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Free Direct Access 90.3a
(Final)
INTRODUCTION
Upper Hudson Library System (UHLS) serves the counties of Albany
and Rensselaer. It has a service population of 447,222 in a geographic
area of 1,178 square miles. Every member library of UHLS makes
resources available to the residents of the two counties. These
resources are available through on-site use and through direct
access in accordance with the New York State Commissioner of
Education regulations 90.3.
CR 90.3 (a) DEFINITIONS
Public Library System means a library established by
one or more counties, a group of libraries serving an area including
one or more counties in whole or in part, a library of a city
containing one or more counties, or a cooperative library system
established pursuant to the provisions of section 255 of the
Education Law.
Approved plan of service means a plan of library service
submitted by a public library system board of trustees in accordance
with section 272 of the Education Law that has been approved
by the Commissioner pursuant to the provisions of this section.
The plan of service defines the mutual commitments, responsibilities
and obligations of the public library system and its members
in meeting the service needs of the area served and statewide
library service goals.
Direct Access means the ability of an individual, who
resides within the boundaries of a public library system and
who has a valid borrower’s card issued by the system or any member
library in the system, to borrow materials for home use directly
from the premises of any library that is a member of the public
library system on the same basis as that specified for cardholders
in each individual library.
Chartered service area means the geographic area served
by a library as stated in charter documents approved by the Board
of Regents and on file with the department. For purposes of this
section, the phrase "and its environs" or equivalent as contained
in any charter document will not be recognized by the commissioner
as a valid part of the library’s chartered service area. For
purposes of this section, the commissioner will not recognize
areas served by the library under contract as a valid part of
a library’s chartered service area.
Resident borrower means an individual who resides within
the boundaries of the chartered service area of a public or association
or Indian library as defined in section 253 of the Education
Law and who is a library cardholder at that library.
Non-resident borrower means an individual who resides
outside the boundaries of the chartered service area of a public
or association or Indian library as defined in section 253 of
the Education Law and who is a library cardholder at that library
or at another member library of the public library system who
is a system cardholder.
Library resources means the print and non-print materials
owned by the library and any other services provided by the library
to the resident borrowers of the library’s chartered service
area.
Local income means funds supplied by local taxing agencies
which may be municipalities or special districts. These funds
may be from the library’s sponsoring municipality or from a nonsponsoring
municipality in payment for library services.
On-site use means the ability of an individual to use
library resources on the premises of a library.
Serious inequities and hardships means those conditions
which adversely affect resident borrowers of member libraries.
Such conditions are defined in accordance with the free direct
access provisions contained in each system’s approved plan of
service and may include, but not limited to, a definition of
what constitutes excessive borrowing of a library’s resources
by non-resident borrowers.
Unserved means those individuals residing in geographic
areas that are within the boundaries of a public library system
but outside the boundaries of a chartered service area of a library
which is a member of that system.
Underserved means those individuals residing in geographic
areas that are within the chartered service area of a member
library and which the public library system had identified as
having an inadequate level of local income to support the delivery
of acceptable library services.
THE PLAN
- Describe how all individuals residing within the boundaries
of the system but outside a member library’s chartered service
area will receive library services.
Individuals residing within the boundaries of the system but
outside a member library’s chartered service area will receive
library services via:
- Free direct and onsite access at any member library
- Central Library Services provided by the Albany Public Library
- Through the UHLS website and online catalog
- UHLAN library card
- Books by Mail
- Describe how the system will assure that those persons
living within the system boundaries in an area where a
member library chooses to withdraw from the system, will
be served by the system.
See answer to question 1
- Describe what the system considers "serious inequities
and hardships" and the criteria used by the system to make
the determination.
The system considers "serious inequities and hardships" to
be:
When 20% of total materials circulated from the collection
of a member library are to residents of communities outside
a library’s chartered service area.
When 10% of total materials circulated from the collection
of a member library are to residents of a single community
outside a library’s chartered service area.
When an unserved community has a population over 10,000
and has no fair and equitable contract for library services.
- Describe what constitutes excessive out of chartered
service area borrowing in the system.
See question 3
- a) Describe the unserved and underserved populations within
the system
The following are unserved populations:
- Guilderland 400
- Coeymans 50
- New Scotland 75
- Knox 2,661 (under contract with the Altamont library)
- Green Island 2,490
- Schaghticoke 6,696
- Schodack 11,389 (under contract with Castleton, Nassau and
East Greenbush libraries)
- Describe the criteria used by the system to identify
libraries having an inadequate level of local income to
support delivery of acceptable library services (underserved).
List those libraries so identified.
The median per capita support for the libraries in the
Upper Hudson Library System is $9.00.
The following libraries receive less than $9.00 per capita:
Berlin, Berne, Brunswick, Cohoes, Grafton, Hoosick Falls,
Nassau, Poestenkill, RCSC, Rensselaer, Rensselaerville,
Schaghticoke, Stephentown, Troy, Watervliet and Westerlo
- Describe the actions the system will take to expand
the availability of library services to unserved and underserved
individuals residing within the boundaries of the system.
The system will encourage the expansion of member library’s
chartered service areas; encourage the establishment of
new libraries in areas presently unserved; promote books
by mail, services to outreach sites, and provide inservice
training to develop skills to facilitate efforts of library
staff and trustees to solicit additional funding from municipalities.
- Provide a timetable for such activities
Ongoing
- Identify who will be responsible for carrying out these actions
System and member libraries will be responsible for carrying
out these actions
- Describe the conditions under which modifications to the
free direct access plan can be made:
- Without prior approval of the Commissioner of Education
When a library can document to the satisfaction of the system
that 20% of total materials circulated from the collection of
a member library are to residents of communities outside a library’s
chartered service area.
When a library can document to the satisfaction of the system
that 10% of total materials circulated from the collection of
a member library are to residents of a single community outside
a library’s chartered service area.
When a library can document that an unserved community has a
population over 10,000 and has no fair and equitable contract
for library services.
That library may restrict the following materials
- Non-print materials and equipment
- Printed materials that are less than one year old from acquisition
date (fiction, non-fiction books and periodicals)
- Attendance at library programs may be restricted to local
residents first.
These restricted programs and materials must be supported entirely
from local funds.
If a single unserved community is over 10,000, and a library
proves hardship, the library may choose to restrict all but on-site
use of library materials.
A library choosing to restrict must notify the system in writing.
The system will immediately notify the other libraries of such
restrictions.
- With prior approval of the Commissioner of Education
A library may request a waiver for restrictions beyond those
mentioned in this plan if a majority of the other member libraries
agree to support such a waiver. This appeal will be in writing
and include the following:
- Documentation of the serious inequities and hardships affecting
the resident borrowers of the member library making the request
- The proposed modifications to unrestricted direct access
that will be implemented and a description of the anticipated
impact on resident and non-resident borrowers
- Recommendations for remedying the underlying inequity with
a proposed timetable for action
- Describe how the system will assure that member libraries
are complying with the system free direct access plan approved
by a majority of member libraries
Quarterly survey of members regarding compliance. Review
of monthly borrower reports generated by DRA.
- Describe how system obtained member library input to
plan for direct access?
January 1999 revised 90.3 regulations, with new definitions
and memo was sent to all member library directors and board presidents.
February 1999 topic was discussed at a meeting of the Director’s
Association
March 1999 topic was discussed at a meeting of the Director’s
Association
March 1999 discussion at UHLS Services Committee
April 1999 topic was discussed at a meeting of the Director’s
Association
April 1999 discussion at UHLS Services Committee
August 1999 interim report sent to State Librarian as required
September 1999 draft plan circulated to membership for discussion
September 1999 discussion at Director’s Association meeting.
Subcommittee formed to refine plan.
October 1999 subcommittee met with Jim Farrell, from Library
Development
October 1999 subcommittee met to refine draft and prepare a
document to be circulated.
November 1999 document will be discussed at Director’s Association
December 1999 document will be submitted to State Librarian.
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