Submission Date
Question
Should librarians who use student or parent volunteers have them sign a statement on protecting patron privacy? If so, what would the wording look like?
Maybe something like this?
“As a library volunteer, I agree to follow all the policies and practices of the school library including ensuring patron privacy. What patrons check out or research in the library is confidential. I will not tell others, students or adults, who has what materials checked out or comment on what is being checked out. I understand that lack of privacy and confidentiality has a chilling effect on users’ selection, access to, and use of library resources. All users have a right to freely use the library and have their privacy protected. I will let the librarian know if I think I have violated any policies.”
Answer
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!
[1]^ I know for many readers, the response to this sentence could prompt a sarcastic, “Oh, really? I had no idea!” but we like to keep this resource useful for a broad audience.
[2]^ A good example is here: https://go.boarddocs.com/ny/williams/Board.nsf/goto?open&id=B8GMJK4FEAF4#.
[3]^ For example, monitoring software looking for signs of inappropriate content or risk of self-harm can be tripped by checking out e-content that has certain trigger words. This should be avoided by careful firewalling of library content from such software’s monitoring (software that doesn’t allow this level of refinement should be avoided). For more, see Privacy concerns related to software monitoring of public school library records.
[4]^ Or am I wrong? Please let me know if this is a “thing” at your public school: info@losapllc.com.
[5]^ Experience has taught me that this is not always possible.