TITLE 13.CULTURAL RESOURCES

Part 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

Chapter 2. GENERAL POLICIES AND PROCEDURES

Subchapter C. GRANT POLICIES

7. TEXAS READS GRANT PROGRAM, GUIDELINES FOR PUBLIC LIBRARIES

13 TAC §§2.171, 2.172, 2.175

The Texas State Library and Archives Commission adopts amended rules, 13 TAC §§2.171, 2.172, and 2.175, without changes to the text as published in the March 25, 2005, issue of the Texas Register (30 TexReg 1723). This section addresses criteria for the Texas Reads grant program.

No comments were received during the comment period.

These amendments are adopted under the authority of Government Code, §441.0092, that provides the commission authority to make grants to fund programs to promote reading and literacy through public libraries, determine eligibility standards for grants, provide procedures for grant applications, and determine the recipient and amount of each grant. The collection of revenue to fund the grant program is authorized under Transportation Code, §504.616.

The amended sections affect the Government Code, §441.0092, and the Transportation Code, §504.616.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 31, 2005.

TRD-200502169

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: June 20, 2005

Proposal publication date: March 25, 2005

For further information, please call: (512) 463-5459


Chapter 3. STATE PUBLICATIONS DEPOSITORY PROGRAM

13 TAC §§3.1 - 3.17

The Texas State Library and Archives Commission adopts the repeal of Chapter 3, §§3.1 - 3.17, regarding the State Publications Depository Program without changes to the proposal as published in the March 25, 2005, issue of the Texas Register (30 TexReg 1724).

Staff review of the rules governing that service indicated that the chapter needed to be restructured and language needed to be updated to improve clarity of the rules and to bring the rules in line with current practices. The commission adopts the repeal of the current rules and a new updated, restructured set of rules governing this service.

No comments were received during the comment period.

This repeal is adopted under Government Code, §441.102(a), which requires the Texas State Library and Archives Commission to adopt policies to ensure the distribution of state publications to depository libraries; Government Code §441.103(b), which requires the Texas State Library and Archives Commission to adopt policies to ensure the acquisition of state publications from state agencies and institutions of higher education; Government Code §441.104(7) - (9), which requires the Texas State Library and Archives Commission to adopt policies to provide indexes of and electronic access to all state publications in electronic format, and Government Code §441.010(b), which establishes an electronically searchable central grant database.

The repeal affects Government Code, §§441.101 - 441.106.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 31, 2005.

TRD-200502172

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: June 20, 2005

Proposal publication date: March 25, 2005

For further information, please call: (512) 463-5459


13 TAC §§3.1 - 3.13

The Texas State Library and Archives Commission adopts new Chapter 3, §§3.1 - 3.13, regarding the State Publications Depository Program, without changes to the proposed text as published in the March 25, 2005, issue of the Texas Register (30 TexReg 1725).

Staff review of the rules governing that service indicated that the chapter needed to be restructured and language needed to be updated to improve clarity of the rules and to bring the rules in line with current practices. The commission adopts the repeal of the current rules and a new updated, restructured set of rules governing this service.

No comments were received during the comment period.

The new sections are adopted under Government Code, §441.102(a), which requires the Texas State Library and Archives Commission to adopt policies to ensure the distribution of state publications to depository libraries; Government Code §441.103(b), which requires the Texas State Library and Archives Commission to adopt policies to ensure the acquisition of state publications from state agencies and institutions of higher education; Government Code §441.104(7) - (9), which requires the Texas State Library and Archives Commission to adopt policies to provide indexes of and electronic access to all state publications in electronic format, and Government Code §441.010(b), which establishes an electronically searchable central grant database.

The new sections affect Government Code, §§441.101 - 441.106.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 31, 2005.

TRD-200502173

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: June 20, 2005

Proposal publication date: March 25, 2005

For further information, please call: (512) 463-5459


Chapter 4. SCHOOL LIBRARY PROGRAMS

Subchapter A. STANDARDS AND GUIDELINES

13 TAC §4.1

The Texas State Library and Archives Commission adopts amended 13 TAC §4.1, with three changes to the standards that are incorporated by reference in the rule, as published in the March 25, 2005, issue of the Texas Register (30 TexReg 1729).

This section establishes standards for school library programs, whose general purpose is to improve school library programs in Texas and their services to students and the community. The standards are a professional tool for objective assessment based on recognized measures of performance, and are based on research that shows a correlation between school library resources and services and greater student achievement.

One lengthy comment was received from a school librarian in Carrollton, Texas. This commenter did not address the text of the actual rule, but made numerous remarks and raised multiple questions regarding the sections of the standards that are included by reference in the rule.

There were 4 general comments on the standards. The agency made a general response to these and then addressed each of the four individually.

General Response: Most of the comments question the requirements necessary for a library to achieve "Exemplary" status. It should be noted that to achieve this status, the standards call for certain levels of staffing and resources. For even the smallest school at the exemplary level, the standards require a minimum of one and one-half certified librarians and one and one-half paraprofessional staff members. By definition, a one-person library will not have a sufficient level of staffing to meet the "Exemplary" status.

Comment 1: The "Example of an Annual Summary or Evaluation Report for the School Library Program" contains six standards under the category "Evaluation of Library Program Strategies for Librarians." This indicates the standards will be used to evaluate librarians and it is important to include in these standards only factors over which librarians have control. The factors are important to consider in evaluating a library program but the document needs to distinguish clearly between factors over which a librarian has control.

Response: The agency responds that this Summary is not part of the standards, but is part of the supplemental materials available for use by librarians. This is not an evaluation tool for the librarian, but rather the library program. Librarians will use the standards for planning and goal setting, as stated in the introduction, and provide a measure to demonstrate to school administrators what constitutes a good program. The librarian carries out the program, but the standards are used to evaluate the program, not the librarian. For example, if the school library had several staff the standards are used to evaluate the program, not individual staff, or the staff as a whole.

Comment 2: Librarians have little control over their membership on campus and district level committees. The standards seem to suggest that in order to be exemplary a librarian must be on all of the committees listed each year, which is impossible, and those strategies that reference such service should be revised to better reflect reality.

Response: The agency responds that taking part in campus and district level committees is encouraged at all levels in the standards. At the exemplary level, the librarian is encouraged to be proactive, to take a leadership role, in asking for inclusion on such committees. Membership each year on all committees is not required.

Comment 3: Standards should be achievable. What percentage of school librarians in Texas do you estimate are exemplary according to these new standards right now?

Response: The agency responds that an estimated 10-20% of programs could meet the exemplary level with some effort, and many more will be exemplary in some areas, but not all. With school library program budgets as low as they generally are, it will be, and should be, impossible for all programs to be exemplary. The standards were developed in alignment with national standards established by the American Association of School Librarians and the National Board for Professional Teaching Standards.

Comment 4: How, and by whom, were the TEKS selected that appear in Table 1, "TAKS objectives and related TEKS student expectations?" My list based on my experience looks quite different. Why are all elementary social studies TEKS excluded?

Response: The agency responds that the Table is part of the supplementary materials, not part of the standards. The process to determine which TEKS could reasonably be expected to be taught in libraries involved sending sections of TEKS to various school library district coordinators. Librarians reviewed the lists and made recommendations for inclusion. The list is comprised of TEKS objectives that are tested on the TAKS test, and social studies is not tested at the elementary level. The list is not intended to be either all-inclusive, or exclusive, and a librarian could add as desired.

There were 26 comments on specific strategies for librarians:

Comment 1: Standard I, Principle 2, Strategy D: A good example of micromanagement. Why do I have to use nine different methods at the exemplary level to encourage students to develop a lifelong appreciation of literature. Only six methods are listed. What would the other three be?

Response: The agency responds that this principle states, "The librarian works collaboratively with students, teachers, and the community to promote local, state, and national reading initiatives that encourage learners to read, write, view, speak, and listen for understanding and enjoyment." The strategy states that for the exemplary level, "Collaborates with members of the learning community and actively engages, directs and encourages students to develop a lifelong appreciation of literature and other creative expressions of information through at least 9 methods throughout the school and community." There are many methods to do this; six suggestions are given, but others are available in the professional literature. The six listed reflect standard practices in libraries. However, the agency agrees that the numbers given at the recognized and exemplary levels should be corrected so that 5, 6, and 7 methods respectively are required for standard, recognized and exemplary levels.

Comment 2: Standard I, Principle 3, Strategy D: What is the role of the librarian in administering the TPRI? This test is administered twice a year to hundreds of children per building at about one hour per child. How could I justify closing the library for that many hours each semester?

Response: The agency responds that at the exemplary level the strategy states, "Elementary librarians collaborate with teachers to administer reading assessment instruments such as the Texas Primary Reading Inventory (TPRI), and collaborate with teachers to determine how the results may be used to improve student reading achievement." No specific role or action is required, but rather that the librarian actively collaborates with the teachers on reading assessments. For example, if part of the class is in the classroom while the test is being administered, and part is in the library, the librarian provides library instruction or library programs to the part of the class that is not taking the test.

Comment 3: Standard I, Principle 3, Strategy F: What constitutes an online training module? Who is going to teach me to develop them? How many a year am I supposed to develop?

Response: The agency responds that educational terms vary but generally an online training module refers to an instructional unit available on a computer. Workshops on how to develop them may be available from many sources, such as education service centers. A specific number is not required, but should be based on the individual program.

Comment 4: Standard II, Principle 1, Strategy C: Another example of micromanagement. Librarians may choose to include students on library advisory committees, but making this an expectation is unreasonable.

Response: The agency responds that this is required only at the exemplary level. Involving students in the management and leadership of the school library program through an advisory committee is accepted practice in national standards such as those of the American Association of School Librarians, Information Literacy Standards for Student Learning www.ala.org/ala/aasl/aaslproftools/informationpower/informationliteracystandards_final.pdf.

Comment 5: Standard II, Principle 2, Strategy A: This conflicts with Standard III, Principle 4, Strategy A. As a one-person library to be open all hours of the instructional day means I never have a lunch break or engage in other activities. I can be exemplary at one, but not both; therefore, both are unachievable. Will there be additional compensation for added hours?

Response: The agency responds that Standard II asks the library program to be open extended hours at all levels to better serve the school community. Standard III asks the librarian to collaborate with teachers through regular sessions both during the school day and beyond at the exemplary level. As stated in the general response, at the exemplary level a higher level of staffing is required to achieve that status.

Comment 6: Standard II, Principle 3, Strategy C: How will students benefit if I understand the bidding process?

Response: The agency responds that Standard II, Principle 3, Strategy B at the exemplary level asks librarians to understand standard budget terms and processes, including understanding that the bidding process helps obtain the lowest price for materials and services. Obtaining the lowest price helps maximize budget resources and thus benefits students.

Comment 7: Standard III, Principle 1, Strategy H: This strategy tells me that my professional judgment cannot be trusted. If I have read a book and believe the book needs to be added to the collection, my judgment is reason enough to purchase the book. It is unreasonable to expect me to find five reviews of the book in addition.

Response: The agency responds that at the exemplary level the librarian is asked to use five or more professional resources to locate, evaluate, and select materials. It does not require a librarian to find five reviews for every book. It asks that the librarian have tools to assist in collection development. A librarian would still use professional judgment.

Comment 8: Standard III, Principle 3, Strategy D: Why should I dedicate two computers for circulation since I am a one-person library? I can't use more than one computer at a time. More micromanagement.

Response: The agency responds that an exemplary library would have more than one staff member, as stated in the general response. Having more than one computer for circulation facilitates circulation of materials to customers when there are multiple staff assisting customers.

Comment 9: Standard III, Principle 4, Strategy A: This conflicts with Standard II, Principle 2, Strategy A.

Response: The agency responds that the response to Comment 5 above also applies here.

Comment 10: Standard IV, Principle 1, Strategy A: Are building principals and district directors in the state being notified that working with design professionals is appropriate for librarians?

Response: The agency responds that the standards are being distributed to school administrators as well as school librarians. The Commissioner's Rules Concerning School Facilities specifically mention school libraries. In general, at the exemplary level, the librarian is asked to take a proactive, leadership role.

Comment 11: Standard IV, Principle 2: Why should I be providing members of the learning community with opportunities to meet their recreational needs during and beyond the school day? A school library exists to meet the instructional needs of students. This is irrelevant to the mission of school libraries.

Response: The agency responds that this standard refers to recreational use of school library materials. A primary goal of the school library program is to encourage a love for reading, in addition to fulfilling instructional requirements.

Comment 12: Standard IV, Principle 2, Strategy I: Since my library is in the center of the building, how will I open the library during evenings and weekends without giving access to the rest of the building?

Response: The agency responds that this standard asks that the physical design of the library allow convenient access to the library beyond the instructional day. Evenings or weekends are not required. There are many possible solutions that could be explored with the school administration to ensure access, and secure the rest of the building. An example would be to install gates. Schools are often open beyond the instructional day to accommodate student activities.

Comment 13: Standard IV, Principle 2, Strategy L: What are the Illuminating Engineering Society standards, where do I get a copy, and how will students benefit from my knowledge of them?

Response: The agency responds that the standards for lighting ensure that students and teachers have proper lighting. Librarians should have knowledge of the standards to ensure that the library is properly lit. Copies may be found in libraries or could be requested via interlibrary loan.

Comment 14: Standard V, Principle 1, Strategies A, B, C, D: Who are the community constituents I should be partnering with beyond the school community, and how will this partnering benefit students?

Response: The agency responds that these strategies ask the librarian to establish partnerships within and beyond the school community to contribute to the school library program and student success. Examples of partners may include the public library, other schools, community colleges and universities, businesses, civic groups such as Rotary clubs, and other community non-profit organizations.

Comment 15: Standard V, Principle 2, Strategy E: What sort of resources should I be providing to community members during and beyond the instructional day? This standard implies that part of the mission of the school library is to fulfill the mission of the public library for those unwilling to visit the public library. That is unreasonable.

Response: The agency responds that the standard asks the librarian to provide library materials and services to community members and partners during and beyond the instructional day. This encourages use of libraries and increases support from the community for library program. For example, parents with preschool children should be allowed to check out resources. It is a community service, especially when parents do not have access to a public library.

Comment 16: Standard V, Principle 2, Strategy F: According to this standard twenty days will be added to the length of the school librarian's annual contract. Will the librarian be paid for these days and who will provide the funds?

Response: The agency responds that at the exemplary level the library should be open two days per week during the summer. All funding decisions are made at the local level and the district would determine the source of funds. No librarian is asked to work without compensation.

Comment 17: Standard V, Principle 4, Strategy A: What would be examples of community programs that promote the library?

Response: The agency responds that at the exemplary level the librarian is asked to participate in community programs run by non-profit organizations and others to promote the school library and student success. Examples of community groups are given in Comment 14.

Comment 18: Standard VI, Principle 1, Strategy D: This strategy is only relevant for high school librarians and that should be stated in the document.

Response: The agency responds that this standard states " . . . establishing collaboration with librarians in institutions of higher learning to provide high school students . . ." and thus applies to high school librarians only.

Comment 19: Standard VI, Principle 1, Strategy E: Why should I initiate collaboration with museums and science centers? How will students benefit and how does this relate to school librarianship?

Response: The agency responds that collaboration between libraries and museums is a model best practice as promoted by the Institute of Museum and Library Services. Museums and science centers are learning environments that create interest in subjects and reading, and often have speakers or web-based resources for use by students and teachers. Initiating collaborations with these institutions helps promote student learning and reading, a primary purpose of school libraries.

Comment 20: Standard VI, Principle 3, Strategy A: This is another example of micromanagement. Some librarians may choose to have a selection advisory committee that includes students and community members, but making this an expectation is unreasonable.

Response: The agency responds that having such a selection committee is part of the exemplary level strategy and reflects the AASL national standards, Information Literacy Standards for Student Learning.

Comment 21: Standard VI, Principle 3, Strategy C and D: In my district all cataloging is done at the district level, so this strategy tells me I am condemned to be below standards.

Response: The agency responds that this standard does not state at what level the cataloging must be done. If the cataloging is done at the district level and meets the standard this meets the requirement. The agency agrees that the wording should be clarified and the phrase "campus or district" will be added.

Comment 22: Standard VI, Principle 5, Strategy E: This is another example of micromanagement. Some librarians will choose to organize book clubs, but making this an expectation is unreasonable.

Response: The agency responds that this strategy asks a librarian to inspire a love of reading by relating reading to students' interests through such means as individual dialogue, booktalks, book clubs, or large and small group instruction. Book clubs are not required.

Comment 23: Standard VI, Principle 5, Strategy F: This strategy says I will check out books for teachers on my personal account at the public library. Am I responsible for paying the late fees? This expectation is outrageous.

Response: The agency responds that this strategy asks librarians to provide access to the right book at the right time through resource sharing programs, and to use either a personal or institutional card to borrow needed resources from the public library or through interlibrary loan. Use of a personal card is not required. The librarian may set policies for the use of borrowed materials as they would for any other materials in the library. A common practice is to make such borrowed materials available on reserve only at the library or in the classroom.

Comment 24: Standard VI, Principle 7, Strategy A: This strategy says the librarian will go through the evaluation process twice a year, while classroom teachers go through evaluation once a year. This expectation is unreasonable.

Response: The agency responds that this strategy asks the librarian to review and revise library program goals twice a year with the immediate supervisor at the exemplary level. This is a review of the program goals, not the librarian.

Comment 25: Standard VI, Principle 7, Strategy D: This is another example of micromanagement. Some librarians will choose to read listservs, but making it an expectation is unreasonable. How will students benefit? Why do I have to read three as opposed to some other number?

Response: The agency responds that the exchange of ideas and information on electronic lists provides on-going education in areas such as curriculum, research, collection development, and technology. The exemplary level asks a librarian to read three such electronic lists to ensure exposure to a broad range of ideas and information. This on-going education enriches the librarian's experience and thus benefits students and the school community.

Comment 26: Standard VI, Principle 7, Strategy E: This strategy says every librarian in the state will submit a proposal to a conference every year. From a mathematical standpoint alone this is unreasonable. Are there any other professional fields in which practitioners are expected to submit a proposal to a conference every year?

Response: The agency responds that the language needs to be clarified and will be changed to reflect on the exemplary level that a librarian should attend a regional, state, or national association conference annually, present information gained at the campus and district level, and participate actively in regional, state, or national professional associations through such activities as serving on committees or presenting programs.

This amended section is adopted under the authority of Education Code, §33.021, which provides the Commission authority to adopt school library standards.

The adopted amended section affects the Education Code, §33.021.

§4.1.School Library Programs: Standards and Guidelines for Texas.

(a) The School Library Programs: Standards and Guidelines for Texas, which are available at http://www.tsl.state.tx.us/ld/pubs/index.html, are adopted by the Texas State Library and Archives Commission. The Standards and Guidelines are based on the work and recommendations of an advisory committee formed to review and update the current Standards and Guidelines.

(b) The School Library Programs: Standards and Guidelines for Texas are applicable to local Texas school districts (Independent, consolidated, common, or municipal districts and charter schools accredited by the Texas Education Agency as provided by TEC Chapter 11 Subchapter D, Chapter 39).

(c) The School Library Programs: Standards and Guidelines for Texas, describe six components for school library programs: Learner-Centered Teaching and Learning, Learner-Centered Program Leadership and Management, Learner-Centered Technology and Information Access, Learner-Centered Library Environment, Learner-Centered Connections to Community, and Learner-Centered Information Science and Librarianship. The Standards and Guidelines describe four levels of achievement, below standard, acceptable, recognized, and exemplary, for the goals within each component.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 31, 2005.

TRD-200502170

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: June 20, 2005

Proposal publication date: March 25, 2005

For further information, please call: (512) 463-5459