Arkansas Law for School Libraries ArLA 2015 Conference

I am not a lawyer!!!!!!! **Disclaimer**

We are a Local Control State Local Control refers to: (1) the governing and management of public schools by elected or appointed representatives serving on governing bodies, such as school boards or school committees, that are located in the communities served by the schools, and (2) the degree to which local leaders, institutions, and governing bodies can make independent or autonomous decisions about the governance and operation of public schools.

Rules Governing Standards for Accreditation Revised to reflect laws from each legislative session Rules Governing Standards ADE conducts an On-Campus Standards Review at least once every 4 years ADE reviews annual reports every year. Reviews are based on the OSR ChecklistOSR Checklist Questions can be directed to: Elbert Harvey

Rules Governing Standards for Accreditation / Tools for Learning Technical skills: research and Information skills, use of computers and calculators, Data gathering: use of data banks, atlases, dictionaries, almanacs, networks, news sources, and interviews Class Size and Teaching Load Early childhood – 10 (20 with aide) Kindergarten – 20 (22 with ½ time aide) Grades 1-3 – 23 to 25 Grades 4-6 – 25 to 28 Grades 7-12 – 150 (no more than 30 per class)

Rules Governing Standards for Accreditation MEDIA SERVICES Sufficient resources shall be budgeted and spent yearly for purchasing and maintaining an appropriate, current collection A process to provide for input from teachers, parents, and students in the acquisition of instructional materials shall be implemented. These materials shall enhance and support the goals of the school improvement plan.

Rules Governing Standards for Accreditation MEDIA SERVICES (continued) The role of the library media center shall support technology as a tool for learning. Each school with fewer than three hundred (300) students enrolled shall employ at least a half-time, licensed library media specialist. A school with three hundred (300) or more students enrolled shall employ a full-time, licensed library media specialists. The library media specialist(s) shall ensure that access to records and resource data bases shall be available to students. The media specialist(s) shall assist students in the development and use of research skills.

Rules Governing Standards for Accreditation MEDIA SERVICES (continued) The school media collection shall consist of a balance of print, non-print, and electronic media adequate in quality and quantity to meet the needs of the developmentally appropriate curricular program. The minimum book collection, exclusive of textbooks, shall be three thousand (3,000) volumes, or at least eight (8) books per student enrolled, whichever figure is larger. A minimum technology requirement will be one (1) computer per media center with multimedia/networking capacity for administrative purposes only.

Checklist ItemStatusRuleStandardDocumentation 170S/PXI District has policy for addressing challenged materials. Ark. Code Ann. § Media center has written policies for the selection, removal, and retention of materials 171S/CXI Media center has one (1) networked computer for administrative purposes only Observation 172S/PXI Media center shall support technology as a tool for learning. Ark. Code Ann. § Student access to technology, observation

How to use the Arkansas Code Arkansas Code link:

Confidentiality of Patrons’ Records Acts 903 of 1989, 612 of 1995, 677 of 2003, 757 of 2009 Arkansas Code – Title 13: Libraries Library records are confidential Exceptions: the patron, anyone with written consent, and law enforcement with search warrant Does not prohibit disclosure for the purpose of collecting materials or fines, informing patrons about the library and its programs and policies or aggregating statistics

FERPA Family Educational Rights and Privacy Act Federal Law Parents have right to student’s educational record until the student reaches age 18 Parents and students have the right to request the correction of inaccurate information Schools may disclose directory information unless specifically requested by parent otherwise. Notification of opt-out must happen annually Confidentiality applies except with written consent or to comply with law enforcement or in the case of health and safety emergencies

Arkansas Libraries Materials Security Law Act 906 of 1995 Arkansas Code – Title 13: Libraries Penalties for theft and mutilation of library property Act 1573 of 2007 Arkansas Code – “The school district shall not fail or refuse to provide a copy of the student's permanent student record to the receiving school district because the student owes money to the school district for school-related charges, including without limitation charges for: (i) Food services; (ii) Unreturned library books; or (iii) Fees.”

School Properties and Supplies Arkansas Code Arkansas School for the Blind must provide braille and large print textbooks for blind and visually impaired students attending public schools in this state. Arkansas Code School Board must adopt a written policy concerning student and staff use of computers owned by the school district. Arkansas Code Disposition of school property Cannot give, donate or transfer without adequate market value consideration Cannot give away public property valued at $ or more.

Planning Periods & Duties Arkansas Code – Chapter : 30 minute duty-free lunch : Daily Planning Period Minimum of 200 minutes per week No less than 40 minute increments : Non-instructional Duties No more than 60 minutes per week Before or after instructional day Breakfast, lunch, recesses, or scheduled breaks

Rules Governing Professional Development Of the sixty (60) hours of professional development required by law or by contract annually for an educator employed with a school district, thirty-six (36) of those hours shall be credited toward renewal of the educator’s license. Includes: Requirements of TESS – school year 2 hours of Teen Suicide Awareness & Prevention

Professional Development Arkansas Code “A school district shall not deny licensed personnel the opportunity to attend certified instructional staff development sessions conducted by bona fide professional organizations within the state.” May count up to two days of attendance at PD sessions as part of the 10 days required by Standards for Accreditation Arkansas code year cycle of state mandated PD ( is teen suicide) 6 hours of technology

Parental Involvement Plan Arkansas Code , Purchase parenting books, magazines, and other informative material regarding responsible parenting through the school library, advertise the current selection, and give parents an opportunity to borrow the materials for review; Every 4 years attend a 2 hour PD session on Parental Involvement The licensed staff member serving as a parental facilitator shall receive supplemental pay for the assigned duties as required by law. Engage in other activities determined by the school to welcome parents into the school

Tax Exemption Act 1441 of 2005 (an update of Act 32 of 2003) Arkansas Code “Textbooks, library books, and other instructional materials shall be exempt from the gross receipts tax levied by this chapter if purchased by: (1) An Arkansas school district or Arkansas public school that receives state funding; or (2) The State of Arkansas for free distribution to Arkansas school districts or Arkansas public schools.”

Public School Library Media and Technology Act (Chapter 25) Describes duties: Information specialist (1/3) Instructional specialist Teacher of information and technology skills Duties outside of the library Equipment/personnel for production Policies for selection, removal and retention of materials Resources

Presentation Materials Can be found on the Hoorayforbooks wiki: Handouts Slide Presentation Additional Resources

Contact Information Program Advisor, School Libraries Cassandra Barnett, , Coordinator, Division of Public School Accountability Elbert Harvey, General Counsel, Office of Legal Services Kendra Clay,