20100414-IR-590080944FRA Amends 590 IAC 1-1-0.6 to delete reference to INCOLSA. Amends 590 IAC 1-1-2.5 to delete reference to INCOLSA and to delete education and experience requirements for library directors. Repeals 590 IAC...

TITLE 590 INDIANA LIBRARY AND HISTORICAL BOARD

Final Rule LSA Document #08-944(F)

DIGEST

Amends 590 IAC 1-1-0.6 to delete reference to INCOLSA. Amends 590 IAC 1-1-2.5 to delete reference to INCOLSA and to delete education and experience requirements for library directors. Repeals 590 IAC 1-2.5. Effective 30 days after filing with the Publisher.

590 IAC 1-1-0.6; 590 IAC 1-1-2.5; 590 IAC 1-2.5

SECTION 1. 590 IAC 1-1-0.6 IS AMENDED TO READ AS FOLLOWS:

590 IAC 1-1-0.6 Definitions

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

Affected: IC 4-23-7

Sec. 0.6. The following definitions apply throughout this rule:

(1) "Accredited college or university" means a college or university that qualifies for membership in the North Central Association of Colleges and Secondary Schools or other regional or national associations of similar rank.

(2) "Administrative experience" means experience attained:

(A) as a head librarian/director; or

(B) by having supervision over and responsibility for the work of other persons.

(3) "Approved library education" means elementary instruction in library science taken, after completion of two (2) years of academic education, in an institution accredited by the American Library Association (ALA) or approved by the Indiana department of education. Similar approved courses in library science taken outside of Indiana may be accepted.

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

(A) government of its members; and the

(B) regulation of its affairs.

(5) "Certification examination" means an exam given by the Indiana state library to librarians for the purpose of obtaining certification levels.

(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 is

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

(8) "Evening hours" mean means the hours the library is open after 5 p.m.

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

(A) thirty-five (35) to forty (40) hours per week; or

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

(10) "Graduate degree" means completion of at least one (1) year of professional study on the graduate level taken in an accredited library school and validated by a diploma such as the Master of Library Science or Master of Information Science.

(11) "Indiana cooperative library services authority" or "INCOLSA" means a cooperative, statewide structure for information and resource sharing.

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

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

(14) (13) "Software" means programs that tell the computer what operations to perform.

(15) (14) "Special services" means library service for special populations such as the blind, deaf, or physically handicapped.

(Indiana Library and Historical Board; 590 IAC 1-1-0.6; filed Jul 25, 1997, 8:30 a.m.: 20 IR 3367; readopted filed Nov 13, 2001, 9:25 a.m.: 25 IR 1303; readopted filed Nov 27, 2007, 10:07 a.m.: 20071226-IR-590070668RFA; filed Mar 17, 2010, 4:00 p.m.: 20100414-IR-590080944FRA)

SECTION 2. 590 IAC 1-1-2.5 IS AMENDED TO READ AS FOLLOWS:

590 IAC 1-1-2.5 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. 2.5. (a) The library must operate in compliance with Indiana laws, including the following:

(1) The Public Library Law (IC 20-14-2; IC 20-14-6; IC 20-14-7-6) under IC 36-12.

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

(3) Other Indiana laws that affect municipal units.

(b) The library board is responsible for hiring a full-time library director with the education and experience required for the size of population served by the library as follows:

(1) Serving a population greater than one hundred fifty thousand (150,000):

(A) graduation from an accredited college or university;

(B) a graduate degree from an ALA accredited library science school; and

(C) six (6) years of library experience, including at least three (3) years of administrative experience after completing the graduate degree.

(2) Serving a population from twenty-five thousand one (25,001) to one hundred fifty thousand (150,000):

(A) graduation from an accredited college or university;

(B) a graduate degree from an ALA accredited library science school; and

(C) three (3) years of library experience after completing the graduate degree.

(3) Serving a population from ten thousand one (10,001) to twenty-five thousand (25,000):

(A) graduation from an accredited college or university; and

(B) a graduate degree from an ALA accredited library science school.

(4) Serving a population from five thousand one (5,001) to ten thousand (10,000):

(A) a bachelor's degree from an accredited college or university; and

(B) at least fifteen (15) semester hours of approved library education, with areas of study to include:

(i) selection and evaluation of media;

(ii) public library administration;

(iii) reference and information sources;

(iv) cataloging and organization of materials; and

(v) children's materials.

(5) Serving a population of five thousand (5,000) or fewer:

(A) two (2) years of academic education in an accredited college or university; and

(B) at least nine (9) additional semester hours of approved library education, with areas of study to include:

(i) selection and evaluation of media;

(ii) public library administration; and

(iii) reference and information sources.

(6) A permanent certificate, previously issued by the Indiana library and historical board, based on experience and education, or certification examination in lieu of approved library education, meets the requirements for this section.

(c) (b) The library board shall:

(1) classify employees;

(2) adopt schedules of salaries; and

(3) prescribe duties of employees;

all with the advice and recommendations of the library director.

(d) (c) All newly constructed and existing library facilities (central buildings and branches) must be in compliance with local, state, and federal building and health and safety codes.

(e) The library shall be a member of the Indiana cooperative library services authority (INCOLSA).

(f) (d) The library shall provide the following minimum services:

(1) Acquisition, organization, and loan of materials.

(2) Availability of general collections to the public at all times the library is open.

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

(4) Interlibrary loan free of charge (other than reimbursement for actual photocopy and postage or freight costs).

(g) (e) The library must comply with federal laws affecting employment practice and facilities management.

(h) (f) The library board shall be governed by written bylaws that outline its purpose and operational procedures.

(i) (g) The library shall have a written long-range plan of service for two (2) to five (5) years, including the following:

(1) A statement of community needs, goals, and measurable objectives.

(2) A method for periodic review and evaluation.

(j) (h) The library shall have a written automation plan. that conforms with the automation standards in 590 IAC 2 adopted by the Indiana library and historical board.

(k) (i) The library board shall adopt the following:

(1) A written collection development policy.

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

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

(1) The board is responsible for governance.

(2) The director is responsible for administration.

(m) (k) All library trustees shall follow the principles discussed in current state publications for trustees that are approved by the Indiana state library.

(n) (l) 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:

(A) recruitment;

(B) selection; and

(C) appointment.

(2) Personnel actions, such as:

(A) placement;

(B) performance evaluations;

(C) promotions;

(D) grievances;

(E) disciplinary actions; and

(F) personnel records.

(3) Salary administration.

(4) Employee benefits.

(5) Conditions of work.

(6) Leaves.

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

(p) (n) The library must comply with provisions of the federal Americans with Disabilities Act to make its services available to everyone.

(q) (o) Hours of service shall be provided to allow the greatest possible access for the community as follows:

(1) The library serving a population of fifteen thousand (15,000) or fewer must be open a minimum of twenty (20) hours each week, including at least one (1) evening and some hours on one (1) weekend day.

(2) The library serving a population between of at least fifteen thousand (15,000) and one (15,001) but fewer than thirty thousand (30,000) one (30,001) must be open a minimum of forty-five (45) hours each week, including at least two (2) evenings and at least one (1) weekend day.

(3) The library serving a population over thirty thousand (30,000) must be open a minimum of fifty-five (55) hours each week, including at least three (3) evenings and at least one (1) weekend day.

(r) (p) The library shall provide the following:

(1) Reference services.

(2) Children's services.

(3) Library sponsored programming.

(4) Audiovisual services.

(5) Special services.

(s) (q) The library shall:

(1) inform its public of the services available; and

(2) encourage the use of these services.

(t) (r) The library shall provide at least a base level of technology consisting of:

(1) a computer;

(2) a modem;

(3) a fax;

(4) a printer; and

(5) software;

by January 1, 1998.

(u) (s) The library shall file with the Indiana state library by February 1 of each year an annual report for the preceding calendar year, as of December 31, in the form prescribed by the Indiana state library. Included in the report shall be 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. 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.

(Indiana Library and Historical Board; 590 IAC 1-1-2.5; filed Mar 17, 1986, 4:00 p.m.: 9 IR 1966; errata, 9 IR 2063; filed Jul 25, 1997, 8:30 a.m.: 20 IR 3367; errata, 21 IR 111; readopted filed Nov 13, 2001, 9:25 a.m.: 25 IR 1303; readopted filed Nov 27, 2007, 10:07 a.m.: 20071226-IR-590070668RFA; filed Mar 17, 2010, 4:00 p.m.: 20100414-IR-590080944FRA)

SECTION 3. 590 IAC 1-2.5 IS REPEALED.

LSA Document #08-944(F)

Notice of Intent: 20081224-IR-590080944NIA

Proposed Rule: 20091202-IR-590080944PRA

Hearing Held: January 6, 2010

Approved by Attorney General: March 2, 2010

Approved by Governor: March 17, 2010

Filed with Publisher: March 17, 2010, 4:00 p.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Jim Corridan, Deputy Director, Indiana State Library, 140 North Senate Avenue, Room 407, Indianapolis, IN 46204, [phone], [e-mail]

Posted: 04/14/2010 by Legislative Services Agency

DIN: 20100414-IR-590080944FRA

Composed: Nov 01,2016 12:53:39AM EDT

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