N.Y. Comp. Codes R. & Regs. tit. 8 § 90.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 90.4 - Central library services aid

(a) Definitions. As used in this section and Education Law §273(1)(b):

(1)Central library means the library so designated in the public library system's approved plan of service.

(2)Co-central libraries means the two libraries so designated in the public library system's approved plan of service.

(3)Approved plan of service means the public library system's plan of service submitted to the State Library pursuant to Education Law §272(1).

(4)Professional position means a position that requires a public librarian professional certificate pursuant to section 90.7 of this Part.

(5)Library materials and information resources means adult, juvenile, fiction, nonfiction, foreign language or reference materials in any format.

(b) Inclusion in plan of service. Pursuant to Education Law §273(1)(b) each public library system shall submit as part of their plan of service, in a form and by a date prescribed by the commissioner, proposals to show how the system will manage a central library services program. The elements and format of such a plan of service related to the central library services aid program shall be determined by the commissioner.

(c) Central library service program purposes:

(1) To acquire and make widely available library materials and information resources in multiple formats that will meet the needs of the residents of the public library system service area.

(2) To provide reference and information services to all residents of the system's service area.

(d) Eligibility criteria.

(1) In order to be eligible for State aid for central library services pursuant to Education Law §273(1)(b) a public library system shall:

(i) Operate under an approved plan of service pursuant to the provisions of Education Law §272(1);

(ii) Submit an approvable prior year library system annual report and current year budget;

(iii) Submit an approvable annual application for such formula aid;

(iv) Provide program assurances and information as requested by the commissioner;

(v) Provide that the central library or each of the two co-central libraries are open at least 55 hours per week including non-duplicative branch hours;

(vi) Show evidence of member library input; and

(vii) Assure that library materials acquired with central library services aid are:

(a) Owned by the public library system; and

(b) Located in the central library as designated in the approved plan of service of the system. If two co-central libraries are designated in such plan, the system shall determine the proportion of library materials assigned to each.

(2) In order to be eligible for designation as the central or co-central library, a library shall:

(i) Be designated as the central or co-central library in the approved plan of service of the public library system;

(ii) Provide an annual average of not less than 55 hours per week of service to the public, including non-duplicative branch hours, and not less than the number of hours each week required under section 90.2 of this Part;

(iii) Provide in the central library or in each of the co-central libraries at least two-full time professional positions financed from other than Federal or State funds, excluding budgeted positions vacant for more than 24 months;

(iv) Submit an approvable prior year library annual report;

(v) Participate in the development and implementation of the public library system's plans for central library services;

(vi) Pursuant to Education Law §272(1)(i), abide by maintenance of effort for central libraries and public library systems;

(vii) Abide by the public library system's approved free direct access plan; and

(viii) Provide a statement by the board of trustees of the central library or each of the co-central libraries to the public library system:

(a) Accepting designation as the central library or co-central libraries;

(b) Confirming the adequacy of the proposed central library services plan to meet system wide needs; and

(c) Confirming the commitment of the central library or co-central libraries to the implementation of such plan.

(e) Applications and reports.

(1) The commissioner shall determine the format and timetable for the submission of applications and reports.

(2) The commissioner may request any other reports that the commissioner shall deem necessary to carry out the purposes of this program.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 90.4

Amended New York State Register March 1, 2023/Volume XLV, Issue 09, eff. 2/13/2023

Adopted New York State Register March 29, 2023/Volume XLV, Issue 13, eff. 3/29/2023