School Libraries

First things first: whether a school board trustee, superintendent, principal, teacher, substitute, or volunteer, everyone must abide by the requirements of FERPA, Education Law Section 2-D, and CPLR 4509, each of which restrict access to library user records.

FERPA restricts access to education records on a “need to know” basis, even for employees.

Education Law Section 2-D restricts access to confidential student information.

CPLR 4509 restricts access to library user records, including those of minors.

Of course, knowing the law is different than following it. Plus, the scenario presented requires consideration of an additional factor: the substitute is a parent who’s looking at their child’s information.

Under the Education Law and FERPA, a parent has a right to inspect their child’s education record, and that is often interpreted to include their school library records.[1]

But! The right to inspect a record is not the same as using employee access to view a record for personal reasons. Unless district policy says otherwise,[2] a school employee taking advantage of their employee privileges to specifically access their child’s records is inappropriate.

Most people—including many teachers—are unaware of the additional layers of protection for library user records in New York State. Substitute teachers assigned to a school library might be given minimal information, and if the library is using volunteers, there may be even more reason to be cautious.[3] For this reason, a posted sign at the staff computer(s) could help emphasize the law and your library’s policy.

Here is sample language:

Use of this computer is limited to checking out and returning students’ selections and answering student questions. Accessing student library records for personal reasons is prohibited by privacy laws and district policy. Confidentiality of library services is an important part of library ethics and our school library system’s policies. If you have questions about this policy, please see [Media Specialist].

Or, if you want to have a more light-hearted approach:

Thank you for helping out today!

Just a few things we have to say:

Library user privacy

Means there are things you cannot see.

We only use the computer system

To check out items and return them.

If a student makes an inquiry

We handle it confidentially.

Borrowing records, what’s checked out

Can’t be casually talked about.

If you have a question about this list

Please ask the Media Specialist.

So welcome to our library crew!

Service with ethics is what we do.

Whenever possible, discussing policy guidance and signage like this with a supervisor and/or building principal, so they can back you up in the moment, is a wise idea.

In 2026, standing up for privacy and respect for laws governing electronic access to data grows more critical every day. Care on this topic is a sign of professionalism.[4]

Many thanks to the member for a thoughtful and important question.

[1]^ For more information, see Patron Confidentiality in School Libraries.

[2]^ I can’t imagine a district policy allowing this, but I have learned to never say never.

[3]^ For more, see Adult and Student Volunteers in School Libraries.

[4]^ Is standing up for privacy with doggerel poetry a sign of professionalism? I’ll leave that up to you.

Thank you for your kind words. We’re going to address this question in three chunks:

• Displaying Student Work (putting the work in hallways);
• Using Student Work (in “promotional materials, social media postings, BOCES and Component District publications, general communication, curriculum writing, plus many other examples”); and
• Solutions (because that is what is requested).

Displaying Student Work

Just last week, I went to my 11-year-old daughter’s art show at her school, where two works (a collage and a self-portrait) were on display with the work of other students grades 5 through 8.

I watched as the students and their families looked over their work, praising, critiquing,[1] and learning together. The art teachers were there, smiling and commenting.

I knew from my daughter that the students had been working on their submissions all year and saw this show as the culmination of a long learning experience.

It sounds like the students referred to in this question are getting a similar benefit. The display is not mere decoration; it is part of an educational experience that teaches creation with an aim to display. I imagine that often, this connects to many learning outcomes in the curriculum.

When display of the work is part of the educational experience, no permission is needed to display the work, because subsection (1) of Section 110 of the Copyright Act allows it.

Section 110 of the Copyright is a broad collection of exceptions to copyright infringement, often in excess of what is allowed by Section 107 (“Fair use”). An excellent commentary on the rights created by 110 can be found here, in the “Notes” tab: https://www.law.cornell.edu/uscode/text/17/110.

For people who want extra credit, I encourage reading the full “Notes” at that link, but for the current question, what’s important is that 110 (1) says:

Notwithstanding the provisions of section 106, the following are not infringements of copyright:

(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction...

While generally this refers to the work of third parties (like reading a poem by Marquis Burton during a class on poetry), it does apply to student work if the culminating experience of the work being on display is part of the educational experience.

Of course, just because something is legal doesn’t mean it is appropriate; as the member’s question points out, the school wants to empower and respect the students, not outfox them on an obscure point of copyright law.

To ensure awareness and respect, schools use opt-in and opt-out forms, as mentioned in the question.

Which brings us to the next part of the question.

Using Student Work

Every single example here (promotional materials, social media postings, BOCES and Component District publications, general communication, curriculum writing) requires written permission of the author,[2] without exception, and when the author is a minor, permission of their parent or legal guardian.

This is where the “opt-in” form mentioned in the question is a great tool.

My favorite thing about this type of form is not that it is used as a mini-contract to get appropriate permission to use student work[3] but rather that it can be used to educate students on their rights as a creator and copyright owner, which brings us to...

Solutions

Below is sample language[4] for a form securing permission to use student work in various media and educating students and their families about their rights.

[Letterhead]

[Date]

Dear student and family:

Our [type] display of student work is approaching!

This form is for two things: display of student work at the show and use of student work in other places.

Please review it carefully and send it back in by DATE.

DISPLAY AT THE SHOW

As a student creator, a student owns the copyrights to their work. Just as important, both state and federal law protect student privacy.

Our [art show/course/class] will allow students to participate in the full experience of creating and displaying creative work.

Because students have the right to control their creative works and have a right to privacy, if a student wants to OPT OUT of the display of their work, they may do so. Otherwise, because this is an educational experience, the work will be displayed, and we will have a show on DATE. Students will not be penalized for choosing not to show their work.

To opt out of their work being displayed, the student can check the below section. It is not necessary to return a signed form in order to participate in the [show/display].

[  ] I OPT OUT of my work being displayed at the school. I understand I will not be penalized for this choice, and I know I can change my mind.

Signed by student: _______________________________

Acknowledged by parent:_______________________________

USE OF YOUR ARTWORK

Because your work is special, the school and our BOCES would like to be able to use it in promotional materials, social media postings, publications, general communications, curriculum writing, and in other places. We will credit you as the student artist!

If you consent to this use of your work, please sign the release below.

STUDENT: I consent to the use of my work in different places.

Signed by student: _______________________________

PARENT/GUARDIAN: On behalf of the student, I also consent to use of their work in different places by the school and BOCES.

Signed by parent:_____________________

To the student: please know that once you are 18 years old, you can revoke this permission at any time; just send the school a note, and if the image is still being used, we will stop using it from that point on.

Thank you!

Conclusion

I know that form is A LOT, but the good news is that if it isn’t returned, it simply means the student’s work is in the show, but they haven’t given permission for it to be used in any other ways.[5]

The experience of preparing creative work for display can be a key educational experience. Using those moments to educate students (and their families) about their rights can enhance their learning experience and empower them.

While copyright can be obscure,[6] experience shows that students who must contend with challenges in life—exceptional learning needs, behavior concerns, etc.—may end up being powerful generators of intellectual property. Students going into trades after career and technical education are very likely to become small business owners and will benefit from learning, early on, that they will own their business names,[7] any designs they might prepare for work,[8] and other work they author as they conduct their business. Early education on these concepts will help them for decades after.

Of course, the member who sent this is knows all this, which is why they asked such an important and thoughtful question.

Thank you!

It is hard to be a union rep. Teachers and other educators have a wide variety of regulations they must abide by. What is important to remember is that within those parameters, school libraries have even more requirements and limits.

Here are the important things for an attorney or union rep negotiating or advocating for a school librarian to know:

Public school libraries are required by law.[1]

Public school librarians (or “media specialists”) are required by law.[2]

Public school librarians must meet specific regulatory criteria.[3]

Public school library materials are NOT curricular materials.[4]

Librarianship is constantly evolving! School librarians should be provided with adequate annual professional development training.

Public school librarians have an obligation to uphold the values in the New York State Education Department “School Library Program Rubric” below.

"Intellectual freedom” includes the right of students to have access to school library materials and services.

A student’s library records are confidential under FERPA as well as under state law.[5]

If a district uses student device-monitoring software, the software must be able to omit consideration of library materials from its monitoring.

A librarian is ethically obligated to maintain the confidentiality of a student’s library records.

Every school district should have a robust and well-thought-out “school library materials policy” governing selection, procurement, cataloging, lending, concerns, re-evaluation, and removal of library materials.[6] 

A district’s policies and procedures should honor the legal obligations, professionalism, and qualifications of your school librarians and media specialists. 

A school librarian with ethical and legal compliance concerns should have, if at all possible, access to their school district’s lawyer, so they can confidentially share those concerns and work to resolve them.

Ad hoc decisions about curricular and library materials imposed without consulting policy can lead to legal claims, creating unnecessary media attention, community tension, and expense for school districts. For a good primer on this, review the NYSED Commissioner Decision 18,402.[7]

School librarians must not be required to work under these conditions:

• Library staff are directed to keep “controversial” books in the collection but move them off the shelves and into a storeroom;
• Books in the collection are stigmatized by making them available “by request only;”
• Parents and guardians with concerns are told that library material will be removed and are not referred to the relevant policy for lodging a complaint or requesting that material be re-evaluated;
• Staff are instructed that certain books may only be checked out after obtaining parent/guardian consent;
• Lists of books checked out by students are shared in excess of what professional ethics, FERPA and CPLR 4509 (regarding privacy) allow;
• Staff are directed to avoid selecting a certain “type” of material, even if that material is otherwise appropriate per the district's materials policy; or
• Library collection content is prohibited based on political or identity-based factors.

It is good for the district, its employees, and their union to build an administrative and educational team that is READY to respond to concerns about library materials.

Librarians should be assured of protection from retaliation for performing their jobs as required by law and policy and should be supported by their union through any grievance or disciplinary proceeding based on same.

Just a short list!

This is a very serious concern.

Use of such monitoring software (such as GoGuardian’s Beacon, Google’s Gaggle, and others) is growing rapidly.[1]

Each technology works differently, but the common function is constant monitoring of searches and content on student devices, to be alert for signs of potential danger.  When such potential signs are detected, both AI and real people are used to provide further assessment and intervention.

Deployed properly,[2] such software has been shown to be somewhat effective.[3]  But in New York State, as of January 22, 2025, it seems to have been deployed without much overt consideration[4] of a student’s right to confidentially use the school library.

A student’s right to privacy when using a school library is built into governing ethics, educational standards, law, and regulations.[5] It is often also assured by the policies of a particular school district.[6]

As is often the case with rapidly developing technology, it looks like the adoption of the tech may be outpacing the consideration of all relevant legal factors, including how such software will be programmed to not violate the private use of the school library for research and information access.

In the K-12 environment, this is a delicate balance.  While schools are allowed to access student education records[7] and library records[8] under particular circumstances, the wholesale monitoring of such records is a violation of the law and the ethics of library privacy. In addition, it is quite possible that students will research or access school library e-content that may “trip” the search terms, and, without a careful effort to exclude library searches and content, the software could yield a false positive… along with a privacy violation.

Where does this leave school librarians?

Since the way this plays out may change from software to software and from district to district, and different districts are in different phases of considering or using such software, it is hard to say. Below is an array of possible actions a school librarian can take to raise a concern:

This is an important—even vital—topic. While the goal of student device-monitoring software is laudable, improper deployment of such technology can be a disaster. Proper deployment should consider all privacy obligations owed to the students being monitored. While there is not one solution to such a consideration (because the technology will vary from product to product), such assurance is also vital.

Thank you for an important question. “Ask the Lawyer” will be alert for further developments on this emerging topic.

School libraries operate as part of a public school.[1] In New York’s public schools, volunteers who will work in curricular operations (classes, library, gym, etc.) need to be vetted per school district policy. These days that usually involves a background check, but it will vary from district to district.[2]

The privacy of a student’s school library records (borrowing records, library computer searches) are confidential under several laws:

• The Family Educational Rights and Privacy Act (FERPA)
• New York State’s Civil Practice Law & Rules (CPLR) Section 4509
• New York State Education Law Section 2-d

The issue has also recently become more complicated as students use school-provided technology which is not configured to abide by the confidentiality of library records.[3]

When volunteering at a school library, a parent volunteer ideally will not have access to students’ library records (just like they shouldn’t have access to grades). Instead, they should help re-shelve books, read aloud, or help minimize chaos when there is a large group in the library.

If the parent volunteer needs to help with check-outs, a statement like the one the member suggests is fine. To make things even more direct (but also upbeat), another version could be:

Thank you for volunteering at our library! As a reminder:

• Student media selections are confidential by law;
• Past borrowing is confidential by law;
• Student questions when using the library are confidential;
• If you suspect a safety risk, immediately alert the librarian or another school employee.

We appreciate your service and your respect for our students’ privacy rights!

For student volunteers, the same guidance applies; students should primarily assist with re-shelving, cleaning, and other tasks that don’t expose them to private information.

However, for students who are believed to be trustworthy, here is a notice:

Thank you for volunteering at our library!

As a student volunteer, it is important for you to know that the materials you and your classmates borrow are confidential. Please do not reveal what has been borrowed by other students; that would be against the law and against school rules, and it could require us to take disciplinary action. If you want to learn more about the privacy of student library records, please ask.

We appreciate your help in the library!

I do have to say, this overall issue throws my lawyer brain for a loop. School library records are actually confidential under more laws than other academic records, and I think it would be odd to have a student inputting grades—or helping other students see a teacher’s gradebook—on a volunteer basis.[4]

So, to make frequent use of either parent or student volunteers to check out books, a school library should also have a relevant policy, such as:

School Library Volunteer Policy

Adult Volunteers

To involve parents and community members in the operations of the school library, the library makes use of adult volunteers.

Adult volunteers are evaluated and confirmed as follows [insert school policy on volunteers].

Adult library volunteers must demonstrate the ability to understand that school library records are confidential and must be trained in the law and ethics that require confidentiality of school library records.

Adult library volunteers are distinguished by a badge worn during their service.

Student Volunteers

To familiarize students with the ethics, laws, and policies governing school library services, and to involve students in the operations of the library, the school library makes use of student library volunteers.

Student library volunteers must demonstrate the ability to understand that school library records are confidential and must be trained in the law and ethics that require confidentiality of school library records.

Student library volunteers are designated by a badge worn during their service.

Whenever possible, such a policy should be reviewed by a school district’s lawyer.[5]

Thank you for an important question!

The member is referring to NYSED Commissioner Decision #18,402, which resolved an appeal related to books in a school library.

In a nutshell: petitioners[1] appealed to Education Commissioner Betty Rosa after a school board voted to retain five books whose inclusion in the library one of the petitioners had formally requested be reconsidered. Commissioner Rosa upheld the board’s decision and emphasized the legal considerations of evaluating material in public school libraries.

The commissioner’s decision shows the importance of:

1. well-developed collection development policies for school libraries and school library systems;
2. following those policies; and
3. using those policies to ensure that access to school library resources is not limited in a way that violates the state or federal constitution.

The decision did not change law or policy but is noteworthy because it emphasizes that even when a school is accused of having materials that are “obscene” or “harmful to minors,” it is important to follow the law and not to remove books due to an author’s worldview or identity.

Of course, what sounds simple—not removing library materials due to an author’s views or identity—can be complex. Selecting library materials is not simply a matter of preference or gut instinct. Per the regulation at 8 NYCRR 91.1, a school library must have an array of materials to “provide an adequate complement to the instructional program in the various areas of the curriculum.”[2]

8 NYCRR 91.1 means selection of library books must consider not just the context of the library’s collection but the overall instructional program in the various areas of the curriculum—a balancing act that certainly requires consideration of a book’s point of view, which, as the decision describes, cannot be a basis to remove it from the library.

This is why having a collection development policy is so important.

Following a collection development policy can ensure (and document) that the work of assembling a school library collection is not just based on what would be a meaningful and balanced array of books in and of itself but is evaluated in the context of the overall academic operation of the school, while avoiding assertions of viewpoint discrimination.

For this reason, many school district library collection management policies incorporate this regulatory standard into the “selection” part of its policy. A district that does not expressly work from this standard may want to consider using one of the BOCES-supplies model policies[3] to do so.

From there, as emphasized by the decision, once a book is selected and in a school library collection, removal or restriction of access on the basis of viewpoint or identity violates the First Amendment of the U.S. Constitution. 

So, for school districts wondering: how does this decision apply to us? The take-aways are:

1. have a well-developed policy for school library collection development, which incorporates the language from 8 NYCRR 91.1;
2. follow that policy any time books are selected, cataloged, challenged, or removed; and
3. apply the policies to ensure that access to school library resources is not limited in a way that violates the state or federal constitution.

Another take-away (although not expressly stated) would be to not use policy “workarounds” such as removing books from shelves, requiring materials be covered or hidden, avoiding purchasing titles because of threats, or otherwise subverting normal policy and procedure.

For those with the time, reading the decision is highly recommended, as it is a timely primer on these issues.[4] 

Thank you for an important and timely question.

In the United States, public schools that accept federal funding are barred from restricting student access to generally available space on the basis of “religious, political, philosophical…” beliefs.[1]

In New York State, laws, regulations, and policies protect the rights of students to observe a religion at public school.[2]

Consistent with these rights and protections, public schools in New York State must allow student religious groups to use generally available space on an equitable basis[3] and confirm through policy that students and staff have an individual right to pray in school.[4]

So, in New York, students being accorded space and time to pray in school (including in a school library) can happen one of two ways: first, as an act of individual liberty, or second, as a group exercise of equal access to space.

Of course, granting space on an equitable basis and honoring an individual student's right to pray in school is not quite what the member is asking about; this question turns not on indisputable rights but on the practice of using library space for exercising them.

In some ways, a school selecting the school library as a place to exercise fundamental rights of religious expression sounds like a compliment to the library.  When seeking a place to pray, who wouldn't prefer a welcoming, orderly library to a supply room, a gym, or even an empty classroom?  There is something about orderly stacks of books and room to read that lends itself to spiritual confidence.[5]

As the member points out, however, a school library is not an empty classroom; it is a useful and routinely used space, often with scheduled activities, and generally available to all.

This is where things get tricky, and it’s at the heart of the member's question: What is the legality of using a school library for a prayer place for students?

The answer is: absolutely, use of the school library for individual prayer is legal, just as use of any designated space (a supply room, a gym, a classroom) for free exercise of religion can be legal.

That said, administrators implementing such an accommodation should be careful of three factors:

First, if space in the library is available to organized student groups/clubs for prayer, it must also be available for other school groups on the same basis (that's not the question here but is important to establish).

Second, if space in the library is available to individuals for prayer (which is the question here), the use should align with the school’s policy on “free exercise” of religion, but one must be careful not to drift into any “establishment” of religion by making it seem like that is the purpose of the space.[6]

And third: a school should be wary of using the library space—which is for all students at all times—in a way that could limit access to others. Unlike the supply room, a gym, or an empty classroom, a library has a prescribed time when it is available (generally all day). Accommodations in furtherance of free exercise of religion, while a basic civil right, should not impede access to a general-access location.

Which brings us to the second question:

Should an alternative location be put in place in lieu of the school library?

This question comes down to a school library's size and layout.  If the school library has a spare study room or area in the library that can safely and respectfully be used for prayer, without restricting general access to library resources, it may make sense to use that space. But if (as the member writes) the library is small and only has space that meets basic regulatory requirements for the school (see 9 NYCRR 90), the school should consider another location.

The bottom line here: To avoid needless stress, the civil right of free exercise of religion should NEVER be pitted against the general needs of a community. In addition, accommodations that limit access to required resources should be avoided.

School administrators must think how they can allocate space safety so students can exercise their fundamental rights without putting them in needless conflict with the rights of others.  School district lawyers and facility managers can help administrators reach solutions by allocating space with attention to compliance.

The answer is "Yes."

Of course, behind that answer is layer after layer of complexity.

Layer 1: The "you" in the policy quoted by the question (as in "Content access levels let you control which types of users can view and borrow certain...") could be the SLS, or could be an individual school, or even an individual employee of a school.  It's all about who has the access to control the settings, which is not something that should be left to chance and happenstance.

Layer 2: Databases like SORA are often licensed by school library systems ("SLSs"), not individual libraries or districts. This means that the access controlled by "you" might be controlled by SLS policy, rather than that of a member library (or the SLS's policy could specify that such control is handled at the district or individual library level).

Layer 3: The American Association of School Librarians discourages this type of limit in part 5 of its "Common Beliefs": "Learners have the freedom to speak and hear what others have to say, rather than allowing others to control their access to ideas and information."  This means that once content has been made a part of the school library or school library system's collection per established collection development policy, learners should have access to it.

Taking all these layers into account, a few things emerge:

First, there is a grave risk that restrictions in excess of appliable ethics, regulations, and policy could happen if such access controls are implemented without attention to applicable policy.

Second, if there is no policy that addresses restricting access (whether by age or individual student), that feature of a system should not be used.

Third, if a system with the capability to selectively bar access is acquired, that feature should only be implemented if there is clarity about what policy governs its use, whose policy is it, and who the "you" setting the limits is.  

But as the question points out, even with a policy in place, this may be a dangerous game (or a "creative work-around") when it comes to intellectual freedom, because as the AASL says: "Learners have the freedom to speak and hear what others have to say, rather than allowing others to control their access to ideas and information."

The decision to limit access to content that is part of collection of a school library or library system is an ethically slippery slope.  A district, school, and/or school library system should think very carefully about why it would enable such limits through policy, taking care the policy is consistent with governing ethics and regulations. 

So how is a library, school district, or system to ensure students have access to appropriate content?  The development of a pedagogically appropriate school library or school library system collection lies with their collection policies, NOT the ability to selectively control access to a collection once it is established.  This starts with using established criteria, developed and overseen by trained professionals, assembling a collection that meets the needs of the school.

By regulation (8 NYCRR 91.1), this mandate of a school library is broad: "The library in each elementary and secondary school shall meet the needs of the pupils, and shall provide an adequate complement to the instructional program in the various areas of the curriculum." [emphasis added]

By regulation (8 NYCRR 91.1), the mandate of a school library system is also broad, and it includes developing a plan for "cooperative collection development implementation," or in other words, a written plan for how cooperatively accessed materials are acquired and made available from one district to another.

There is no one way these broad mandates are achieved, and that is where the individuality of a school library system will assert itself.  But regardless of how those cooperative collection development plans are made, leaving the question "who controls collection access by age or individual identity?" unanswered is not a good option.  Through attention to applicable ethics, law, regulation, and the required collaborative governance[1], a school library system can answer that question with clarity, even if the answer is "no one."

This question comes at us from a school district public library and supporting Board of Cooperative Educational Services ("BOCES").

One thing I knew very little[1] about when I started doing "Ask the Lawyer" was school district public library systems.  These are systems coordinated through a regional BOCES, creating a network of library resources, governed by their own section of the New York Education Law (and regulations, and Regents rules).

Over the years, the existence and importance of school district public library systems has grown more and more obvious to me--to the point where now, if you are so unfortunate to be trapped in an elevator with me, I might tell you all about them from ground level to the 32nd floor.[2]

One thing I would mention, around floor 15 or so, is that school district public libraries (and systems) have to balance privacy and data security obligations from a wide array of different state and federal laws.  I have written on this before (see "Ask the Lawyer #67, #80, and #143), and won't re-hash that here, except to say: everything in those past answers impacts this question.

With those prior columns as background, the answers to the member's three questions are:

For an Interlibrary Loan Electronic Transmission (whether printed out and included with the item(s) or sent via electronic means) in a K-12 setting, can a student's name (the one ultimately borrowing the item) be used in the "receipt" or notification slip?

Yes, if the library's policy requires it for the "proper operation" of the library (CPLR 4509), AND if the school can assure that only those who need to see it (for the benefit of the student) will see it (FERPA) or the student has signed a FERPA waiver, AND if all the required measures for data privacy are in place (ED2-d).

Should a student's School ID number be used? Can both be used at the same time?

Yes, if the library's policy requires it for the "proper operation" of the library (CPLR 4509), AND if the school can assure that only those who need to see it (for the benefit of the student) will see it (FERPA) or the student has signed a FERPA waiver, AND if all the required measures for data privacy are in place (ED2-d).

Is it taboo to have a student's name in ANY electronic transmission?

No, but school district and BOCES systems creating and transmitting such records should always be confident that the use of the student's name is in a document generated and transmitted per applicable policy.

This is tougher than it sounds, since schools now have so many electronic systems facilitating record-making and communication--a situation compounded by online learning during the pandemic.  Further, the decision to use those systems might be driven by function and cost, with only secondary attention being paid to privacy, as addressed in "Ask the Lawyer" #67, #80, and #143.

Since this question is rooted in interlibrary loan, I'll end with an example.

Below is a partial screenshot from the demo screen of OPALS, a popular ILS used by school district libraries (and other types of libraries, too).

As you'll see, OPALS enables the "viewing of all the borrowers in an attending class...."

There is nothing inherently wrong with this type of grouping of borrowers, so long as the district has addressed the various privacy obligations, and made sure the functionality and use of the system (in this example, OPALS) align with the school's approach and policies on privacy.

In other words, nothing should be left to chance.

So, with that, my ultimate answer--to all three questions-- is: any time a public school student's name is listed on a library record that leaves the bounds of the library (the "real" or virtual bounds), every unique way that happens (injury report, student discipline, interlibrary loan) should be covered by policy.

Now, let's consider how this issue looks "on the ground."  I poked around a bit, and while I found many interlibrary loan policies for school district library systems/BOCES in NY, I didn't find one that went so far into the weeds as setting terms for how/when to include borrower names on the routing slips (printed or electronic).

Chances are, that's usually more of a "standard operating procedure" thing, rather than something set by formal "policy."[3]

But with increasing interconnectivity between library other school systems, it might be worth formalizing in future interlibrary loan policies.  For instance, one sentence: "When effecting interlibrary loan, cooperating libraries shall mutually adhere to the other libraries' and systems' policies regarding borrower privacy"[4]  is a sample of how to add a quick reminder about this critical consideration.

Because as the member's questions indicate, we can never be too "in the weeds" on privacy.

Thank you for an important array of questions.

[1] Okay, actually, nothing.

[2] In this mythical trip up 32 floors, we are visiting Buffalo City Hall, which if you have never seen, is a must-visit location.

[3] New York is a big state!  I have no doubt there is a policy that does address this.  If your district has one, please send a link to info@losapllc.com and reference this RAQ.

[4] This is just sample language...no matter what you select, make sure your school district's attorney or BOCES system director reviews and approves any policy before it goes into effect!

DO ensure your school district library system, school district, or school has a robust and well-thought-out "school library materials policy"[1] ("Policy") governing selection, procurement, cataloging, lending, concerns, re-evaluation, and removal of library materials.

DON'T forget to train every person with a role in that Policy[2] on how it works, and why the district has it in place; this includes spending time on the law, regulations, and ethics[3] that govern it.

DO ensure that experienced lawyers and policy-makers have reviewed the Policy for both legal compliance, and compatibility with the unique environment at your district or school.

For example, if your school has an active PTA that likes to fund-raise and donate books to the school library, the method of accepting those donations should conform to the "selection" part of the Policy.[4]

DON'T adopt a Policy and then let it gather dust.  A policy that governs selection, procurement, cataloging, lending, concerns, re-evaluation, and removal of school library materials is a vital part of a school's library--which is a vital part of a school.

DO make sure your Policy honors the professionalism and qualifications of your school librarians and media specialists.  When considering how your district's Policy applies in real-world situations, remember that your school library staff are trained in the selection of library materials.   Because of that, your district's Policy will delegate responsibility for selection and cataloging to those professionals[5] ...and the law in New York, policy of your district, and job descriptions will back that authority up.

DON'T create a potential liability for your school by taking quick steps related to library collection management issues without checking with your district's Policy and lawyer.  Cases such as Pico[6],  the seminal case regarding school board over-reach regarding school materials, happened because school leadership took hasty action without considering policy.

DO maintain familiarity with the most basic tenets of the law in New York regarding school district library systems and school library operations.  This includes Education Law § 1709(1), Education Law §1711[2] [c, d], Education §Law 701, Education law §702, Education Law §310, 8 NYCRR § 90.18 and 91.2.  For a good primer on these, review the NYSED Commissioner Decision 14,229  "Matter of Carney."[7]

Notably, the case law and NY Education Commissioner decisions emanating from these laws and regulations show that ad hoc decisions about curricular and library materials imposed without consulting policy can lead to legal claims, creating unnecessary media attention, community tension, and expense for school districts.

DON'T impose "creative work-arounds" such as using "soft" directives to influence school library collection issues without following policy.

Hypothetical examples of such "creative work-arounds" include:

• Directing library staff to keep "controversial" books in the collection, but move them off the shelves and into a store-room;
• Stigmatizing books in the collection by making them available "by request only";
• Telling parents and guardians with concerns that library material will be removed, without referring them to the relevant policy for lodging a complaint or requesting that it be re-evaluated;
• Identifying books that may only be checked out after obtaining parent/guardian consent[8];
• Sharing lists of books checked out by students in excess of what professional ethics, FERPA and CPLR 4509 (regarding privacy) allow;
• Directing school library employees to avoid selecting a certain "type" of material, even if that material is otherwise appropriate per the district's Policy;
• Basing content bans on categories of identity protected by local, state, and federal civil rights laws.

These are just a few examples...but anything that would remove or restrict access to school library materials, without applying due process, risks a legal concern and tripping the factors found unconstitutional in Pico.

DO build an administrative and educational team that is READY to respond to concerns about curricular and library materials.  

When it comes to content choices in the classroom or in the library, no Superintendent, Principal, or school board chair can do it all. 

A team consisting of the school librarian, experienced teachers and administrators, the district's lawyer, and as needed, the school board, should be ready to respond promptly when there are materials concerns. [9]

DO remember that for every school library material challenged, there are people being impacted by the challenge--including yourself.

These are tough times for school administrators.   Across the country, there is a great awakening to the importance of school boards and the leadership of public institutions such as libraries.

This is good, but it has turned school districts and libraries into zones of potential controversy, with administrators charged with keeping the peace--and people threatening lawsuits on all sides.

At such times, there are three things that, when combined, can create refuge and stability:

First: a cool head.

Do not take an ad hoc action when presented with a library materials concern; lead with policy.

Second: a good team. 

Rely on your people.  They will help ensure legal compliance, the well-being of students, and good service to the community.

Third: a solid policy.

Have it, know it, follow it.

Administrators who find the culture wars on the doorstep of their schools cannot avoid controversy.  But when controversy arrives, if they DO follow policy, and DON'T take ad hoc steps in a panic, school administrators can provide a structure for communities to navigate open and honest discussions[10] of library materials, community values, and their educational environment.

Below is a template[11] for organizing a response, when a library materials[12] issue happens at your school.

School library material concern worksheet

For internal and personal use only

[1] Across New York, this type of policy has many names, and sometimes, is covered by numerous policies.  New York prioritizes local control of school district policy, so a diversity of approaches is right and proper.  The point is that no matter what it is called, or how many policies end up applying, a district has a policy that covers selection, procurement, cataloging, lending, concerns, re-evaluation, and removal of school library materials.  Very often, this will need to be coordinated across school library systems.

[2] For the rest of this article, we're using "Policy" with a capital "P" to denote whatever policy or combination of policies a district has adopted.  That's right, with a capital "P" that rhymes with "C" that stands for "cool" (as in, "We're cool; we have a Policy for this").

[3] The ethics of the profession of school librarian as emphasized by NYSED are found at http://www.nysed.gov/curriculum-instruction/teaching-learning-intellectual-freedom

[4] Sometimes, this might mean having to say "No, thank you," or "We need to take a different approach," to the PTA.  Just another day in school administration.

[5] This is another factor that will vary from district to district in New York, but every policy I have seen grants a significant role to the librarian.  This is why a good hiring pipeline for qualified school librarians and media specialists is critical.

[6] Found at: https://www.oyez.org/cases/1981/80-2043 . This US Supreme Court case ruled that "although school boards have a vested interest in promoting respect for social, moral, and political community values, their discretionary power is secondary to the transcendent imperatives of the First Amendment." 

[7] Found on the NYSED site at http://www.counsel.nysed.gov/Decisions/volume39/d14229

[8] This one is a HUGE concern, because in addition to potential legal and regulatory violations (about which countless law review articles and books have been written), it sets a precedent of parent/guardian pre-approval for ALL school materials...something that is antithetical to the democratic process by which public schools operate. 

[9] "Promptly"...but not immediately.  The benefit of having a team ready to go, and letting parents or community members know that your school is organizing a response per your district's policy, is that it signals that you take the complaint seriously, but also gives the situation breathing room.

[10] Yes, I know "open and honest" can often sound "angry and passionate."

[11] As with all templates on "Ask the Lawyer," this one is illustrative only.  A district or administrator wanting to develop such a resource should confirm a final draft with their lawyer.

[12] This template is for library materials concerns; there are some different factors when there is a challenge to curricular materials.