Recently Asked Questions

Is the library at risk if a teen patron volunteers to share contents of a cell phone?

An adult patron recently called the library and said that her 11-year-old daughter reported being filmed outside the library (parking lot or backyard). The child reported that two teen patrons had been using cell phones to film her. No staff witnessed this, but all of the juveniles involved were known to library staff. The two teens had returned inside the library at the time the call came in, and staff asked them if what was reported was true. Both denied the claims, and one asked to “prove” that it wasn't true by showing the contents of his cellphone video library. Do we put ourselves at risk by allowing a patron (juvenile or otherwise) to show us such content? We can see a variety of ways that this might expose us to risk, but we also understand the teen’s impulse to defend himself.

Additional questions that came up (but maybe too much for a single query): If patrons do film each other without consent on library property, is that a further risk for us? If we were to explicitly state that filming others while on library property is against policy, how could we safely enforce that policy?

We are a small, urban, very diverse school district with a large English Language Learner (ELL) population and a high poverty rate. Our school library spaces are small and do not have adjoining meeting rooms. There is no dedicated prayer/meditation space in our schools either. In the past, during Ramadan and other Muslim holidays, school administration has directed Muslim students to use the libraries as prayer spaces. Currently, Muslim students have been directed to pray daily concerning the issues taking place in Israel/Gaza, so they have been coming in daily to pray. This becomes an issue as we have classes/groups scheduled in the libraries throughout the day, so space and privacy become an issue. The libraries are also not always staffed, as librarians travel between buildings and support staff is often pulled to cover for classroom teachers.

What is the legality of using a school library for a prayer place for students?
Should an alternative location be put in place in lieu of the school library?

We want to be respectful of students' religious view and rights, but also want and need to keep the school libraries accessible to all.

I would appreciate any advice you could provide on this topic.
Thank you.

Is there professional insurance for librarians? Given the book-banning lawsuits, do librarians and library workers need additional insurance to cover possible lawsuits? Other states have passed laws fining library workers $10,000. Besides the library's D and O insurance, do librarians and library workers need additional insurance coverage?

There are reports of first amendment audits happening in rural towns and villages. Public libraries are limited public forums - how can we stop the filming, as quietly as possible without causing a social media frenzy.

NOTE: On 5/13/22, Erie 1 BOCES hosted a program[1] regarding school library materials management.  That same week, the Erie County Bar Association hosted a CLE on the same topic[2].

At both programs, school district library personnel discussed the ethics of their professions.  They also shared their personal experiences with collection management issues, including attempted censorship of library materials.

Both sessions were inspired by concerns, rooted in the current political climate, that school districts could feel pressure to sidestep policy and direct the removal or limitation of "controversial" library materials without due process.

The law, policy, and case law covered at the session was extensive. Below is a summary of the major take-aways, in a "Do's and Don'ts" format.

QUESTION

What are the "legal do's and don'ts" of school district library collection management in New York?

[1] "Collection, Selection, Objection": the recording can be located through your regional BOCES or school district library system.

[2] More information on this "Continuing Legal Education" seminar is here:  https://eriebar.org/product/2433-more-than-a-book-ban-advising-municipalities-schools-and-libraries-during-a-book-challenge/