20091202-IR-590080945PRA Adds 590 IAC 6 concerning library standards, including definitions, public library eligibility to receive state funds, library compliance, Interlibrary loan, Indiana document depositories, depository...

TITLE 590 INDIANA LIBRARY AND HISTORICAL BOARD

Proposed Rule LSA Document #08-945

DIGEST

Adds 590 IAC 6 concerning library standards, including definitions, public library eligibility to receive state funds, library compliance, Interlibrary loan, Indiana document depositories, depository library rules, and other changes in the rules concerning library standards. Repeals 590 IAC 1-1-0.5, 590 IAC 1-1-0.6, 590 IAC 1-1-1, 590 IAC 1-1-2.5, and 590 IAC 1-3. Effective January 1, 2011.

590 IAC 1-1-0.5; 590 IAC 1-1-0.6; 590 IAC 1-1-1; 590 IAC 1-1-2.5; 590 IAC 1-3; 590 IAC 6

SECTION 1. 590 IAC 6 IS ADDED TO READ AS FOLLOWS:

ARTICLE 6. GENERAL PROVISIONS

Rule 1. Standards of Eligibility to Receive State Funds

590 IAC 6-1-1 Purpose of rule

Authority: IC 4-23-7.1-11; IC 4-23-7.1-24

Affected: IC 4-23-7.1

Sec. 1. Standards for public libraries are established to:

(1) encourage libraries to maintain a minimum level of service; and

(2) establish criteria for eligibility to receive state and federal appropriations.

(Indiana Library and Historical Board; 590 IAC 6-1-1)

590 IAC 6-1-2 Definitions

Authority: IC 4-23-7.1-11; IC 4-23-7.1-24

Affected: IC 4-23-7

Sec. 2. The following definitions apply throughout this article:

(1) "Bylaws" means the rules adopted by the library board for the:

(A) government of its members; and

(B) regulation of its affairs.

(2) "Class A" means libraries serving a population greater than thirty-nine thousand nine hundred ninety-nine (39,999).

(3) "Class B" means libraries serving a population of at least ten thousand one (10,001) but fewer than forty thousand (40,000).

(4) "Class C" means libraries serving a population of ten thousand (10,000) or less.

(5) "Collection expenditures" means the items purchased by the library for loan and reference including:

(A) books;

(B) audiovisual materials;

(C) electronic media devices; and

(D) databases;

made available to patrons, with operating funds.

(6) "Continuing education" means an approach to education that encourages dynamic and continuous learning.

(7) "Director" means the librarian who is:

(A) the administrative head of the library; and

(B) responsible to the library board for the operation and management of the library.

(8) "Electronic media devices" means devices used by the public to directly access information, excluding peripherals and connectivity.

(9) "Evening hours" means the hours the library is open after 6:00 p.m.

(10) "Fixed location" means each main location, branch, or campus of a library district.

(11) "Full-time" means that the director is paid for:

(A) at least thirty-five (35) hours per week; or

(B) if the library is open fewer than thirty-five (35) hours per week, the number of hours that the library is open.

(12) "Integrated library system" means software used to track:

(A) items owned;

(B) circulation; and

(C) patron records.

(13) "Library board" means the fiscal and administrative body of a public library.

(14) "Library sponsored program" means a workshop, program, seminar, or outreach program sponsored by the library, in which the library's staff plays a significant role, including, but not limited to, technology, informational literacy, early literacy, children's, cultural programming, and other programming offered for the community.

(15) "Population served" means residents or real property taxpayers of the library district taxed for the support of the library.

(16) "Public access computer" means each computer connected to the Internet available to patrons and each workstation with software available to patrons, for example, word processing and spreadsheets, or specialized children's programs. Each fixed service location with wireless access to the library's high-speed public Internet shall be computed as ten (10) public access computers.

(17) "Special services" means library service for people who are:

(A) blind;

(B) deaf; or

(C) physically handicapped.

(18) "Weekend day" means the library is open four (4) hours per day on Saturday or Sunday.

(19) "Young adult" means the age group served by the American Library Association's Young Adult Library Services Association.

(Indiana Library and Historical Board; 590 IAC 6-1-2)

590 IAC 6-1-3 Eligibility to receive state funds; determination

Authority: IC 4-23-7-5; IC 4-23-7.1-24

Affected: IC 4-23-7.1-11; IC 36-12-11

Sec. 3. The eligibility of a public library to receive state or federal funds and services under the provisions of any program for which the Indiana state library is the administrator shall be determined as follows:

(1) Compliance with any requirements that may be set forth in state legislation providing for such funds.

(2) Compliance with Indiana law.

(3) Compliance with the standards promulgated by the Indiana library and historical board.

(Indiana Library and Historical Board; 590 IAC 6-1-3)

590 IAC 6-1-4 Minimum standards for public libraries

Authority: IC 4-23-7.1-11; IC 4-23-7.1-24

Affected: IC 4-23-7; IC 4-23-7.1; IC 6-1.1-18.5; IC 36-12

Sec. 4. (a) The library must operate in compliance with Indiana laws, including the following:

(1) The Public Library Law under IC 36-12.

(2) The Indiana Library and Historical Department Law under IC 4-23-7.

(3) Other Indiana laws that affect municipal corporations.

(b) The library board is responsible for hiring a full-time library director with the education and experience required by the librarian certification rules under 590 IAC 5.

(c) The library board and director shall maintain their separate functions as follows:

(1) The board is responsible for governance and policy.

(2) The director is responsible for administration, operation, and management of the library.

(d) With the advice and recommendations of the library director, the library board shall adopt the following:

(1) An annual classification of employees.

(2) Schedules of salaries.

(3) The proposed library budget.

(4) Library policies.

(e) The library must comply with federal laws affecting employment practice. The library shall have written personnel policies and procedures. Written personnel policies and procedures must address at least the following:

(1) Employment practices, such as the following:

(A) Recruitment.

(B) Selection.

(C) Appointment.

(2) Personnel actions.

(3) Salary administration.

(4) Employee benefits.

(5) Conditions of work.

(6) Leaves.

(f) The Indiana state library will provide orientation materials to new library board trustees and training materials to all library trustees and directors annually. The library board shall adhere to the principles discussed in approved and current Indiana state library publications for library trustees.

(g) The library shall have written bylaws that outline its purpose and its operational procedures and address conflicts of interest issues and nepotism. The bylaws shall be reviewed at least every three (3) years. A copy of the bylaws shall be submitted to the Indiana state library. All amendments to the bylaws that have been adopted by the board in each year shall be submitted with the library's annual report.

(h) With the advice and recommendation of the library director, the library board shall adopt the following written plans and policies:

(1) Collection development.

(2) Principles of access to all library materials and services.

(3) A long-range plan of service for between three (3) to five (5) years. The plan, updates, and revisions must be filed with the Indiana state library. At a minimum, the plan shall include the following:

(A) A statement of community needs and goals.

(B) Measurable objectives and service responses to the community needs and goals.

(C) An assessment of facilities, services, technology, and operations.

(D) An ongoing annual evaluation process.

(E) Financial resources and sustainability.

(F) Collaboration with other:

(i) public libraries; and

(ii) community partners.

(4) A technology plan of service for three (3) years. The plan, updates, and revisions must be filed with the Indiana state library. At a minimum, the plan shall include the following:

(A) Goals and realistic strategy for using telecommunications and information technology.

(B) A professional development strategy.

(C) An assessment of telecommunication services, hardware, software, and other services needed.

(D) An equipment replacement schedule.

(E) Financial resources and sustainability.

(F) An ongoing annual evaluation process.

(G) An automation plan that conforms to national cataloging standards.

(i) All newly constructed and existing library facilities must be in compliance with local, state, and federal building and health and safety codes.

(j) The library must comply with provisions of the federal Americans with Disabilities Act to make its physical and digital services available to everyone.

(k) The library shall provide the following minimum services:

(1) Acquisition, organization, and loan of print, audiovisual, digital, and other collections.

(2) Availability of general collections to the public during regular library hours of operation.

(3) A library expending at least seven and five-tenths percent (7.5%) of its operating fund expenditures for library collections shall meet minimum standards for collection expenditures. A library expending the equivalent of fifteen percent (15%) of its operating expenditures, which includes operating, gift, and related funds, for library collections shall meet enhanced standards for collection expenditures. A library expending the equivalent of twenty percent (20%) of its operating expenditures, which includes operating, gift, and related funds, for library collections shall meet excellent standards for collection expenditures.

(4) The library will provide the following means of communication with the public:

(A) A telephone listed in the library's name.

(B) An answering machine, voice mail, or other similar technology to provide operating hours of the library.

(C) An e-mail address or a means of electronic contact for the library listed on the library's website.

(D) A means to provide copies to the public at each location. A fee may be charged not to exceed a fee established by Indiana state law.

(E) Technology available to transmit documents electronically or through phone lines, for example, a fax machine.

(5) A website that must include the following:

(A) Hours of operation, physical address or addresses, a map for each fixed service location, phone number, and e-mail address.

(B) Electronic resources provided free of charge to the citizens of Indiana by the state of Indiana, for example, INSPIRE.

(C) Public service policies including, but not limited to, circulation policies, fees, and Internet use, adopted by the library board.

(D) The library's online public access catalog.

(E) A calendar of events and programs, which shall be updated at least monthly.

(6) Interlibrary loan is free of charge within Indiana (other than reimbursement for actual direct photocopy and postage costs), and each public library shall lend materials through at least one (1) of the following:

(A) Statewide reciprocal borrowing program.

(B) OCLC Resource Sharing.

(C) Evergreen Indiana.

(D) Local reciprocal borrowing with at least one (1) other public library district within your county or an adjacent county.

(7) Participate in the statewide delivery service provided by the Indiana state library with the following frequency from a single fixed location within the library district:

	Minimum/Basic	Exceeding/Enhanced	Exceptional/Exemplary
Class A Library	Three (3) days/week	Four (4) days/week	Five (5) days/week
Class B Library	Two (2) days/week	Three (3) days/week	Four (4) days/week
Class C Library	One (1) day/week	Two (2) days/week	Three (3) days/week

(8) Adult services that include the following:

(A) Programs and reference services offered by a qualified individual holding the appropriate librarian certificate.

(B) Knowledge of and access to reference materials, including INSPIRE.

(C) A collection of materials for adults.

(D) Space designated in the library for adult services.

(E) Enhanced: designate one (1) or more staff to serve at least part time as an adult services librarian by a qualified individual holding the appropriate librarian certificate at each fixed location.

(F) Exceptional/Exemplary: designate one (1) full-time equivalent staff member designated as an adult services librarian by a qualified individual holding the appropriate librarian certificate at each fixed location.

(9) Young adult services that include the following:

(A) Programs and reference services offered by a qualified individual holding the appropriate librarian certificate.

(B) Knowledge of and access to reference materials, including INSPIRE.

(C) A collection of materials for young adults.

(D) Space designated in the library for young adult services.

(E) Enhanced: designate one (1) or more staff to serve at least part time as a young adult services librarian by a qualified individual holding the appropriate librarian certificate at each fixed location.

(F) Exceptional/Exemplary: designate one (1) full-time equivalent staff member designated as a young adult services librarian by a qualified individual holding the appropriate librarian certificate at each fixed location.

(10) Children's services that include the following:

(A) Programs and reference services offered by a qualified individual holding the appropriate librarian certificate.

(B) A collection of materials for children, parents, and caregivers in each fixed location.

(C) Space in each fixed location designated in the library for children's services.

(D) An annual summer reading program for a minimum of six (6) weeks at each fixed location.

(E) Enhanced: designate one (1) or more staff to serve at least part time as a children's services librarian by a qualified individual holding the appropriate librarian certificate at each fixed location.

(F) Exceptional/Exemplary: designate one (1) full-time equivalent staff member designated as a children's services librarian by a qualified individual holding the appropriate librarian certificate at each fixed location.

(11) Library sponsored programming shall be provided with the following minimum frequency within each library district:

	Minimum/Basic	Exceeding/Enhanced	Exceptional/Exemplary
All Public Libraries	Five (5) library programs for every one thousand (1,000) people served per year, with a minimum of twelve (12) library programs per year regardless of population served.	At least ten (10) library programs for every one thousand (1,000) people served per year, with a minimum of twelve (12) library programs per year regardless of population served.	At least fifteen (15) library programs for every one thousand (1,000) people served per year, with a minimum of twelve (12) library programs per year regardless of population served.

(12) Provide access directly or through the Indiana state library to large print books, Braille books, audio books, and enhanced media to patrons who are unable to read regular print, because of a visual or a physical disability.

(13) An integrated library system with an online public access catalog available on the library's website.

(14) The library shall provide public access computers with a minimum Internet connection speed of one and five-tenths megabytes per second (1.5 MBps) per fixed service location. Computers shall be provided for the use of all persons regardless of residency, so long as such use would not violate any laws or other legally binding prohibitions imposed upon the person, including, but not limited to, fines owed to the library or violations of library policies.

(15) The library shall have a base level of technology consisting of at least one (1) staff computer with office software and operating systems, connected to the Internet and a printer. Public access computers shall be connected to the Internet and printers as detailed as follows:

	Minimum/Basic	Exceeding/Enhanced	Exceptional/Exemplary
Class A and B Public Library	One (1) public access computer connected to the Internet per two thousand (2,000) served. Wireless Internet access for patrons in at least one (1) location.	One (1) public access computer connected to the Internet per one thousand (1,000) served or a minimum of two (2), whichever is greater. Wireless Internet access in at least one (1) location and a scanner for patrons.	One (1) public access computer connected to the Internet per five hundred (500) served or a minimum of two (2), whichever is greater. Wireless Internet access in all public locations and a scanner for patrons.
Class C Public Library	One (1) public access computer connected to the Internet per two thousand (2,000) served or a minimum of two (2), whichever is greater.

(16) The library will purge or mark inactive unused library patron cards at least once every three (3) years, deleting those patrons who have not used the card in the last three (3) years and do not owe materials, fines, or fees to the library.

(l) Hours of service shall be provided to allow the greatest possible access for the community as follows for each public library system. Using the definitions provided in section 2 of this rule, hours open is calculated by taking the total unique hours the district is open for regular public service for the majority of the year. The standards for hours and service days are as follows:

	Minimum/Basic	Exceeding/Enhanced	Exceptional/Exemplary
Class A Libraries	Fifty-five (55) hours per week, including six (6) evening hours and one (1) weekend day	Sixty (60) hours per week, eight (8) evening hours, and one (1) weekend day or sixty (60) hours per week, six (6) evening hours, and two (2) weekend days	Sixty-five (65) hours per week, eight (8) evening hours, two (2) weekend days or sixty-five (65) hours per week, ten (10) evening hours, and one (1) weekend day
Class B Libraries	Forty (40) hours per week, including four (4) evening hours and one (1) weekend day	Fifty (50) hours per week, four (4) evening hours, and one (1) weekend day	Fifty-five (55) hours per week, six (6) evening hours, two (2) weekend days or fifty-five (55) hours per week, eight (8) evening hours, and one (1) weekend day
Class C Libraries	Twenty-four (24) hours per week, including two (2) evening hours and one (1) weekend day	Thirty-five (35) hours per week, including two (2) evening hours and one (1) weekend day	Forty (40) hours per week, including four (4) evening hours and two (2) weekend days or forty (40) hours per week, six (6) evening hours, and one (1) weekend day

(m) The library shall provide support for continuing education for staff and trustees.

(n) The library shall file with the Indiana state library by February 1 of each year an annual report for the preceding calendar year, in the form prescribed by the Indiana state library. Any falsification of statements certifying which standards have been met shall result in the library being required to return to the Indiana state library any state or federal funding that was received. The report shall include a statement certifying which standards have been met, including a statement outlining the library's intention and specific measures planned to reach the remaining requirements not met at that time.

(o) The Indiana library and historical board may provide a temporary waiver, not to exceed one (1) year, for a public library to be exempt from one (1) or multiple public library standards under the following conditions:

(A) The public library is deemed to be out of compliance with one (1) or more standards.

(B) The public library submits an appeal to the Indiana state library seeking a waiver and stipulating the reason or reasons for a temporary or one (1) year waiver to be granted.

(C) The request for a waiver illustrates an unusual or unforeseen circumstance beyond the library's control.

(Indiana Library and Historical Board; 590 IAC 6-1-4)

Rule 2. Indiana Document Depository Libraries

590 IAC 6-2-1 Selection of depository documents by state library

Authority: IC 4-23-7-5; IC 4-23-7.1-24

Affected: IC 4-23-7.1

Sec. 1. Selection of documents to be sent to depository libraries shall be:

(1) made by the Indiana state library; and

(2) determined by the availability and general interest of the document.

(Indiana Library and Historical Board; 590 IAC 6-2-1)

590 IAC 6-2-2 Exemptions from depository program

Authority: IC 4-23-7-5; IC 4-23-7.1-24

Affected: IC 4-23-7.1

Sec. 2. Documents available only through purchase must be obtained directly from the agency of publication by the depository library, if it desires the publication.

(Indiana Library and Historical Board; 590 IAC 6-2-2)

590 IAC 6-2-3 Interlibrary loan and reference services required

Authority: IC 4-23-7-5; IC 4-23-7.1-24

Affected: IC 4-23-7.1

Sec. 3. Depository libraries must:

(1) provide interlibrary loan and reference service in connection with Indiana state documents to the libraries and to citizens in their respective regions; and

(2) make every effort to:

(A) see that depository documents are available to the general public; and

(B) promote their reference use.

(Indiana Library and Historical Board; 590 IAC 6-2-3)

590 IAC 6-2-4 Retention of depository documents

Authority: IC 4-23-7-5; IC 4-23-7.1-24

Affected: IC 4-23-7.1

Sec. 4. All depository documents must be retained at least five (5) years by the depository library.

(Indiana Library and Historical Board; 590 IAC 6-2-4)

590 IAC 6-2-5 Disposal of documents by university depository libraries

Authority: IC 4-23-7-5; IC 4-23-7.1-24

Affected: IC 4-23-7.1

Sec. 5. The university depository libraries must request the approval of the state library before disposing of depository documents retained five (5) years or longer.

(Indiana Library and Historical Board; 590 IAC 6-2-5)

590 IAC 6-2-6 Disposal of documents by secondary depository libraries

Authority: IC 4-23-7-5; IC 4-23-7.1-24

Affected: IC 4-23-7.1

Sec. 6. Secondary depository libraries may, at their own discretion, dispose of documents retained five (5) years or longer, unless the state library has given advance notice that certain documents are needed for the state library's collection.

(Indiana Library and Historical Board; 590 IAC 6-2-6)

590 IAC 6-2-7 Termination as depository library by request or for cause

Authority: IC 4-23-7-5; IC 4-23-7.1-24

Affected: IC 4-23-7.1

Sec. 7. (a) Any depository library has the right to relinquish its privilege at any time by addressing a letter to the director of the Indiana state library stating that the library no longer wishes to be a depository for Indiana state documents.

(b) The privilege may also be taken away by the director of the Indiana state library for failure of the library to adhere to the rules for Indiana document depository libraries.

(c) Upon termination of the depository privilege, either by request or for cause, the library shall request of the director of the Indiana state library instructions concerning disposition to be made of the depository publications of the library.

(Indiana Library and Historical Board; 590 IAC 6-2-7)

SECTION 2. THE FOLLOWING ARE REPEALED: 590 IAC 1-1-0.5; 590 IAC 1-1-0.6; 590 IAC 1-1-1; 590 IAC 1-1-2.5; 590 IAC 1-3.

SECTION 3. SECTIONS 1 and 2 of this document take effect January 1, 2011.

Posted: 12/02/2009 by Legislative Services Agency

DIN: 20091202-IR-590080945PRA

Composed: Nov 01,2016 12:48:59AM EDT

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