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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 Checklist
• Questions can be directed to:
Elbert Harvey
501-682-4390
[email protected]
Rules Governing
Standards for Accreditation
9.03.2.5/9.03.3.8 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
10.02 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
16.02 MEDIA SERVICES
16.02.1 Sufficient resources shall be budgeted and spent
yearly for purchasing and maintaining an appropriate, current
collection.
16.02.2 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
16.02 MEDIA SERVICES (continued)
16.02.3 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
16.02 MEDIA SERVICES (continued)
16.02.4 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
Item
Status
Rule
Standard
Documentation
170
S/P
XI.
16.02.2
24.18
District has policy for addressing Media center has
challenged materials.
written policies
Ark. Code Ann. § 6-25-105
for the selection,
removal, and
retention of
materials
171
S/C
XI
16.02.4
Media center has one (1)
networked computer for
administrative purposes only
Observation
172
S/P
XI.
16.02.3
24.18
Media center shall support
technology as a tool for
learning.
Ark. Code Ann. § 6-25-103
Student access to
technology,
observation
How to use the Arkansas Code
Arkansas Code link:
http://www.arkansased.gov/divisions/legal/legal-links
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 – 6-18-901
• “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 6-21-105
• 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 6-21-107
• School Board must adopt a written policy concerning student and
staff use of computers owned by the school district.
• Arkansas Code 6-21-110
• Disposition of school property
• Cannot give, donate or transfer without adequate market value
consideration
• Cannot give away public property valued at $100.00 or more.
Planning Periods & Duties
• Arkansas Code – Chapter 17
• 6-17-111: 30 minute duty-free lunch
• 6-17-114: Daily Planning Period
• Minimum of 200 minutes per week
• No less than 40 minute increments
• 6-17-117: 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
5.01.1 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 –
• 2015-16 school year 2 hours of Teen Suicide Awareness &
Prevention
Professional Development
• Arkansas Code 6-17-702
• “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 6-17-709
• 4 year cycle of state mandated PD ( 2015-16 is teen suicide)
• 6 hours of technology
Parental Involvement Plan
• Arkansas Code 6-15-1702, 6-15-703
• 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 26-52-437
• “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
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•
•
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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:
http://hoorayforbooks.pbworks.com/
• Handouts
• Slide Presentation
• Additional Resources
Contact Information
Program Advisor, School Libraries
Cassandra Barnett, 501-682-6576,
[email protected]
Coordinator, Division of Public School Accountability
Elbert Harvey, 501-682-4390
[email protected]
General Counsel, Office of Legal Services
Kendra Clay, 501-683-0960
[email protected]