Free direct access requires all public libraries within a system to loan their materials to a library card holder from any other library within that system. This policy, in accordance with Commissioner’s Regulations §90.3, is aimed at ensuring the broadest possible access to information by all New Yorkers, regardless of circumstance.
All public library systems are required to have a Plan of Service. This document outlines the library system's services, goals, and priorities, and provides an overview of its service program. The Plan of Service highlights the library system's objectives and the communities it serves. It also explains how the system intends to fulfill its key roles and responsibilities. A key component of the Plan of Service is free direct access, which is required for all systems. The instructions and guidelines below will assist in developing this section of the Plan.
Describe the planning process for the Free Direct Access Plan using the elements listed below. The free direct access plan is a required portion of the Public Library System’s Plan of Service.
Describe the methods the system will use to assure that all persons living within the system boundaries, including those jurisdictions with a population over 10,000 that do not contract for library services or have their own library, will be served. No distinction in the provision of library service can be made by either the system or the central or co-central library concerning the over/under 10,000 population provisions of this regulation. (See §90.3(d)(2) and (d)(4) for central and co-central library obligations).
Free on-site use of the total resources of the system by all individuals residing within the boundaries of the system is required. Included in free on-site use is the use of computers and access to the Internet. Preference for such service may be given to local residents.
Neither the system nor member libraries may charge individuals for library cards.
If a member library withdraws from the system, the system will not be subject to any loss of state aid so long as the residents of the area encompassed by the withdrawing library receive library services from the system. (See Education Law §272 (1)(c) for more information.) (Based on Commissioner’s Regulation §90.3(d)(2) and (d)(4) central and co-central library must provide services.)
In describing what the system considers "serious inequities and hardships", the system may include the economic impact on the individual libraries. In determining the economic impact on individual libraries, measurements such as the number and proportion of non-resident borrowers, or number and proportion of loans to non-residents and the number of unreturned items loaned to non-residents may be considered.
Excessive borrowing, while varying from system to system, must be defined in a reasonable manner based on the local system’s circulation patterns.
An analysis of the library system must be made. The analysis should include, but not necessarily be limited to, a list of the unserved and a description of the underserved populations within the system.
The system must provide an explanation of the criteria used by the system to identify libraries as having an inadequate level of local income to support the delivery of acceptable library services.
The system, working with member libraries, should contact and negotiate with municipalities to either create or contract for library services where none exists and help to strengthen the support of those libraries with inadequate levels of local support. A summary of these actions should be included in this plan. In cases where the system and member libraries have made repeated and documented unsuccessful attempts to negotiate with municipalities to either create or contract for library services, hardship waivers as described in guideline 6 (b)(i) will be considered.
A reasonable timetable for taking action must be provided.
Assignment of responsibilities for taking actions on expanding the availability of library services to the unserved and underserved in the system must be provided.
Certain modifications to the plan for unrestricted direct access may be made with the approval of the majority of member libraries and without prior approval from the Commissioner of Education. The plan must describe the conditions under which such modifications will be implemented. These restrictions may include:
Certain additional modifications to the plan for unrestricted direct access may be made for individual libraries with the approval of the majority of member libraries and with prior approval from the Commissioner of Education. Such requests will be submitted in writing by the system board of trustees. The system board will not unnecessarily delay the submission of a member request for additional restrictions once the member libraries have approved the request to go forward. They will include, but not be limited to:
The system plan of service, of which the plan for free direct access is a part, is a contract between the State Education Department and the system that allows the system to obtain state aid. As a condition of system membership, the member libraries agree to comply with Commissioner’s Regulations. It is the system’s responsibility to assure member libraries are abiding by the terms of membership. Provide a description of the steps the system took to obtain member library input into the development and/or amendment of this portion of the system plan of service.
The Division of Library Development maintains a comprehensive list of laws and regulations pertaining to libraries in New York State, including citations for free direct access.
As part of their Five-Year Plan of Service, public library systems must complete a Direct Access Plan.