To require holders of certificates issued on or after January 1, 2010 to complete professional development.
Text of proposed rule:
Section 90.7 of the Regulations of the Commissioner of Education is amended, effective January 8, 2009 as follows:
§ 90.7 Certificates for librarians in registered public, free association and Indian libraries.
(a) Professional certificates.
(1) Public librarian's professional certificates shall be granted to those who pay the statutory fee [of $5] pursuant to Education Law section 279 and:
[(1)] (i) have submitted evidence that they hold a graduate library degree from a library school located within New York State which is registered by the State Education Department, or from a library school program which is accredited by the American Library Association; or
[(2)] (ii) hold a conditional certificate and have completed at least six graduate credits in library science from a library school program which has been accredited by the American Library Association or registered by the [department] Department, and two years of satisfactory professional experience in a public library located within the United States.
(2) A public librarian's professional certificate issued before January 1, 2010 shall be continuously valid. A public librarian's professional certificate issued on or after January 1, 2010 shall be continuously valid, provided that the professional development requirements prescribed in subdivisions (c) or (d) of this section are met.
(b) Conditional certificate.
(1) . . .
(2) . . .
(3) The applicant shall pay a statutory fee [of $5] pursuant to Education Law section 279 for the evaluation of credentials pursuant to this subdivision and the issuance of a conditional certificate.
(c) [Exchange of certificates. Holders of the (1) librarian's graduate library school life certificate, or (2) librarian's professional life certificate shall receive the public librarian's professional certificate upon application.] Professional development requirements for public librarian professional certificate holders employed by a library or library system.
(1) Except as provided in subdivisions (d) and (e) of this section, each holder of a public librarian's professional certificate issued on or after January 1, 2010, who is employed by a library or library system, in order to maintain the continuous validity of such professional certificate, shall complete 60 hours of professional development within each immediately succeeding five-year period thereafter, as measured from the date of initial issuance of the holder's certificate.
(2) Professional development shall consist of instruction and/or activities, as pre-approved by the employing library, employing library system or the State Education Department, relating to:
(i) library science;
(ii) information science;
(iii) computer science;
(iv) management;
(v) public administration;
(vi) public relations;
(vii) human relations;
(viii) human resources;
(ix) education; and/or
(x) any other relevant subject areas.
(3) Applications for pre-approval of professional development programs shall be in a format and submitted pursuant to a timeline prescribed by the employing library, employing library system or the State Education Department, as applicable.
(4) Professional development may be provided in;
(i) formal classes or coursework;
(ii) workshops;
(iii) e-courses;
(iv) seminars;
(v) institutes;
(vi) lectures;
(vii) State or national library association conference programs; and/or
(viii) any other program format or content, as pre-approved by the employing library, employing library system or the State Education Department.
(5) Professional development may be provided by:
(i) an institution of higher education registered by the State Education Department or accredited by an accrediting association recognized by the United States Department of Education;
(ii) a government agency;
(iii) a state or national library association;
(iv) a public library system;
(v) a reference and research library resources system;
(vi) a school library system; or
(vii) any other institution or provider as pre-approved by the employing library, employing library system, or the State Education Department.
(6) Up to 12 hours of the required 60 hours in professional development may include:
(i) supervised internship(s) for which no academic credit is awarded;
(ii) instructional activities that include relevant content both created by and delivered by the public librarian professional certificate holder; and/or
(iii) a supervised development project in a relevant content area for which no academic credit is awarded.
(d) Professional development requirements for public librarian professional certificate holders not employed in a library or library system. Each holder of a public librarian professional certificate issued on or after January 1, 2010, who is not employed by a library or library system, in order to maintain the continuous validity of such professional certificate, shall complete professional development in accordance with the requirements of subdivision (c) of this section, provided that the required 60 hours in professional development shall be reduced by ten percent for each year, within the five-year period, that the certificate holder is not employed by a library or library system.
(e) Temporary Certificate.
(1) As used in this subdivision "eligible applicant" shall mean:
(i) a holder of a public librarian's professional certificate who has not completed the professional development requirements pursuant to subdivision (c) or (d) of this section; or
(ii) a holder of a public librarian's professional certificate who is found through audit to have insufficient or unacceptable evidence of completion of the professional development requirements pursuant to subdivisions (c) or (d) of this section.
(2) An eligible applicant may apply at any time to the Commissioner, in a format prescribed by the Commissioner, for a temporary certificate valid for appointment to any level public, free association and Indian librarian position in a library or library system in the same manner as a public librarian's professional certificate. The applicant shall pay the statutory fee pursuant to Education Law section 279 for each temporary certificate.
(3) Such temporary certificate shall be valid for one year from date of issuance or until such time as the valid professional certificate is reinstated pursuant to paragraph (4) of this subdivision, whichever occurs first.
(4) In order to be reinstated as a holder of a valid professional certificate, the holder of a temporary certificate shall submit to the Commissioner evidence of completion of the professional development requirements as set forth in subdivisions (c) or (d) of this section, as applicable, that are lacking from the previous five-year period, as well as completion of one additional hour of professional development per month during the period of temporary certification.
Text of proposed rule and any required statements and analyses may be obtained from:
Lisa Struffolino, State Education Department, Office of Counsel, State Education Building, Room 148, Albany, NY 12234, (518) 473-4921, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Jeffrey W. Cannell, Deputy Commissioner for Cultural Ed, State Education Department Office of State Librarian, Rm 10C34 Cultural Education Center, Albany, NY 12230, (518) 474-5930, email: ppaolucc@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 207 authorizes the Board of Regents and the Commissioner of Education to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the State Education Department by law.
Education Law section 208 authorizes the Board of Regents to award and confer suitable certificates, diplomas, and degrees on persons who satisfactorily meet the requirements prescribed.
Education Law section 254 authorizes the Regents to fix standards of library service.
Education Law section 272(1)(k)(3) authorizes the Commissioner to adopt regulations relating to professional librarian services.
Education Law section 279 authorizes a fee for each public librarian's certificate or school librarian's certificate issued pursuant to Part II of Article 5 of the Education Law.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the Legislative intent of the above statutes that the Commissioner of Education promulgate regulations governing the certification of professional public librarians in the State's public libraries to ensure that librarians are properly prepared to meet the information needs of the population of the State.
3. NEEDS AND BENEFITS:
The proposed amendment is necessary to ensure that the Commissioner's Regulations are in compliance with a Regents policy recommendation to "establish a certification process to promote excellence in New York's library workforce at all stages and levels", published in Meeting the Needs of All New Yorkers: Library Service in the New Century: Final Report of the Regents Commission on Library Services" (2000). The proposed amendment will ensure that public librarian professional certificate holders certified on or after January 1, 2010 will participate in continuous professional development.
4. COSTS:
(a) Costs to the State: see costs to the State Education Department below.
(b) Costs to local governments: none. The proposed amendment concerns professional development requirements for holders of public librarian professional certificates and does not impose any additional costs on local governments.
(c) Costs to regulated parties: Costs to certificate holders could range from no cost to $5,000 depending on which provider an individual selects. Individuals that choose to take advantage of the frequent no-cost professional development opportunities provided by the State Library and the State funded network of library systems could achieve the required 60 hours of professional development for no cost. These courses are offered both in person and online. Individuals that choose to enroll in formal credit courses offered by public colleges or universities might expect to pay as much as $5,000 for 60 credit hours. A typical online course from an approved online provider costs $120 for 3 credits. These online courses occur over several weeks. Thus an average cost for an individual to meet the 60 hour requirement through online professional development courses would be $1,200.
(d) Costs to the State Education Department: The annual cost to the State Education Department is estimated at approximately $55,000. This is comprised of percentages of salaries for those employees who will administer the enhanced certification process as well as website development and physical supplies. However, it is anticipated that a proposed amendment to Education Law § 279 will be sought in the 2009 legislative session that would increase the fees for public librarian certification so as to cover in part the increased program administration costs. Assuming that Education Law § 279 is amended to raise the certificate fees from $5 to $50, the projected revenue for professional, conditional, and temporary certificates is estimated to be approximately $30,000 a year. Therefore the annual cost to the Department will be approximately $25,000. Only an estimate can be provided because the actual number of certificates will vary from year to year.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment concerns professional development requirements for holders of public librarian professional certificates and does not impose any additional program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district. The proposed amendment is needed to conform the Commissioner's Regulations to Regents policy, as discussed in the Needs and Benefits section above.
6. PAPERWORK:
The proposed amendment will require public librarian professional certificate holders, who are initially certified on or after January 1, 2010, to document participation in approved professional development activities in five-year increments. The State Education Department's New York State Library will randomly audit documentation provided by ten individuals per month beginning in January 2015 in order to ensure compliance with professional development requirements.
7. DUPLICATION:
The proposed amendment duplicates no existing State or federal requirements and is necessary to conform the Commissioner's Regulations to Regents policy.
8. ALTERNATIVES:
The Department considered imposing the professional development requirement on all holders of public librarian professional certificates. This alternative was rejected upon consideration that, because people enter a profession with certain expectations, it would be unfair to retroactively impose continuous professional development requirements for those librarians who are already certified. Upon adoption of the proposed amendment, the Department plans to notify all the Library Schools in New York State to ensure that the continuous professional development requirements are made clear to students embarking on the path towards professional librarian certification.
9. FEDERAL STANDARDS:
The proposed amendment does not exceed any minimum standards of the federal government.
10. COMPLIANCE STANDARDS:
Since the proposed amendment only affects librarians seeking professional certification as a public librarian beginning January 1, 2010 and thereafter, it is anticipated that new public librarian professional certificate holders as well as those administering the certificates in the State Education Department's State Library will be able to achieve compliance with these changes by that date.
Regulatory Flexibility Analysis
The proposed amendment concerns professional development requirements for holders of public librarian professional certificates and does not impose any adverse economic impact, reporting, record keeping or any other compliance requirements, or costs on small businesses or local governments. The proposed amendment will ensure that public librarian professional certificate holders, who are issued certificates on or after January 1, 2010, participate in continuous professional development, therefore implementing Regents policy to "establish a certification policy to promote excellence in New York's library workforce". Because it is evident from the nature of the proposed amendment that it does not affect small businesses or local governments, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required and one has not been prepared.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment applies to holders of public librarian professional certificates, who are initially certified on or after January 1, 2010, and who work in any professional position in public, free association, and Indian libraries serving populations of over 7,500 and public library systems and reference and research library resources systems, including those located in the 44 rural counties having less than 200,000 inhabitants and in the 71 towns within urban counties having a population density of 150 persons per square mile or less.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:
The proposed amendment is needed to ensure that the Commissioner's Regulations are in compliance with a Regents policy recommendation to "establish a certification process to promote excellence in New York's library workforce at all stages and levels", published in Meeting the Needs of All New Yorkers: Library Service in the New Century: Final Report of the Regents Commission on Library Services" (2000).
The proposed amendment will require public librarian professional certificate holders, who are initially certified on or after January 1, 2010, to complete 60 hours of approved professional development every five years, and document their participation. The State Education Department's New York State Library will randomly audit documentation provided by ten individuals per month beginning in January 2015 in order to ensure compliance with professional development requirements.
3. COMPLIANCE COSTS:
Costs to certificate holders could range from no cost to $5,000 depending on which provider an individual selects. Individuals that choose to take advantage of the frequent no-cost professional development opportunities provided by the State Library and the State funded network of library systems could achieve the required 60 hours of professional development for no cost. These courses are offered both in person and online. Individuals that choose to enroll in formal credit courses offered by public colleges or universities might expect to pay as much as $5,000 for 60 credit hours. A typical online course from an approved online provider costs $120 for 3 credits. These online courses occur over several weeks. Thus an average cost for an individual to meet the 60 hour requirement through online professional development courses would be $1,200.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to ensure that the Commissioner's Regulations are in compliance with Regents policy to ensure that public librarian professional certificate holders participate in continuous professional development. The proposed amendment has been carefully drafted to meet statutory requirements while minimizing the impact on regulated parties. In order to ensure uniform, State-wide high standards for certificate holders, the proposed amendment applies to all prospective holders of public librarian professional certificates residing State-wide and, accordingly, it was not possible to provide for a lesser standard or exemption for those residing in rural areas.
5. RURAL AREA PARTICIPATION:
The New York Library Association (NYLA), whose membership includes libraries located in rural areas, in consultation with the New York State Library developed a new proposal to address the Regents policy recommendation. NYLA leaders presented the proposal to the Regents Cultural Education Committee in July 2008 and the Committee directed the State Library to proceed with implementation. Implementation will require amendments to Commissioner's Regulation 90.7 Certificates for librarians in registered public, free association and Indian Libraries.
In September 2007 NYLA leadership began discussing a variety of options to improve the skills of the library workforce in New York State in order to address Regents policy. During the past ten months, the NYLA Continuing Education Committee has worked with NYLA members, the New York State Library and with the statewide library community to develop a new proposal that would equip New York State's new public librarians to meet the changing information needs of New Yorkers and continue to provide first-class library service throughout their professional careers.
NYLA leadership officially adopted the proposal and in July 2008 sought Regents support for implementation. The Board of Regents directed the State Library to begin the process for amending Commissioner's Regulation 90.7
Job Impact Statement
The proposed amendment concerns professional development requirements for holders of public librarian professional certificates and will not have an adverse impact on job or employment opportunities. The proposed amendment will ensure that public librarian professional certificate holders, who are issued certificates on or after January 1, 2010, participate in continuous professional development, therefore implementing Regents policy to "establish a certification policy to promote excellence in New York's library workforce". Although the proposed amendment will affect requirements for public librarian professional certificates, it will not affect the number of librarian positions available to certificate holders. Because it is evident from the nature of the proposed amendment that it will have no adverse impact on jobs or employment opportunities, no further measures were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
