Meeting of the Board of Regents | February 2009

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Cultural Education Committee

FROM:

Jeffrey W. Cannell

SUBJECT:

Amendment to Section 90.3 of the Regulations of the Commissioner of Education Relating to Coordinated Outreach Services, Family Literacy Library Services, and Adult Literacy Library Services

DATE:

February 27, 2009 

STRATEGIC GOAL:

Goals 2-5

AUTHORIZATION(S):

SUMMARY

Issue for Discussion

Should the Board of Regents amend section 90.3 of the Regulations of the Commissioner of Education to update and clarify certain terms relating to coordinated outreach services, family literacy library services and adult literacy library services.

Reason(s) for Consideration

To review current policy and make changes required by State statute.

Proposed Handling

The proposed amendment will be submitted to the Cultural Education Committee for discussion at the March 2009 Regents meeting and for adoption at the May 2009 Regents meeting.

Procedural History

Not applicable.

Background Information

The proposed amendment is needed to update certain terminology and to clarify procedural requirements in the Commissioner’s Regulations relating to the approval of public library systems, specifically the Coordinated Outreach Services, Family Literacy Library Services grant program (formerly the "enriched coordinated outreach programs"), and Adult Literacy Library Services grant programs, in order to conform to Education Law section 273, as amended by Chapter 57 of the Laws of 2005, Part O, and to accurately reflect the current implementation of the statute.

Specifically, the proposed rule adds the definition of “developmentally or learning disabled” to the special populations who are served by coordinated outreach.  The “Enriched coordinated outreach program” has been replaced with a more appropriate name, the “Family Literacy Library Services Grant Program.”  Current operations of library systems are more accurately reflected and references to obsolete practices and terms are omitted.

A Notice of Proposed Rule Making will be published in the State Register on March 4, 2009.  Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents. 

Recommendation

Not applicable.

Timetable for Implementation

The proposed amendment will be presented for adoption as a permanent rule at the May 2009 meeting of the Board of Regents.  If adopted at the May 2009 Regents meeting, the proposed amendment will become effective on June 11, 2009.

AMENDMENT OF SECTION 90.3 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to sections 207, 215, 254, 255, 272 and 273 of the Education Law.

1.  Subdivision (l) of section 90.3 of the Regulations of the Commissioner of Education is amended, effective June 11, 2009, as follows:

 (l) Coordinated outreach services. (1) Definitions. As used in this subdivision:

(i) Solely for the purposes of Education Law, section 273(1)(h), coordinated outreach services shall mean a planned and integrated program of library services designed to identify, contact and serve persons who are educationally disadvantaged, members of ethnic or minority groups in need of special library services, unemployed and in need of job placement assistance, living in areas underserved by a library, blind, physically [handicapped,] disabled, developmentally or learning disabled, aged or [confined in] residents of institutions.

(ii) .  .  .

(2) Eligibility criteria.  In order to be eligible for State aid for coordinated outreach services pursuant to the provisions of paragraph h of subdivision 1 of section 273 of the Education Law, a public library system shall:

(i) .  .  .

(ii) [amend] include in its plan of service, subject to approval by the commissioner, [to show] a description of how coordinated outreach services to persons who are educationally disadvantaged, members of ethnic or minority groups in need of special library services, unemployed and in need of job placement assistance, living in areas underserved by a library, blind, physically [handicapped,] disabled, developmentally or learning disabled, aged or [confined in] residents of institutions will be developed and implemented throughout the public library system service area. Such [amendment] description shall include, but not be limited to:

(a) identification of special populations to be served, including persons who are educationally disadvantaged, members of minority groups in need of special library services, unemployed and in need of job placement assistance, living in areas underserved by a library, blind, physically [handicapped,] disabled, developmentally or learning disabled, aged or [confined in] residents of institutions;

(b) .  .  .

(c) .  .  .

(d) .  .  .

(e) a description of cooperative efforts with representatives from Federal, State and local institutions; or

(f) [a description of expanded programming, use and maintenance of an optical scanner for use by the blind and physically handicapped in accordance with Laws of 1979, ch. 660; or

(g)] a description of system efforts to [implement section 504 of the Rehabilitation Act of 1973] assist libraries to comply with state and federal laws regarding coordinated outreach target populations;

(iii) certify that there will be employed [within] by the library system at least one full-time [certified] professional librarian who holds or is eligible to receive a New York State public librarian’s professional certificate with expertise in outreach services who shall administer the coordinated outreach program and assist persons who are educationally disadvantaged, members of minority groups in need of special library services, unemployed and in need of job placement assistance, living in areas underserved by a library, blind, physically [handicapped,] disabled, developmentally or learning disabled, aged or [institutionalized] residents of institutions in deriving maximum benefit from library resources;

(iv) appoint an advisory council of not less than 5 nor more than 11 members, which shall be composed of one director of a member library; representatives of agencies who serve the target population groups detailed below; and persons who are educationally disadvantaged, members of ethnic or minority groups in need of special library services, unemployed and in need of job placement assistance, living in areas underserved by a library, blind, physically [handicapped] disabled, developmentally or learning disabled, aged or [institutionalized, representatives of agencies serving such individuals within the system's service area, and one director of a member library] residents of institutions. Council members shall serve three-year terms[, provided that the first members of each council shall be appointed for terms of from one to three years so that, as nearly as possible, one third of the members of the council shall thereafter be appointed each year]. The council shall meet at least twice each year, shall advise the public library system and assist in the evaluation of activities in the coordinated outreach program; and

(v) submit to the [department] commissioner , in a [form] format and according to a timetable prescribed by the [department] commissioner , [an annual] a budget application and [project description of] narrative describing its coordinated outreach services program[, including budget information, prior year expenditure information, and narrative program information].

2.  Subdivision (m) of section 90.3 of the Regulations of the Commissioner of Education is amended, effective June 11, 2009, as follows:

(m) [Enriched coordinated outreach programs] Family literacy library services grant program.  (1) Definitions. As used in this subdivision and in Education Law, section 273 (1) (h) (3):

(i) [Enriched coordinated outreach] Family literacy library services grant programs shall mean any eligible services for preschool and school age children and their parents which are new or expanded library and information services beyond [what] those services  public library systems and/or their members are currently providing to the designated outreach population through their coordinated outreach plan.

(ii) .  .  .

(iii) Public library service program for family literacy shall mean any targeted projects or activities or library services which assist families to improve their literacy and pre-literacy skills and which are provided at no cost to the individuals served by library systems or member libraries.

(iv) Memberlibrary shall mean a chartered and registered public, free association or Indian library, as defined in section 253 of the Education Law, which is a member of a public library system.   

 (2) Eligibility criteria. In order to be eligible to apply for [State aid for enriched coordinated outreach] a family literacy library services grant pursuant to the provisions of section 273 (1) (h) of the Education Law, a public library system shall be operating under a plan of service which has been approved pursuant to section 272 of the Education Law. Libraries shall be chartered and registered pursuant to sections 254 and 255 of the Education Law. [Approved projects must be under the supervision of a professional librarian.]

(3)[Grants.  Funds appropriated for the purposes of Education Law section 273 (1) (h) (2) shall be allocated in individual project grants of not more than $50,000 each.

(4)] Application. Applications for a grant pursuant to this subdivision shall be in a [form] format prescribed by the [department] commissioner  and shall be submitted [by member libraries to their public library system, with a copy to the department. The system shall submit such applications to the department on an annual basis, with any comments from its director,] by a date prescribed by the [department] commissioner.          

[(5)] (4)Content of applications. Each application shall be in a [form] format prescribed by the commissioner. The commissioner may establish for a year or years, a theme, priority, or other parameter for [enriched coordinated outreach] family literacy library services grant projects.

[(6)] (5)Criteria for approval of application.  Approval offamily literacy library services grantapplications by the commissioner will be based upon the [amount of available funds and] degree to which each project demonstrates:

(i) .  .  .

(ii) documentationof a [special] need in the community for such a project;

(iii) that a qualified person will coordinate the [activities of the] project activities;

(iv) [careful planning] the quality of the project plan and community involvement;

(v) institutional commitment to providing [such] family literacy library services;

(vi) .  .  .

(vii) .  .  .

(viii) appropriate means for evaluation of the project including quantitative and qualitative measures and an explanation of how evaluation results will be used.

[(7)] (6) Allowable costs.  (i) Costs eligible for approval shall include the reasonable costs not to exceed the amount of the [grants] grant, of:

(a) library materials used to improve [enriched coordinated outreach] family literacy library services;

(b) equipment for use in providing [enriched coordinated outreach] family literacy library services;

(c) personnel expenses [for those projects in which a library system applies on behalf of member libraries] except for existing full-time library or library system staff;

(d) .  .  .

(e) contracting with independent contractors for the provision of services designed to assist [enriched coordinated outreach] family literacy library services;

(f) publicity designed to encourage participation of parents and children in need of [enriched coordinated outreach] family literacy library services;

(g) appropriatemeans for [project] evaluation of the project including quantitative and qualitative measures and an explanation of how evaluation results will be used; and

(h) such other costs as [are necessary to complete the project] may be approved by the commissioner.

(ii) Costs ineligible for approval shall include, but shall not be limited to:

(a) building modification or construction;

(b) overhead or administrative costs; and

(c) subsidizing personnel expenses for existing full-time library or library system staff. 

(8) Schedule of payment of State aid for [enriched coordinated outreach] family literacy library services.

(i) [90] Ninety percent payment of the grant amount awarded for approved costs will be paid following approval by the commissioner for funding.

            (ii) The remaining ten percent payment of the grant amount awarded will be paid after submission of satisfactory evidence establishing that the project has been completed in accordance with the approved application and after submission of a final project report approved by the [board of trustees of the public library system and by the] department.

3.  Subdivision (n) of section 90.3 of the Regulations of the Commissioner of Education is amended, effective June 11, 2009, as follows:

(n) Adult literacy library services grant program.(1) Definitions. As used in this subdivision and in Education Law, section 273(1)(h)(2):

(i) Adult literacy library services grant program shall mean a public library service program for adult literacy planned and operated in direct coordination with local public schools, colleges or other organizations which are operating similar adult literacy programs, which is designed to initiate, enhance or extend services to adults to increase their literacy skills.

(ii) .  .  .

(iii) .  .  .

(iv) Public libraryservice program for adult literacy shall mean any targeted projects or activities or library services which assist adults to improve their literacy skills and which are provided at no cost to the individuals served, by library systems or member libraries.

(v) .  .  .

(vi) .  .  .

 (vii) Member library shall mean a chartered and registered public, free association or Indian library, as defined in section 253 of the Education Law, which is a member of a public library system.

(2) Eligibility criteria. In order to be eligible to apply for [State aid for] an adult literacy library services grant pursuant to the provisions of section 273(1)(h) of the Education Law, a public library system shall be operating under a plan of service which has been approved pursuant to section 272 of the Education Law.  Libraries shall be chartered and registered pursuant to sections 254 and 255 of the Education Law.

(3) [Grants. Funds appropriated for the purposes of Education Law, section 273(1)(h)(2), shall be allocated in individual project grants of not more than $20,000 each, following approval of an application and plan pursuant to paragraph (4) of this subdivision. Nothing in this paragraph shall preclude a public library system from receiving an individual project grant during the same year in which one or more of its member libraries are awarded such a grant.

(4)] Application [and plan]. (i) Applications for a grant pursuant to this subdivision shall be [submitted to the department on an annual basis,] in a [form] format prescribed by the department [,] and shall be submitted by a date prescribed by the [department] commissioner. [For any project in which the adult literacy services program is to be carried out by one or more member libraries, the board of trustees of the public library system shall submit separate recommended project applications or a composite application on behalf of the member libraries.

(ii) The board of trustees of the public library system shall rank the approved applications from its system service area in order of greatest need as determined by such board of trustees.

(iii) Each public library system submitting one or more applications on its own behalf and/or on behalf of member libraries shall submit a plan for public library service programs for adult literacy. Such plan shall be in a form prescribed by the commissioner.]

[(5)] (4)Content of applications. Each application shall be in a [form] format prescribed by the commissioner.  The commissioner may establish for a year or years a theme, priority, or other parameter for adult literacy library services program grant projects.  

[(6)] (5)Criteria for approval of an application. Approval of adult literacy services applications by the commissioner will be based upon the degree to which each project demonstrates [to the satisfaction of the commissioner]:

(i) [that it will be effective in improving adult literacy services in the public library system service area;

(ii)] direct coordination with one or more [participating] public schools, colleges or any organizations which offer similar adult literacy services;

[(iii)] (ii) a good balance between service provision and collection development;

[(iv)] (iii)documentation of a [special] need in the community for such a project;

[(v)] (iv) that a qualified person will coordinate the project activities [of the project];

[(vi)] (v) [careful planning] the quality of the project plan and community involvement;

[(vii)] (vi) institutional commitment to providing [such] adult literacy library services; [and]

(vii) potential to be replicated;

(viii) description of a means for disseminating information about project design, implementation and results; and

[(viii) the provision of library services in communities which are geographically isolated.]

(ix) appropriate means for evaluation of the project including quantitative and qualitative measures and an explanation of how evaluation results will be used.

 (6)Allowable costs. (i) Costs eligible for approval shall include the reasonable cost not to exceed the amount of the grant, of:

(a) .  .  .

(b) equipment for use in providing adult literacy library services;

(c) personnel expenses [for those projects in which a library system applies on behalf of member libraries] except for existing full-time library or library system staff;

(d) .  .  .

(e) .  .  .

(f) publicity designed to encourage participation of adults in need of adult literacy services; [and]

(g) appropriate means for evaluation of the project including quantitative and qualitative measures and an explanation of how evaluation results will be used; and

[(g)] (h) such other costs as may be approved by the commissioner.

(ii) Costs ineligible for approval shall include, but shall not be limited to:

(a) .  .  .

(b) .  .  .

(c) subsidizing personnel expenses for [projects in which the library system is the applicant and will carry out the project] existing full-time library or library system staff.

 (7)Schedule of payment of State aid for adult literacy library services. 

(i) Ninety percent payment of the grant amount awarded for approved costs will be paid following approval by the commissioner for funding.

(ii) The remaining 10 percent payment of the grant amount awarded will be paid after submission of satisfactory evidence that the project has been completed in accordance with the approved application and after submission of a final project report approved by the [board of trustees of the public library system and by the] department.

[(9) Reports. (i) Upon completion of any project operated by a public library system which receives a grant pursuant to Education Law, section 273(1)(h)(2), the board of trustees of such library system shall submit a final project report to the commissioner in a form prescribed by him, by such dates as the commissioner shall prescribe. Such report shall contain such data as the commissioner may require.

(ii) Upon completion of any project operated by a member library, the board of trustees of the member library shall submit a final project report as described in subparagraph (i) of this paragraph to the board of trustees of the public library system for approval. Following approval or disapproval, such report shall be submitted to the commissioner by the public library system.]

PROPOSED AMENDMENT OF SECTION 90.3 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION, PURSUANT TO EDUCATION LAW SECTIONS 207, 215, 254, 255, 272 AND 273, RELATING TO PUBLIC LIBRARY SYSTEMS

SUMMARY OF THE PROPOSED RULE

The Board of Regents proposes to amend section 90.3 of the Regulations of the Commissioner of Education, effective June 11, 2009.  The proposed amendment is necessary to update certain terminology and clarify procedures relating to coordinated outreach services, family literacy library services and adult literacy library services. 

Section 90.3(l), relating to coordinated outreach services, is amended to add "developmentally or learning disabled" to the special populations who are served by coordinated outreach; to require that the plan of service include a description of efforts to assist libraries to comply with state and federal laws regarding coordinated outreach target populations; to delete a requirement that the plan of service include a description of expanded programming, use and maintenance of an optical scanner for use by the blind and physically handicapped in accordance with the Laws of 1979, Chapter 660; to replace the requirement that the system employ at least one full-time "certified professional librarian", with "professional librarian who holds or is eligible to receive a New York State public librarian's professional certificate"; to specify that the advisory council be composed of one director or a member library, representatives of agencies who serve the target population groups detailed below; and persons who are educationally disadvantaged, members of ethnic or minority groups in need of special library services, unemployed and in need of job placement assistance, living in areas underserved by a library, blind, physically disabled, developmentally or learning disabled, aged or residents of institutions; and to specify that a budget application and narrative describing a public library's coordinated outreach services program be submitted in a format prescribed by the department.

Education Law section 90.3(m), relating to enriched coordinated outreach programs, is amended to retitle such programs "family literacy library services grant programs"; to define "public library service program for family literacy" and "member library"; to delete a requirement that approved projects be under the supervision of a professional librarian; to specify that grant applications be submitted a format and according to a timetable prescribed by the commissioner; to include within the criteria for approval of an application:  documentation of a need in the community for such a project, the quality of the project plan, and appropriate means for evaluation of the project including quantitative and qualitative measures; to exclude within eligible costs, personnel expenses for existing full-time library or library system staff; to include within eligible costs, appropriate means for project evaluation including quantitative and qualitative measures and an explanation of how evaluation results will be used, and such other costs as may be approved by the commissioner; to specify that costs ineligible for approval shall include, but shall not be limited to:  (1) building modification or construction, (2) overhead or administrative costs; and (3) subsidizing personnel expenses for existing full-time library or library system staff.

Education Law section 90.3(n), relating to adult literacy services, is amended to retitle such services as "adult literacy library services grant program";  to define "public library service program for adult literacy" to mean any targeted projects or activities or library services which assist adults to improve their literacy skills and which are provide at no cost to the individuals served, by library systems or member libraries; to define "member library" to mean a chartered and registered public, free association or Indian library, as defined in section 253 of the Education Law, which is a member of a public library system; to specify that libraries shall be chartered and registered pursuant to Education Law sections 254 and 255 in order to be eligible to apply for grants;  to specify that grant applications be submitted in a format and according to a timetable prescribed by the commissioner; to specify that the commissioner may establish a theme, priority, or other parameter for adult literacy library services program grant projects; to include among the criteria for approval of an application, documentation of a need in the community for such a project, the quality of the project plan and community involvement, the potential to be replicated, description of a means for disseminating information about project design, implementation and results, and appropriate means for evaluation of the project including quantitative and qualitative measures and an explanation of how evaluation results will be used; to exclude within eligible costs, personnel expenses for existing full-time library or library system staff; to include within eligible costs, appropriate means for project evaluation including quantitative and qualitative measures and an explanation of how evaluation results will be used; to specify that costs ineligible for approval shall also include, but shall not be limited to, subsidizing personnel expenses for existing full-time library or library system staff; and to delete requirements for the submission of a final project report upon completion of a project by a public library system or member library.