in New York State. Many of New York’s libraries far exceed the “new” standards, as our State is home to some of the finest libraries in the nation, indeed the world. However, for newly established libraries or those libraries that may not comply initially, the registration standards include provisions to help all libraries succeed in meeting these baseline definitions – including a multi-year phased-in approach to implementation and provisions for variances. In addition, a planned update of the publication Helpful Information for Libraries in Meeting Minimum Public Library Standards, targeted education programs and technical assistance for libraries from PULISDO and partners, and continued collaborative efforts to secure additional local and State funding for improving library and library system services will help to ensure success.
How were these proposed changes developed?
Since 2015, PULISDO has taken the lead in developing proposed changes in Minimum Standards for Public Libraries in New York State. A PULISDO Ad-hoc Committee appointed by the PULISDO Executive Board and led by Wanda Bruchis, Mid York Library System and Rebekkah Smith-Aldrich, Mid-Hudson Library System (co-author of the Handbook for Library Trustees of New York State) engaged in extensive background research and analysis, including discussions with key stakeholders such as the State Library, NYLA and LTA about ideas for proposed changes to the library standards. Public library system directors discussed the Committee’s recommendations in depth, shared draft proposals with member libraries and partner organizations to gather input prior to the development of a final draft. The proposed amendments to Commissioner’s Regulations reflect the outcomes of these local, regional and statewide discussions.
An initial DRAFT document dated August 31, 2017, was shared with the State’s 756 library directors and managers. The State Library received fourteen comments and, after consultation with PULISDO, NYLA and LTA, subsequently amended that initial draft document to remove a requirement in Standard 8 for assistive listening devices. The November 1, 2017, draft reflects this change.
How can I get more information?
Questions about the current library standards, the proposed changes in the November 1 version of the DRAFT document and the development process may be directed to your public library system director. http://www.nysl.nysed.gov/libdev/libs/brochurp.htm.
(Following is the preliminary draft of proposed amendments, which has since been superseded by the reformatted documents presented to the Board of Regents on April 25, 2018.)
DRAFT, November 1, 2017: Proposed Changes to §90.2 of the Regulations of the Commissioner of Education; Standards for Registration of Public, Free Association and Indian libraries
Background: This document presents proposed amendments to CR 90.2 that address Recommendations #41 and #48 in: Creating the Future: A 2020 Vision and Plan for Library Services in New York State. Other pertinent Creating the Future recommendations addressed in part by these proposed amendments are cited throughout. The use of the term “public library” is inclusive of public, free association and Indian Libraries. The State Library, PULISDO (the Public Library System Directors Organization), the New York Library Association and the Library Trustees Association of New York State worked in partnership to develop these proposed amendments. Over a two-year period, PULISDO leadership engaged in background research and led discussions with key stakeholders about proposed changes to minimum standards for public libraries. Public library system directors shared draft language with member libraries to gather input. The proposed amendments to Commissioner’s Regulations presented herein are the result of those local, regional and statewide discussions. |
NOTES:
- Bold green text is text to be added
[strike-through red]text is text to be deleted
| Current Regulation with Proposed Changes | Explanation for Proposed Changes |
|---|---|
(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 define the structure and governing functions (2) has a community-based, board-approved, written long-range plan of service developed by the library board and staff; (3) provides (4) has board-approved written policies for the operation of the library, reviewed at least every five years or as required by law or regulation; (5) (6) periodically evaluates the effectiveness of the library's programs, services and collections to address community needs, as outlined in the library’s long-range plan of service |
(1) Language changes to paragraphs (1), (2), (3), (4), (5) and (6) are intended to clarify the library board’s roles and responsibilities and to better align with the Handbook for Library Trustees in New York State. (Recommendations #43, 52). |
| (7) is open the following scheduled hours: ... | (7) No change. |
| (8) maintains a facility that addresses community needs, as outlined in the library’s long-range plan of service |
(8) Library spaces and restrooms should be available for use by all library customers, including those with challenging physical conditions. In addition to complying with Standard 8, all public and association libraries should follow the requirements of the federal Americans with Disabilities Act Guidelines for Buildings and Facilities. (Recommendations #4, 28, 29) |
| (9) provides programming to address community needs, as outlined in the library’s long-range plan of service; | (9) This is a new standard. In New York State, public libraries are chartered by the Board of Regents as education corporations. As members of the University of the State of New York, and as community-based education institutions, public libraries have an important and unique role to play in meeting the education needs of their communities. This includes the provision of library programming that addresses the needs of lifelong learners of all ages. A focus on public library programming for youth is key to student achievement, college and career readiness and engages new generations of library users. Civic engagement, digital learning and literacy, workforce development and sustainability are some other key areas for programming that demonstrate the importance of libraries in the lives of New Yorkers. (Recommendations # 24, 26, 28, 41). |
| (10) Twenty-first century libraries should be automated and connected to facilitate improved customer service and resource sharing. Today, modern technology and telecommunications products have a rapid life cycle, so specific tools and products are no longer delineated in the minimum standards. As community anchor institutions, local libraries are often the only source of free, high-speed internet access in the community. Libraries should plan to increase broadband speeds and infrastructure regularly to keep pace with changing technologies and community needs. All library facilities should provide high-speed wireless access to the internet so library customers may use their own devices. (Recommendations #4, 28, 29, 39) | |
| (11) Language to clarify that basic information about the library, its governance and its services should be available to the community both in print and online. Increasingly library customers are making use of mobile and other technologies to access library resources and information. It is critical that every library have a vibrant, online presence that actively promotes the library and its services and that offers user-friendly access on a 24/7 basis. (Recommendations #1, 41, 59) | |
| (12) No change. | |
| (13) provides library staff with annual technology training, appropriate to their position, to address community needs, as outlined in the library’s long-range plan of service; | (13) This is a new standard. Without trained staff, the public’s ongoing investment in new library technologies has decreased value. Library systems can play a critical role in providing technology training for local library staff. (Recommendations #6, 36, 44). |
| (14) establishes and maintains partnerships with other educational, cultural or community organizations which enable the library to address the community’s needs, as outlined in the library’s long-range plan of service. | (14) This is a new standard. Twenty-first century libraries recognize that collaboration and partnerships with other organizations such as local school districts, museums, historical societies, institutions of higher education, governmental agencies and local community groups are critical foundations for long-term sustainability and community impact. (Recommendations #3, 9, 14, 20, 24, 25, 27). |
(b) Any public, free association or Indian library registered by the department at the time this section takes effect or applying for registration prior to January 1, 2021 shall be required to meet the standards for registration in subdivision (a) of this section on the following schedule: |
(b) A phased-in approach to the implementation of these new minimum standards provides library boards with time to obtain the additional resources and expertise needed for implementation. Libraries will be required to meet the current minimum standard until the new standard is scheduled to take effect. |
(1) meet the standards of paragraphs (1) through (7), and (12) of subdivision (a) of this section on or before January 1, 2020. (2) meet the standards of paragraphs (8), (9), (10), (11), (13) and (14) of subdivision (a) of this section on or before January 1, 2021. |
NOTE: new (b)(1) and (b)(2) replace the previous (b)(1), (b)(2) and (b)(3). |
| (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. | (c) No change. |
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