Recently Asked Questions

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?

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?

A recent article appeared in a local newspaper that was describing the local efforts of a group called Moms for Liberty to have certain books removed from school libraries because the group consider the titles to be inappropriate for school age children. However, the language used and quoted in the article, including “#Porninschools Exposed" and that they found over 80 titles that should be given an "R" rating seems as if it could be construed as an accusation against school libraries that they are distributing materials to minors that are prohibited by law. The article also quoted the group as intending to get people "outraged" by posting excerpts from books they consider objectionable. I would like to know if the school librarians facing these kinds of accusations have any recourse to bring action against the organization or individuals within the organization making these kinds of possibly slanderous and libelous accusations.

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/

In a local school district, multiple books have been challenged recently. This week, the School Board received an email from a community member referencing record keeping for library materials and electronic records retention. The district Superintendent wants to make sure that the district is keeping the right kind of library records, and that they are keeping them for the legal amount of time. Attached are two documents to review. In the first document titled District Records, under #15, it advised that districts should keep a list of book lists and school library reports. With this, should the district have kept a list of all books in their libraries in any given year?