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Evaluating Public Library Collections in NYS

My school district public library system just reviewed a new (April 25th, 2024) NY Education Department Decision by the Commissioner, addressing the proper procedure for evaluating school library books. What does this decision mean for school libraries and school library systems?

Liability and Accessibility for Bike Lock Loans

Hello,

At [our] Public Library, we don't allow patrons to bring their bikes into the library. Our Teen Services Librarian suggested we purchase bike locks to loan patrons because often patrons, especially the teens/tweens, don't have bike locks and are nervous about leaving them outside unattended. We rent our space, so the park outside our Main Street entrance and the nearby bike "rack" (more of a giant U-bolt) is not ours.

So, I have a couple concerns:
*What is our liability if we provide a bike lock that fails or the bike rack fails?
*How do we ensure that our bike lock is accessible to those who have disability, from limited vision to fine motor skills impairment.

Limiting Digital Content Access in Schools

Within the context of recent regional school book challenges, much of the attention has been focused on print collections. However, librarians and school districts have started to look at digital content, too.

Sora is the K-12 platform used by many students and staff in NYS to access OverDrive content (as opposed to Libby, which is used by public library patrons). In Sora, content access levels can be implemented to restrict access to content.

Here is how OverDrive defines content access levels:

Content access levels let you control which types of users can view and borrow certain titles in your digital collection. Content access levels are customizable and can be different from the publisher-defined audience label.

Note: In the Libby app, users will be able to see all titles in your digital collection, regardless of content access levels. If a user tries to borrow a book that's restricted by content access level, the checkout won't be completed and the user will get an error message.

Content access levels are designed to let you manage access to titles based on age-appropriateness. Users are assigned a user type ("Adult," "Young Adult," or "Juvenile") when you set up authentication (for schools) or based on library card type (for libraries). Users can access titles at or below their access level:

"Adult" users can access all titles
"Young Adult" users can only access titles you label "Young Adult" or "Juvenile"
"Juvenile" users can only access titles you label "Juvenile"

A title's content access levels, which are assigned by you, may be different from the title's audience, which is assigned in its metadata by the publisher.

 

I am wondering if restricting digital access to content by grade level and/or to individual student could/would be another "creative work around" to limit access that may or may not be outside of board policy?

Determining Responsibility in Materials Selection Policy

The [NAME REDACTED] Public Library has a materials selection policy in place. When recently updating the policy, trustees had questions about the "responsibility" section which states:

"Authority and responsibility for the selection of library resources is delegated to the Library Director by the Board of Trustees. At the discretion of the Library Director, staff who are qualified by reason of education, training and experience are given the responsibility to select resources within the framework of this policy."

The question we have is should the word "delegated" be used in this context. The Handbook for Library Trustees includes sections stating that the board is legally responsible for all aspects of the library as an institution and have broad and almost exclusive powers and authority to administer the library. We wonder if the delegated section is correct, or if the responsibility section should just say that the Library Director is responsible for the selection of library resources.

Reviewing Deed of Gift and Loan Forms

"Ask the Lawyer" got a question from a member: "Can you review our deed of gift and loan forms?"  We helped them out on a confidential basis, but we're using their question to inspire this guidance on implementing or updating a suite of policies for accepting and managing gifts into your collections.