Plain Text Law

Chapter 04. Programs for Library Media Services

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
Digital Citizenship.
(a)
“Digital citizenship” means a set of norms that define how to use technology responsibly and appropriately.
(b)
The norms include digital access, etiquette, law, communication, digital literacy, commerce, safety, security, health, wellness, digital rights, and digital responsibilities.
(2)
Digital Literacy.
(a)
“Digital literacy” means the knowledge and skills that enable individuals to effectively utilize digital, information, and communication technologies to locate, evaluate, synthesize, create, and communicate information.
(b)
“Digital literacy” requires both cognitive and technical competencies, as well as an understanding of the human and technological complexities within the digital media landscape.
(3)
Information Literacy.
(a)
“Information literacy” means the knowledge and skills that enable individuals to recognize when information is needed and to effectively locate, evaluate, organize, use, and communicate that information.
(b)
“Information literacy” is critical in situations that involve decision making, problem solving, or knowledge acquisition, requiring the ability to navigate and utilize information in a variety of formats.
(4)
Media Literacy.
(a)
“Media literacy” means the knowledge and skills that enable individuals to interpret and produce media content by encoding and decoding symbols transmitted through various media, while also critically analyzing, synthesizing, and creating mediated messages.
(b)
“Media literacy” includes all forms of electronic, digital, print, and artistic visuals used to convey messages.

Regulation .02 Public School Library Programs.Copy Citation

A.
Each local school system shall establish in each school a unified school library media program for the use of all students which shall include, but not be limited to:
(1)
An organized and centrally managed collection of instructional materials and technologies;
(2)
Instruction emphasizing digital, media, and information literacy integrated into all content areas;
(3)
Appropriate materials and technologies to support the instructional programs of the local school system; and
(4)
A certified school library media specialist.
B.
The school library media program shall be integrated with the local school system’s instructional programs by having certified library media personnel:
(1)
Participate in the development and implementation of all educational programs;
(2)
Participate in the selection of school library media materials; and
(3)
Instruct students, in cooperation with other teachers, in information literacy skills, which have been integrated into other areas of the curriculum.
C.
Each local school system shall develop and implement a plan for its school library media program which shall include the following goals and subgoals to:
(1)
Provide direct instruction to help students become digital, media, and information literate through the achievement of the following learner outcomes:
(a)
Locating and using information resources including digital technologies;
(b)
Reviewing, evaluating, and selecting materials and digital tools for an identified information need;
(c)
Learning and applying reading, research, and critical thinking skills to organize information;
(d)
Comprehending content in various types of media;
(e)
Retrieving and managing information;
(f)
Demonstrating an appreciation of literature and other creative expressions as sources of information and recreation;
(g)
Creating materials with digital tools and formats; and
(h)
Applying ethical behavior to the use of information through digital citizenship instruction;
(2)
Support instruction by:
(a)
Collaborating with school and system level staff as well as with other individuals and organizations;
(b)
Including school library personnel in curriculum development implementation and evaluation at each grade level;
(c)
Providing resources to support instruction; and
(d)
Providing professional development services which include but are not limited to:
(i)
Copyright;
(ii)
Privacy;
(iii)
Accessibility;
(iv)
Instructional technology and digital learning; and
(v)
Digital citizenship;
(3)
Provide services which include but are not limited to:
(a)
Evaluating and selecting instructional materials and technologies in accordance with local board of education policies;
(b)
Implementing procedures for the acquisition, organization, circulation, and removal of instructional materials and technologies in accordance with Education Article, §4-142, Annotated Code of Maryland;
(c)
Providing reference and information assistance for specific requests;
(d)
Promoting instructional materials, technologies, and services that address the interest, information, and instructional support of students, staff, parents, and the community; and
(e)
Providing access to people and information outside of the school community;
(4)
Provide personnel who include:
(a)
Certified school library media personnel with technical or clerical assistance at the school building level to organize and operate a school library media program, and
(b)
A certified library media administrator or central office leadership and technical and clerical assistance to support and coordinate the school library media program;
(5)
Make accessible a comprehensive and organized collection of selected instructional materials and technologies according to policies established by local boards of education; and
(6)
Provide an adequate physical facility which is accessible and conducive to learning.
D.
Each local school system shall have school library media program implementation documents which are reviewed and approved by the local school system on a periodic basis. These documents shall include:
(1)
Selection policies and procedures consistent with §B(2) of this regulation;
(2)
Objection policies and procedures consistent with §E of this regulation;
(3)
Curriculum and instruction documents for teaching digital and information literacy skills including reading, research, and critical thinking skills which:
(a)
Align with the Maryland Standards for School Library Media;
(b)
Align with the Maryland Digital Learning Standards for Students;
(c)
Integrate with content curriculum;
(d)
Include a scope and sequence of skills and objectives; and
(e)
Include the use of technology; and
(4)
Handbooks or manuals of operational procedures which include but are not limited to:
(a)
Circulation policies and procedures;
(b)
Budgeting and purchasing policies and procedures;
(c)
Policies and procedures for the evaluation and removal of obsolete or damaged books;
(d)
Inventory policies and procedures; and
(e)
Policies and procedures for end-of-year reports.
E.
Objection Policies and Procedures.
(1)
Objection Review Committee.
(a)
Each local school system shall establish a committee to review objections to materials in a school library media program.
(b)
The committee must include at least one certified school library media specialist or certified school library media administrator, one classroom teacher, one school administrator, one student, and one parent or guardian representative.
(2)
Each local school system shall establish a uniform process to submit an objection to materials in a school library media program by a student, parent or guardian of a student enrolled in a school in the local school system, or school personnel.
(3)
The process shall include:
(a)
The standards or criteria used to review materials;
(b)
A reasonable timeline to conduct and conclude the review process;
(c)
A requirement that the objection review committee make a recommendation to the local superintendent regarding the objected materials;
(d)
A requirement that the recommendation of the objection review committee be posted publicly for the local school community;
(e)
A 30-day period for the local school community to provide written comment to the local superintendent before the superintendent issues a written decision;
(f)
A requirement that the local superintendent publicly post:
(i)
The written decision;
(ii)
The basis for the decision; and
(iii)
Notice of the right to appeal to the local board for individuals and organizations with established standing; and
(g)
A right to appeal to the local board.
(4)
The local superintendent’s decision is considered prima facie correct, and the local board may not substitute its judgment for that of the local superintendent unless the decision is arbitrary, unreasonable or illegal.
(5)
The approved policy and procedures shall be posted on the website of the local school system.
(6)
The approved policy and procedures shall align with the following standards:
(a)
The materials, services, and resources provided in a school library media program are provided for the interest, information, and instructional support of students and school personnel of the schools the program serves;
(b)
Materials may not be excluded from a school library media program solely because of the origin, background, or views of the individual who created the material; and
(c)
Materials may not be excluded or removed from the catalogue of a school library media program because of partisan, ideological, or religious disapproval.
(7)
Materials under review due to an objection shall remain available for use by students and school personnel until the review process has concluded and a final decision has been issued.
(8)
A county board may not dismiss, demote, suspend, discipline, reassign, transfer, or otherwise retaliate against a librarian, certified library media specialist, or school library media program support staff for performing their job duties consistent with the standards in §F(4) of this regulation.

Regulation .03 Public School Library Program Reporting and Monitoring.Copy Citation

A.
Each local school system superintendent shall certify to the State Superintendent that the elementary and secondary school library media programs meet or are working towards meeting the requirements set forth in these regulations, according to the periodic review schedule established by the State Department of Education, including but not limited to:
(1)
Annual submission of the Maryland Annual School Library Survey by May 31; and
(2)
The biannual submission of the school library media program implementation documents referenced in Regulation .02E of this chapter.
B.
The State Department of Education shall implement a procedure for conducting periodic reviews of local school system school library media programs in order to identify program and professional development needs that exist in library media programs. The Department shall submit a copy of the results of its periodic review to the appropriate local school system superintendent.

Regulation .04 Library Programs Involving Federal Funds.Copy Citation

The regulations for the acceptance and administration of federal funds for the further development of public library and cooperative library services as provided in Public Law 91-600, as amended, shall be those set forth in the Basic State Plan for the administration on the Library Services and Construction Act.

Regulation .05 Special Library Services.Copy Citation

The Maryland State Library Agency shall provide library services to the blind and physically disabled. The Maryland State Library Agency shall receive and utilize the resources of federal agencies in accordance with policies governing these resources. It shall coordinate library service to the blind and physically disabled with those of public libraries and other educational institutions so as to provide an effective Statewide program. The service is provided by the State Library for the Physically Handicapped administered by the Maryland State Library Agency.

Regulation .06 Free Public Library Services.Copy Citation

A.
The board of public library trustees for each county, including Washington County and Baltimore City, shall develop and submit to the Maryland State Library Agency a statement of its policies relating to the provision of free library services to the public. Each statement shall state the board's policies with respect to:
(1)
Limits to be placed on the amount of free services, such as limits on the number of books or other materials borrowed at one time, or time limits on borrowing;
(2)
Online database searches, including a statement of:
(a)
Reasonable time limitations on Internet or database searches; and
(b)
Charges to users for additional online searches;
(3)
Charges for utilities or conveniences available to library users, such as copying machines, printers, fax machines, or other equipment.
B.
The Maryland State Library Agency shall report to the Maryland State Library Board any statements submitted pursuant to this regulation which are not in compliance with State laws and regulations regarding free library services.
C.
“Free library services” is defined to include the use of all library materials and services available for reference/information and for circulation to library users regardless of format, including printed materials, media, computer software, Internet, online databases, or other forms of electronic storage of information.
D.
A public library may not charge usage fees for circulation or use of any materials, excluding late return and excess use charges authorized in this regulation.

Regulation .07 Audits of County Public Libraries.Copy Citation

A.
Audit Required. Each board of library trustees for a county public library shall have an audit made of its financial statements for each fiscal year.
B.
Qualifications and Approval of Auditor. The auditor shall meet the qualifications in COMAR 13A.02.07.04B. The director of the county public library shall submit to the State Librarian for approval, by May 1 of the fiscal year to be audited, the name of the auditor.
C.
Audit Standards and Report. The auditor shall conduct the audit in accordance with the standards in COMAR 13A.02.07.04D and the audit reporting package shall include the information in COMAR 13A.02.07.04E.
D.
Submission of Report. The director of the county public library shall submit a copy of the audit reporting package to the State Librarian and appropriate county governing body by November 1 after the close of the fiscal year, except that a county having a population of more than 500,000 and having a county library agency as provided by Education Article, §23-401(b), Annotated Code of Maryland, shall submit the audit report by January 1 after the close of the fiscal year.
E.
Audits of Federal Awards. Each county public library that expends $500,000 or more in federal awards in any fiscal year shall have an audit made in accordance with COMAR 13A.02.07.05.
F.
Additional Provisions. The provisions of COMAR 13A.02.07.06—.10 shall apply to audits conducted under this regulation.
G.
Exemptions. This regulation does not apply to county public libraries which:
(1)
Do not receive, account for, control, and supervise the spending of any public funds for the library;
(2)
Do not prepare separate financial statements; and
(3)
Are audited as a part of the county government.

Regulation .08 County Library Capital Project Grants Program.Copy Citation

A.
In this regulation, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“LLA” means local library agency or county library system.
(2)
“MSL” means the Maryland State Library Agency.
(3)
“Project completion” means:
(a)
Construction work has been completed in accordance with the contract documents;
(b)
The project architect has issued a certificate of completion;
(c)
The contractor has submitted the application for final payment; and
(d)
The building has been accepted by the LLA.
C.
Responsibilities of MSL. MSL shall:
(1)
Develop and administer a grant program for county library capital projects to provide a uniform and objective analysis of proposed capital projects and support projects that address the library needs in the State;
(2)
Evaluate and prioritize grant requests to provide a uniform and objective analysis of proposed capital projects, including the review of each applicant's library facilities master plan;
(3)
Review proposed county library construction grants and issue approvals that are specific to a definite project with a prescribed scope and cost; and
(4)
Use the following criteria to evaluate capital project requests:
(a)
The public necessity and urgency of a project;
(b)
The need for additional sources of funding for a project;
(c)
The estimated cost and timeliness of executing a project;
(d)
The viability of matching funds for a project;
(e)
Geographic diversity; and
(f)
Other factors that may give priority to a project.
D.
Library Facilities Master Plan.
(1)
By July 1 of each year, as a condition of receiving State project approval, each LLA shall submit to MSL or its designee:
(a)
Countywide library plan, which includes:
(i)
A mission statement;
(ii)
A needs statement; and
(iii)
Multiyear goals and objectives; and
(b)
Library facilities master plan, which includes:
(i)
A description of the capital project approved by the applicant's governing body;
(ii)
An updated and detailed capital improvement program for the following fiscal year; and
(iii)
A library capital improvement program for the following 5 years.
(2)
The annual and subsequent 5-year capital improvement program shall be consistent with the current library facilities master plan of record.
E.
Capital Improvement Projects Grants Program.
(1)
By July 15 of each year, an LLA may submit up to 3 applications to MSL to receive grants for capital projects for the next fiscal year.
(2)
An application shall include:
(a)
A description of the scope and purpose of the project;
(b)
A building plan that includes the estimated total cost of the project, including matching funds; and
(c)
Any other information required by MSL.
(3)
On or before October 1 of each year, MSL shall make a recommendation to the State Library Board regarding LLA capital project grants for the following fiscal year that:
(a)
Identifies capital projects for funding approval; and
(b)
Recommends a maximum State construction allocation for each project.
(4)
On or before November 1 of each year, on approval of the State Library Board, MSL shall forward the list of approved LLA capital projects to the Department of Budget and Management.
(5)
By December 1 of each year, each local library board shall submit documentation that:
(a)
The local government has approved the LLA request for State funds and agreed to provide the required matching funds; and
(b)
The requested State funding will be expended within the fiscal year following the fiscal year in which the funds are requested.
(6)
Amendments to the State capital improvement program that a local library board considers necessary to submit during the course of the year shall be reviewed and approved by MSL and the State Library Board before an amendment may be implemented.
(7)
State and Local Cost Share Formula.
(a)
The State share percentage for a county library capital project approved under this section shall be calculated by dividing the State share of the minimum program for a county calculated under Education Article, §23-505(b), Annotated Code of Maryland, by the library program amount for a county calculated under Education Article, §23-503(b), Annotated Code of Maryland, and multiplying this quotient by 1.25.
(b)
The minimum State share of a county library capital project is 50 percent and the maximum State share of a county library capital project is 90 percent of the project expenses that are approved by MSL pursuant to this regulation and Education Article, §23-502, Annotated Code of Maryland.
(c)
Grants under this program may not be for an amount less than $20,000.
F.
Planning and Design of Capital Projects.
(1)
Land or buildings for a capital project shall be acquired by the board of library trustees or, in Montgomery County, the Department of Public Library Services.
(2)
Architects and Engineers.
(a)
The plans, specifications, and related documents for each construction project shall be developed under the supervision and responsibility of a licensed architect or engineer.
(b)
The LLA shall select the architect or engineer.
(c)
The LLA shall notify MSL of the architect or engineer selected.
G.
Grant Close-Out.
(1)
Within 180 days after project completion, the LLA shall submit a close-out summary to MSL using a form provided by MSL.
(2)
MSL may conduct financial and procedural compliance audits.
H.
Rescinding Funding Approval.
(1)
If, within 2 years after funding is made available for a project, no part of the project is under contract, MSL may determine the project to be abandoned and rescind the funding approval.
(2)
When MSL rescinds funding approval, MSL shall transfer the allocation to the Statewide Contingency Account for the fiscal year in which the project was approved for funding.
(3)
Funds transferred to the Statewide Contingency Account may be used for any project approved in a future LLA capital improvement program.
(4)
After a project approval is rescinded, to be considered for reinstatement, the project shall be submitted as a new project request in a succeeding fiscal year's annual LLA capital improvement program.
(5)
MSL may approve a request to extend the allowable time for placing a project under contract if the extension is justified by unusual circumstances.
Chapter annotations
Authority: Education Article, §5-206 and Title 23, Annotated Code of Maryland
History: Effective date: April 3, 1964
History: Regulation .01 repealed and new Regulation .01 adopted effective July 28, 1986 (13:15 Md. R. 1735)
History: Regulation .01 amended effective September 12, 1994 (21:18 Md. R. 1511); April 3, 2000 (27:6 Md. R. 643)
History: Regulation .02 effective September 1, 1954
History: Regulation .02 repealed and new Regulation .02 adopted effective January 1, 1987 (13:24 Md. R. 2561)
History: Regulation .02 amended effective November 8, 2004 (31:22 Md. R. 1596)
History: Regulation .02B amended effective June 30, 2008 (35:13 Md. R. 1181)
History: Regulation .02C amended effective December 14, 1987 (14:25 Md. R. 2661); October 22, 2018 (45:21 Md. R. 975)
History: Regulation .03 adopted effective February 26, 1979 (6:4 Md. R. 278)
History: Regulation .03 amended effective June 7, 1993 (20:11 Md. R. 915); November 8, 2004 (31:22 Md. R. 1596)
History: Regulation .03D, F amended effective October 22, 2018 (45:21 Md. R. 975)
History: Regulation .04 amended effective February 22, 1980 (7:4 Md. R. 350)
History: Regulation .05 amended effective September 12, 1994 (21:18 Md. R. 1511); October 22, 2018 (45:21 Md. R. 975)
History: Regulation .06 adopted effective May 30, 1988 (15:11 Md. R. 1331)
History: Regulation .06 amended effective June 30, 2008 (35:13 Md. R. 1181)
History: Regulation .06A amended effective September 12, 1994 (21:18 Md. R. 1511)
History: Regulation .06A, B amended effective October 22, 2018 (45:21 Md. R. 975)
History: Regulation .07 adopted effective September 4, 1989 (16:17 Md. R. 1886)
History: Regulation .07 amended effective October 4, 1999 (26:20 Md. R. 1547); September 25, 2006 (33:19 Md. R. 1561)
History: Regulation .07B, D amended effective October 22, 2018 (45:21 Md. R. 975)
History: Regulation .08 adopted effective August 27, 2007 (34:17 Md. R. 1509)
History: Regulation .08 amended effective October 22, 2018 (45:21 Md. R. 976)
History: Annotation: COMAR 13A.05.04.06 cited in Attorney General Opinion No. 87-057 (December 9, 1987)
History: Regulation .01 repealed and new Regulation .01 adopted effective May 25, 2026 (53:10 Md. R. 455)
History: Regulation .02 repealed and new Regulation .02 adopted effective May 25, 2026 (53:10 Md. R. 455)
History: Regulation .03 repealed and new Regulation .03 adopted effective May 25, 2026 (53:10 Md. R. 455)