Library Ed Code

PROVIDED BY CONNIE WILLIAMS 05/14/12

Staffing

Legislatively, the bottom line at this point is this:

"What appellants fail to recognize is that there is no statutory requirement that librarians be employed. The code simply provides that if a librarian is employed, the librarian must be credentialed. Indeed, it has been held that the provisions of section 18120 providing that school districts "may" employ credentialed librarians to staff their libraries does not require a district to employ certificated librarians to provide required library services. (Campbell Elementary Teachers Assn. Inc. v. Abbott, supra, 76 Cal. App. 3d 796, 811.)" http://law.justia.com/cases/california/calapp3d/144/627.html

On April 20, 2011 in Anaheim Union High School District, when the Teacher Librarian Positions were eliminated, Daniel Juarez, Judge for the Office of Administrative Hearings ruled:

"Nothing in the Education Code requires any particular ratio of librarians to school libraries. While it is reasonable to be dubious about the ability of one librarian to serve all 18 of AUHSD's school sites, the Governing Board is allowed the discretion to decide whether to reduce or eliminate librarian services (San Jose Teachers Association v. Allen (1983) Campbell Elementary Teachers Association Inc. v. Abbott (1978)

44869. A teacher librarian, when employed full time as a teacher librarian or serving full time, partly as a teacher librarian and partly as a teacher, shall rank as a teacher.

Materials Collection

Public School Fair Debt Collection Act

See EC Section 48904 amended September 20, 2018

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB1974

(g) (1) This section shall not apply to debt owed as a result of vandalism or to cover the replacement cost of public school or school district books, supplies, or property loaned to a pupil that the pupil fails to return or that are willfully cut, defaced, or otherwise injured. A public school or school district may offer a pupil or former pupil, with the permission of the parent or guardian of the pupil or former pupil, alternative, nonmonetary forms of compensation to settle debt described in this paragraph. Alternatives that include service or work in exchange for repayment of a debt shall comply with all provisions of the Labor Code, including those sections relating to youth employment.

(2) Paragraph (1) shall not apply if the pupil is a current or former homeless child or youth or a current or former foster youth.

LEGISLATION AFFECTING TEACHER LIBRARIANS AND SCHOOL LIBRARY STAFFING IN CALIFORNIA

Administrators Assignment Manual from CTC

Non-Credentialed Library Staff: CTC recognizes the appropriate inclusion of non-credentialed staff to assist in the delivery of library services. Employing agencies may use non-credentialed individuals to assist in the provision of library services, provided that

the employment of non-credentialed personnel (technicians, pupil or parent volunteers, classified employees, etc.) is not intended to supersede the requirement to include holders of the Library Media Teacher Services Credential or other credentials authorizing library service in the coordination and implementation of public school library programs.

California Education Codes

Education Code 44868 requires that: “No person shall be employed as a library media teacher in any elementary or secondary school, unless he or she holds a valid credential of proper grade authorizing service as a library media teacher or a valid teaching credential issued by the Commission on Teacher Credentialing if he or she has completed the specialized area of librarianship.”

Education Code 18100 requires school districts to provide library services. It states: “The governing board of each school district shall provide school library services for the pupils and teachers of the district by establishing and maintaining school libraries or by contractual arrangements with another public agency.”

Education Code 18103 requires that libraries be open during the school day for students and teachers. It states: “The libraries shall be open to the use of the teachers and the pupils of the school district during the school day. In addition, the libraries may be open at other hours, including evenings and Saturdays, as the governing board may determine. Libraries open to serve students during evening and Saturday hours shall be under the supervision of certificated personnel…”

Education Code 18810 defines school libraries as: “ (u) "School library" means a library that is established to support the curriculum-related research and instructional reading needs of pupils and teachers and provides the collections, related equipment, and instructional services of a staff for an elementary or secondary school.

Education Code 35021 prohibits the use of volunteers to replace classified employees. This seems like its extended to Teacher Librarians through EC 44868. It states:

“(b) No district may abolish any of its classified positions and utilize volunteer aides, as authorized herein, in lieu of classified employees who are laid off as a result of the abolition of a position. A district shall not refuse to employ a person in a vacant classified position and use volunteer aides in lieu of filling the classified position.

“(c) It is the intent of the Legislature to permit school districts to use volunteer aides to enhance its educational program but not to permit displacement of classified employees nor to allow districts to utilize volunteers in lieu of normal employee requirements.”

California Code of Regulations

Title 5, Division 8, Chapter 1, Article 2, section 80053(b) authorizes holder of a Teacher Librarian credential to provide the following

instruction and services:

“(b) Authorization. The Library Media Teacher Services Credential authorizes the holder to instruct pupils in the choice and use of library materials; to plan and coordinate school library programs with the instructional programs of a school district; to select materials for school and district libraries; to coordinate or supervise library programs at the school, district or county level; to plan and conduct a course of instruction for those pupils who assist in the operation of school libraries; to supervise classified personnel assigned school library duties; and to develop procedures for and management of the school and district libraries.”

Title 5, Division 1, Chapter 16, Subchapter 3, Article 1, Section 16040 defines library services as:

(a) "School library services" include, but are not limited to, the provision, organization, and utilization of materials and related activities supportive of the educational requirements prescribed by law and by the school districts which may include the following:

1. Library Instruction…

2. Curriculum Development…

3. Materials Selection…

4. Access to Materials and Information Resources…

5. Professional Development…”

(2) Nothing in this section shall be construed to preclude local governing boards from employing non-credentialed individuals to assist in the provision of library services, provided that the employment of non-credentialed personnel is not intended to supersede the requirement to include holders of the Library Media Teacher Services Credential or other credential authorizing library service pursuant to Education Code s44868 in the coordination and implementation of public school library programs. Services provided by non-credentialed personnel shall not include those activities requiring possession of a valid Library Media Teacher Services Credential, as specified in Subsection (b) of this section.