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Library Law Page 15

CHAPTER 9A. LIBRARIES

N.J.S.A.
40:9A-1. Federation of city-county libraries

Any county or counties, municipality or municipalities, or any combination thereof, operating libraries pursuant to chapters 33 or 54 of Title 40 of the Revised Statutes may, by contract or agreement, by and between the appropriate board or boards of chosen freeholders and the municipality or municipalities, establish and maintain a federation of their libraries for the purpose of providing such co-operative library services as shall be thereby agreed upon.

L.1956, c. 108, p. 492, 1. Amended by L.1959, c. 179, p. 725, 1.

N.J.S.A.
40:9A-2. Costs; managemen

Such contracts shall set forth the proportion of the cost each party thereto shall assume and specify all the details of the management of the joint undertakings, and any other matters that may be deemed necessary for insertion therein, and may be amended from time to time by the contracting parties.

L.1956, c. 108, p. 492, 2.

N.J.S.A.
40:9A-3. Interlibrary loan services; free use by residents

Such contracts shall provide for the establishment of interlibrary loan services among the federated libraries and the free use for reference purposes of the library resources in the federation by any resident of the area served by the participating municipalities and counties.

L.1956, c. 108, p. 493, 3. Amended by L.1959, c. 179, p. 725, 2.

N.J.S.A.
40:9A-4. Standards for libraries

The State Librarian, subject to the approval of the President of Thomas Edison State College, shall formulate and promulgate standards for the said federations of libraries to insure the public convenience in the use of such library services.

L.1956, c. 108, p. 493, 4. Amended by L.2001, c.137, 44.

NEW JERSEY ADMINISTRATIVE CODE

TITLE 15. DEPARTMENT OF STATE

CHAPTER 20

PUBLIC, SCHOOL AND COLLEGE LIBRARIES

CHAPTER HISTORICAL NOTE:

Chapter 20, Public, School and College Libraries, was originally codified in Title 6 as Chapter 64, Public, School and College Libraries. Chapter 64 was filed and became effective prior to September 1, 1969.

Subchapter 2, County Library Reorganization, was adopted as R.1983 d.199, effective June 6, 1983. See: 15 N.J.R. 194(a), 15 N.J.R. 890(b).

Pursuant to Executive Order No. 66(1978), Chapter 64, Public, School and College Libraries, was readopted as R.1988 d.67, effective January 11, 1988. See: 19 N.J.R. 1931(a), 20 N.J.R. 368(a).

Public Notice: Public testimony session held on June 17, 1992. See: 24 N.J.R. 2081(a).

Pursuant to Executive Order No. 66(1978), Chapter 64, Public, School and College Libraries, was readopted as R.1992 d.399, effective September 14, 1992. See: 24 N.J.R. 2126(a), 24 N.J.R. 3538(b).

Pursuant to Executive Order No. 22(1994), the expiration date of Chapter 64, Public, School and College Libraries, was extended from September 14, 1997 to March 14, 1999. See: 26 N.J.R. 3783(a) and 3942(a).

Pursuant to Reorganization Plan No. 002-1996, Chapter 64, Public, School and College Libraries, was recodified as N.J.A.C. 15:20, effective February 18, 1999. See: 28 N.J.R. 2659(a), 31 N.J.R. 776(a).

Pursuant to Executive Order No. 66(1978), Chapter 20, Public, School and College Libraries, expired on March 14, 1999.

Chapter 20, Public, School and College Libraries, was adopted as new rules by R.1999 d.167, effective June 7, 1999. See: 31 N.J.R. 743(a), 31 N.J.R. 1499(a).

Chapter 20, Public, School and College Libraries, was readopted as R.2004 d.470, effective November 22, 2004. See: 36 N.J.R. 3241(a), 36 N.J.R. 5692(a). Chapter 20, Public, School and College Libraries, expired on November 22, 2009.

NEW JERSEY STATUTES ANNOTATED

TITLE 18A. EDUCATION

CHAPTER 7. COUNTY SUPERINTENDENTS OF SCHOOLS

N.J.S.A.
18A:7-8. General powers and duties

Each executive county superintendent shall:

a. Visit and examine from time to time all of the schools under his general supervision and exercise general supervision over them in accordance with the rules prescribed from time to time by the State board;

b. Keep himself informed as to the management, methods of instruction and  discipline and the courses of study and textbooks in use, the condition of the  school libraries, and the condition of the real and personal property, particularly in respect to the construction, heating, ventilation and lighting of school buildings, in the local districts under his general supervision, and make recommendations in connection therewith;

c. Advise with and counsel the boards of education of the local districts under his general supervision and of any other district of the county when so requested, in relation to the performance of their duties;

d. Promote administrative and operational efficiencies and cost savings within the school districts in the county while ensuring that the districts provide a thorough and efficient system of education;

e. Based on standards adopted by the commissioner, recommend to the commissioner, who is hereby granted the authority to effectuate those recommendations, that certain school districts be required to enter arrangements with one or more other school districts or educational services commissions for the consolidation of the district’s administrative services;

f. Recommend to the commissioner the elimination of laws the executive county superintendent determines to be unnecessary State education mandates, other than the categories of laws set forth in section 3 of P.L.1996, c.24 (C.52:13H-3);

g. Eliminate districts located in the county that are not operating schools on the effective date of  P.L.2009, c.78 (C.18A:8-43 et al.), in accordance with a plan and schedule included in the plan submitted to and approved by the commissioner;

h. No later than three years following the effective date of sections 42 to 58 of P.L.2007, c.63 (C.18A:7-11 et al.), recommend to the commissioner a school district consolidation plan to eliminate all districts, other than county-based districts and other than preschool or kindergarten through grade 12 districts in the county, through the establishment or enlargement of regional school districts.  After the approval of the plan by the commissioner, the executive county superintendent shall require each board of education covered by a proposal in the plan to conduct a special school election, at a time to be determined by the executive county superintendent, and submit thereat the question whether or not the executive county superintendent’s proposal for the regionalization of the school district shall be adopted.  The question shall be deemed adopted if it receives a vote in accordance with the provisions of N.J.S.18A:13-5.  If the question is adopted by the voters, then the regional district shall be established or enlarged in accordance with chapter 13 of Title 18A of the New Jersey Statutes;

i. Promote coordination and regionalization of pupil transportation services through means such as reviewing bus routes and schedules of school districts and nonpublic schools within the county;

j. Review and approve, according to standards adopted by the commissioner, all employment contracts for superintendents of schools, assistant superintendents of schools, and school business administrators in school districts within the county, prior to the execution of those contracts;

k. Request the commissioner to order a forensic audit and to select an auditor for any school district in the county upon the determination by the executive county superintendent, according to standards adopted by the commissioner, that the accounting practices in the district necessitate such an audit;

l. Review all school budgets of the school districts within the county, and may, pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5), disapprove a portion of a school district’s proposed budget if he determines that the district has not implemented all potential efficiencies in the administrative operations of the district or if he determines that the budget includes excessive non-instructional expenses.  If the executive county superintendent disapproves a portion of the school district’s budget pursuant to this paragraph, the school district shall deduct the disapproved amounts from the budget prior to publication of the budget, and during the budget year the school district shall not transfer funds back into those accounts;

m. Permit a district to submit to the voters a separate proposal or proposals for additional funds pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5), only if: (1) the district provides the executive county superintendent with written documentation that the district has made efforts to enter into shared arrangements with other districts, municipalities, counties, and other units of local government for the provision of administrative, business, purchasing, public and nonpublic transportation, and other required school district services; (2) the district certifies and provides written documentation that the district participates in on-going shared arrangements; or (3) the district certifies and provides written documentation that entering such shared arrangements would not result in cost savings or would result in additional expenses for the district;

n. Promote cooperative purchasing within the county of textbooks and other instructional materials;

o. Coordinate with the Department of Education to maintain a real time Statewide and district-wide database that tracks the types and capacity of special education programs being implemented by each district and the number of students enrolled in each program to identify program availability and needs;

p. Coordinate with the Department of Education to maintain a Statewide and district-wide list of all special education students served in out-of-district programs and a list of all public and private entities approved to receive special education students that includes pertinent information such as audit results and tuition charges;

q. Serve as a referral source for districts that do not have appropriate in-district programs for special education students and provide those districts with information on placement options in other school districts;

r. Conduct regional planning and identification of program needs for the development of in-district special education programs;

s. Serve as a liaison to facilitate shared special education services within the county including, but not limited to direct services, personnel development, and technical assistance;

t. Work with districts to develop in-district special education programs and services including providing training in inclusive education, positive behavior supports, transition to adult life, and parent-professional collaboration;

u. Provide assistance to districts in budgetary planning for resource realignment and reallocation to direct special education resources into the classroom;

v. Report on a regular basis to the commissioner on progress in achieving the goal of increasing the number of special education students educated in appropriate programs with non-disabled students;

w. Render a report to the commissioner annually on or before September 1,  in the manner and form prescribed by him, of such matters relating to the schools under his jurisdiction as the commissioner shall require; and

x. Perform such other duties as shall be prescribed by law.

Any budgetary action of the executive county superintendent under this section may be appealed directly to the commissioner, who shall render a decision within 15 days of the receipt of the appeal.  If the commissioner fails to issue a decision within 15 days of the filing of an appeal, the budgetary action of the executive county superintendent shall be deemed approved. The commissioner shall by regulation establish a procedure for such appeals.

Nothing in this section shall be construed or interpreted to contravene or modify the provisions of the “New Jersey Employer-Employee Relations Act,” P.L.1941, c.100 (C.34:13A-1 et seq.), or to limit or restrict the scope of negotiations as provided pursuant to law, or to require an employer to enter into a subcontracting agreement which affects the employment of any employee in a collective bargaining unit represented by a majority representative during the time that an existing collective bargaining agreement with the majority representative is in effect.

Nothing in this section is intended to interfere with a school district’s ability to provide a thorough and efficient education.

Amended 2007, c.63, s.49; 2009, c.78, s.10.

CHAPTER 32. COUNTY TEACHERS’ LIBRARIES

N.J.S.A.
18A:32-1. Appropriation for establishment and maintenance

Whenever in any county there shall have been raised by a subscription a sum of money not less than $100.00 for the establishment of a library of pedagogical books for the use of the teachers of the public schools, the director of the treasury shall, upon the order of the commissioner, draw his warrant on the state treasurer in favor of the county superintendent of the county for the sum of $100.00 for the benefit of such library. Annually thereafter there shall be paid on a like order a sum not less than $50.00 nor more than $100.00 upon condition that there shall have been raised by subscription a like sum for the maintenance of the library for the year.

N.J.S.A.
18A:32-2. Committee to select books and manage library

The county superintendent and three teachers of public schools in the county appointed by him shall constitute a committee to select and purchase books and apparatus for the library, and to make rules for the management, use, and safekeeping thereof.

EDITORIAL NOTE

Please be advised that the entire text of these regulations have not been reprinted. Only those sections which specifically mention library facilities are included.

NEW JERSEY ADMINISTRATIVE CODE

TITLE 9. HIGHER EDUCATION

CHAPTER 1. LICENSING STANDARDS

Chapter 1, Licensing Standards, was repealed by R.1998 d.106, effective February 17, 1998. See: 29 New Jersey Register 4602(a), 30 New Jersey Register 664(a).

30 N.J.R. 664(a)

Adopted Repeal: N.J.A.C. 9:1

Adopted New Rules: N.J.A.C. 9A:1

TITLE 9A. HIGHER EDUCATION

CHAPTER 1. LICENSURE STANDARDS

Chapter Authority
N.J.S.A. 18A:68-3.
Chapter Source and Effective Date
R.2008 d.253, effective July 28, 2008.
See: 40 N.J.R. 969(a), 40 N.J.R. 5036(b).
Chapter Expiration Date
In accordance with N.J.S.A. 52:14B-5.1b, Chapter 1, Licensure Rules, expires on July 28, 2015.
See: 43 N.J.R. 1203(a).

SUBCHAPTER 1. GENERAL STANDARDS

N.J.A.C.
9A:1-1.9 Library

(a) At its most elementary level, the collegiate teaching and learning process cannot proceed effectively without the essential services, collections, computerized network access, and other resources that are provided and administered by an institution’s library. For this reason, much emphasis is placed upon the adequacy of the library, its collections, and its staffing. In the 21st century, emphasis is also placed on information literacy for all students.

(b) Qualified library professionals, librarians, and support personnel in numbers sufficient to serve the needs of students and faculty shall staff the institution’s library. Every institution, regardless of enrollment or number of academic offerings, shall provide access to at least one qualified library professional with the exception of institutions whose library collection is primarily in a language or languages other than English. Institutions whose collection is primarily in a language or languages other than English shall provide access to a qualified library professional, a librarian, or an individual qualified by way of disciplinary expertise (for example, an earned doctorate, extensive study in the discipline, demonstrated scholarly production, etc.). Each curricular area of the institution should have a library liaison assigned who serves as that department or program’s connection to library and research services.

(c) An associate degree-granting institution with a library of fewer than 20,000 titles or a baccalaureate degree-granting institution with a library of fewer than 50,000 titles shall justify the adequacy of the size of its holdings.

(d) An institution shall demonstrate the development and maintenance of a collection that reflects and supports the curriculum. An institution should compile acquisition and classification data, documenting collection strengths and weaknesses, and have in place a plan to maintain strengths and remedy weaknesses though a combination of physical, virtual, and consortia materials. Institutions are advised to consult the Association of College and Research Libraries “RCL: Resources for College Libraries” or other recognized sources for core collection development.

(e) There shall be a program for continuous acquisition of materials including books, journals, databases, and other instructional materials.

(f) The institution shall catalog and maintain all library holdings appropriately, including providing a protective environment for its physical library material that adequately protects the collection from deterioration and damage.

(g) The institution shall provide clear and consistent methods for on-campus and remote access to electronic resources, and there shall be communication of that information to students in a manner to minimize barriers to usage. To the extent possible at individual institutions, there should be a consistent method for ensuring that electronic resources are archived so that access is possible for virtual library content over time.

(h) The institution shall document evidence of library education programming that encompasses both physical and virtual collections, and the existence of a plan to assess and document effective use of library resources by students and faculty.

(i) An institution should utilize library representatives in the curriculum development process to inform the administration of the library’s ability to offer adequate support for materials and library education.

(j) An institution may enter into contract with another library or libraries for the provision of collections and services, physical or virtual. Institutions shall demonstrate that the collections are appropriate for the curriculum of the institution, that students have convenient access to contracted library services, that there is adequate library instruction provided to students to use effectively the services of the contracted library, and that there are qualified library professionals or librarians available to assist students. The institution shall retain full responsibility for adequacy of resources available to students. Institutions are encouraged to participate in appropriate consortia that allow them to expand and more effectively deliver information resources and services.

(k) An institution shall have in place a plan that articulates how students will obtain information literacy skills as they progress through the curriculum. The plan shall identify outcomes for information literacy skill development, and how those outcomes are measured and assessed. Institutions are encouraged to use a combination of assessment methods to include formal testing, development of student portfolios, examination of research papers bibliographies, and/or other means. Institutions may use either a compartmentalized, or distributed, method of library education, or some combination that meets the needs of the institution. An institution shall provide evidence of faculty and administrator involvement in the development, implementation and operationalization of the information literacy plan. The institution has the responsibility, through its library or though other appropriate means, to make the information literacy plan available to the learning community. Within three years of initial licensure, an institution shall document how students are achieving information literacy outcomes.

N.J.A.C.
9A:1-1.11 Physical facilities

(a) Physical facilities shall be adequate for an institution to fulfill its mission.  The institution’s facilities provide the context in which teaching and learning take place; it is, therefore, critical that this setting be maximally conducive to fostering productive scholarship.  Such facilities generally include, but are not limited to, instructional buildings, laboratories, residence halls, student activity centers, recreational/athletic centers, administrative offices, library/learning resource centers, computing centers, and support service centers.

(b) The institution shall ensure that the physical facilities are safely maintained and are sufficient in quality, size, and number to accommodate students, faculty, and staff; it shall provide adequately equipped laboratories as required for effective instruction and learning.

SUBCHAPTER 2. DEGREE STANDARDS AND PROGRAMMATIC MISSION

N.J.A.C.
9A:1-2.5 Graduate education

(a) The scope of an institution’s graduate curriculum shall closely reflect and support its mission. Graduate education presupposes advanced study beyond the undergraduate curriculum in terms of rigor, expectations of scholarship, curricular depth, and exercise of independent thought.

(b) To fulfill such expectations, an institution’s governing board shall demonstrate a continuing commitment of institutional funds for its graduate programs, particularly for the associated faculty and student research activity. Support for graduate programs should be derived from the general applicable resources of the institution, as well as from tuition and fees paid by students in the programs.

(c) Beyond the needs of the undergraduate college, a graduate school shall have, for each program, a variety and depth of specialized materials available on the campus and through electronic means. For example, the library that supports a graduate program shall provide an adequate and current base for research activities. The library should provide books and other materials, both in the fields of instruction and research and in related areas, to serve as background material and to support special investigation in much greater depth. A library in support of a graduate program also shall provide access to a qualified library professional to provide consultation, research expertise, and support for faculty in curriculum matters.

(d) Existing graduate programs shall be reviewed periodically by the institutions themselves and, insofar as possible, cooperatively with regional and professional accrediting agencies.

(e) The objectives of every graduate or graduate professional program shall be clearly defined and stated. The work in such programs shall be beyond the baccalaureate level in intellectual demand, and a substantial part of it shall be in courses designed explicitly for graduate students, although exceptionally well-qualified undergraduates occasionally may be admitted.

SUBCHAPTER 4. PROPRIETARY INSTITUTIONS

N.J.A.C.
9A:1-4.4 Minimum library requirements

(a) A proprietary institution offering a degree shall have a library collection of sufficient size and composition to meet program objectives and to support high-quality instruction and, where appropriate, research.

(b) The library collection shall be kept up-to-date.

(c) The library shall have qualified library professional(s), librarian(s), and support personnel in numbers sufficient to serve the needs of students and faculty.

(d) Proprietary institutions are held to the standards in  N.J.A.C. 9A:1-1.9.

SUBCHAPTER 6. OFF-CAMPUS OFFERINGS

N.J.A.C.
9A:1-6.2 Branch campuses

(a) Branch campuses must have the prior approval of the Commission. In requesting approval for a branch campus, an institution shall submit to the Commission a formal request that shall include a Statement justifying the need for the site and a description of the proposed courses/programs.

(b) The request shall include also evidence that the proposed courses/programs at the branch campus are at least equivalent in quality to comparable courses/programs on the main campus and evidence that the institution has provided for effective monitoring and controls to maintain quality. The request shall include evidence of the dedication of sufficient resources to implement and maintain the branch campus without eroding the quality of ongoing programs and operations in the rest of the institution.

(c) The request shall provide information on the standards in  N.J.A.C. 9A:1-1.5 through 1.12, with special attention to evidence on the following: the classroom, laboratory, computing, and library facilities are adequate; the provisions for administration, support staff, and counseling are sufficient; and the qualifications of faculty are appropriate. The proportion of courses taught by full-time faculty at a branch campus should be the same as on the main campus.

(d) Upon receipt of a request for approval of a branch campus, Commission staff shall provide to all New Jersey institutions of higher education a summary of the request and invite them to inform the Commission within 30 days as to how they would be affected by the proposed branch campus.

1. If no concerns are raised about the proposal, Commission staff shall forward the request directly to the Commission for action.

2. If concerns are raised, Commission staff shall send all materials to the Presidents’ Council for review and recommendation within 60 days.

(e) An institution proposing to offer at a particular branch campus an approved degree program not previously offered there shall inform the Commission of that offering.

(f) An institution proposing to offer at a branch campus a degree program not previously offered at the main campus shall submit that program for Presidents’ Council review, as required for any new program.

(g) An institution closing a branch campus shall inform the Commission before the closure.


Last Updated: August 5, 2013.

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