Each librarian employed by a county public library in Maryland shall hold a professional certificate issued by the State Superintendent. There shall be Professional Public Librarian Certification and Public Library Director Certification. Professional Public Librarian Certification. An applicant for Public Librarian Certification shall have a master's degree from a library school accredited by the American Library Association. This certificate shall be valid for 5 years and shall be renewed by the State Superintendent for an additional 5 years if the certificate holder has completed 6 semester hours or their equivalent in an accredited institution or in an in-service program in one of the following areas: Management and supervision; Information technology; Reference or technical services; or Other subjects that are relevant to the professional assignment of the librarian. Professional Library Director Certification. An applicant for Professional Library Director Certification shall have: A master's degree from a library school accredited by the American Library Association; and 5 years of experience as a professional librarian with at least 2 years of experience in an administrative or supervisory capacity. This certificate shall be valid for 5 years and may be renewed by the State Superintendent for an additional 5 years if the certificate holder has completed 6 semester hours or their equivalent in an accredited institution or in an in-service program in the areas of library management or administration, and other subjects that are relevant to the professional assignment of a Professional Library Director. An in-service program that forms the basis for credit under this regulation shall meet the standards for approval promulgated by the Maryland State Library Agency. Conditional Degree Certificate. The State Superintendent may issue a Conditional Degree Certificate at the request of a county public library if the State Superintendent determines that an applicant's preparation or experience, or both, are adequate to justify issuance of a conditional certificate. A conditional certificate: Shall be valid for 2 years from the date of its issuance; and May not be renewed. Certificates shall be issued by the State Superintendent upon a written application supported by official transcripts of the applicant's record and other documentation that may be required by the State Department of Education. An application shall contain payment for processing in accordance with the fee schedule that is established by the State Department of Education. The requirements for certification under these regulations are for the purposes of State certification. A county public library may, as a condition for employment, establish additional requirements. An application for renewal of a certificate under these regulations shall be made in writing to the State Superintendent not later than 90 days before the expiration date of the certificate. If the certificate has expired, a holder of a former certificate shall meet the certification requirements of the State Board that are in effect at the time of the application for the new certificate. Definition. The public library associate provides support services requiring rudimentary knowledge of library service, the library collections, and the policies and regulations governing the library. Job Responsibilities. The library associate works under the direction of an experienced professional librarian. Examples of appropriate job responsibilities are: Assisting library patrons in locating information through the library; Providing information to the public on library services, policies, and procedures; Collecting, recording, and compiling information and statistics; Assisting in the preparation and presentation of library programs; Operating a small library branch or service outlet; Assisting in the review and selection of library materials; Checking and transcribing bibliographic and cataloging information as required; and Assisting in the development and maintenance of information technology. Education and Training. To be appointed to a public library associate position, an applicant shall have: A bachelor's degree from an accredited institution; and Completed a minimum of 90 clock hours of approved in-service training or 9 hours of formal academic course work in library science. An appointee with only a bachelor's degree shall have 2 years from the date of appointment to complete the training requirements in §C(1)(b) of this regulation. Upon completion of the training requirements in §C(1) and (2) of this regulation, Library Associates shall complete 6 semester hours or their equivalent in an accredited institution or in an in-service program in subjects that are relevant to the assignment of a Library Associate every 5 years. An in-service program that forms the basis for credit under this regulation shall meet the standards for approval promulgated by the Maryland State Library Agency. Requirements and Responsibilities of Public Library Administrators and Boards of Trustees. Public libraries shall: File with the State Department of Education a letter of assurance of compliance with these regulations; and Maintain personnel records on each library associate to include: Job description; Formal education; Experience; In-service training; and Academic courses completed. Requirements and Responsibilities of the Maryland State Library Agency. The State Library: May perform periodic review and evaluation of the library associate personnel records in each public library system and report to the State Librarian on compliance with these requirements; Shall develop or assist libraries in the development of in-service education and staff development programs appropriate for the training of library associates; Shall publish criteria for the approval of in-service training and the awarding of library associate credits; and Shall approve in-service training for the awarding of library associate credits. 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 104-208, as amended, shall be those set forth in the State Plan for the administration of the Library Services and Technology Act. Definitions. In this regulation, the following terms have the meanings indicated. Terms Defined. “LBPD” means the Maryland Library for the Blind and Print Disabled. “MSL” means the Maryland State Library Agency. “NLS” means the National Library Service for the Blind and Print Disabled of the Library of Congress. Responsibilities of MSL and LBPD. MSL shall provide specialized library services to the blind and print disabled individuals in this State through the LBPD. LBPD shall: Serve as the primary source of books, periodicals, and other information in formats such as Braille, large print, recorded books and digital material; Provide reading material, information, programming, and instruction, in cooperation with local organizations and agencies, to eligible citizens; and Coordinate library services to the blind and print disabled with those of public libraries and other educational institutions so as to provide an effective Statewide program. Population Served. The population served by LBPD includes all Maryland citizens who are unable to read standard-sized print due to conditions including blindness, low vision, learning disorders, or physical conditions. Services Provided. LBPD shall provide reading material, information, programming, and instruction, in cooperation with local organizations and agencies, to eligible citizens. LBPD is responsible for the Maryland Accessible Textbook Program under Education Article, §§11-901—11-906, Annotated Code of Maryland. The Program coordinates the Statewide availability of textbooks and supplementary materials in electronic format to eligible blind or print disabled students who are enrolled in institutions of higher education and institutions of postsecondary education in the State. The population served includes students with print disabilities attending postsecondary educational institutions in the State. Funding for Expenses. MSL shall receive and utilize the resources of federal agencies, including the National Library Service for the Blind and Print Disabled of the Library of Congress, in accordance with the policies governing these resources. LBPD shall receive funding from the State as outlined in Education Article, §23-205(e), Annotated Code of Maryland. 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: 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; Online database searches, including a statement of: Reasonable time limitations on Internet or database searches; and Charges to users for additional online searches; Charges for utilities or conveniences available to library users, such as copying machines, printers, fax machines, or other equipment. 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. “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. 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. 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. 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. 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. 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. 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. Additional Provisions. The provisions of COMAR 13A.02.07.06—.10 shall apply to audits conducted under this regulation. Exemptions. This regulation does not apply to county public libraries which: Do not receive, account for, control, and supervise the spending of any public funds for the library; Do not prepare separate financial statements; and Are audited as a part of the county government. In this regulation, the following terms have the meanings indicated. Terms Defined. “LLA” means local library agency or county library system. “MSL” means the Maryland State Library Agency. “Project completion” means: Construction work has been completed in accordance with the contract documents; The project architect has issued a certificate of completion; The contractor has submitted the application for final payment; and The building has been accepted by the LLA. Responsibilities of MSL. MSL shall: 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; 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; Review proposed county library construction grants and issue approvals that are specific to a definite project with a prescribed scope and cost; and Use the following criteria to evaluate capital project requests: The public necessity and urgency of a project; The need for additional sources of funding for a project; The estimated cost and timeliness of executing a project; The viability of matching funds for a project; Geographic diversity; and Other factors that may give priority to a project. Library Facilities Master Plan. By July 1 of each year, as a condition of receiving State project approval, each LLA shall submit to MSL or its designee: Countywide library plan, which includes: A mission statement; A needs statement; and Multiyear goals and objectives; and Library facilities master plan, which includes: A description of the capital project approved by the applicant's governing body; An updated and detailed capital improvement program for the following fiscal year; and A library capital improvement program for the following 5 years. The annual and subsequent 5-year capital improvement program shall be consistent with the current library facilities master plan of record. Capital Improvement Projects Grants Program. 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. An application shall include: A description of the scope and purpose of the project; A building plan that includes the estimated total cost of the project, including matching funds; and Any other information required by MSL. 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: Identifies capital projects for funding approval; and Recommends a maximum State construction allocation for each project. 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. By December 1 of each year, each local library board shall submit documentation that: The local government has approved the LLA request for State funds and agreed to provide the required matching funds; and The requested State funding will be expended within the fiscal year following the fiscal year in which the funds are requested. 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. State and Local Cost Share Formula. 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. 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. Grants under this program may not be for an amount less than $20,000. Planning and Design of Capital Projects. 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. Architects and Engineers. The plans, specifications, and related documents for each construction project shall be developed under the supervision and responsibility of a licensed architect or engineer. The LLA shall select the architect or engineer. The LLA shall notify MSL of the architect or engineer selected. Grant Close-Out. Within 180 days after project completion, the LLA shall submit a close-out summary to MSL using a form provided by MSL. MSL may conduct financial and procedural compliance audits. Rescinding Funding Approval. 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. 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. Funds transferred to the Statewide Contingency Account may be used for any project approved in a future LLA capital improvement program. 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. MSL may approve a request to extend the allowable time for placing a project under contract if the extension is justified by unusual circumstances. Education Article, §§23-105(c), 23-106, Annotated Code of Maryland Effective date: Regulations .02—.08 recodified from Chapter 13A.05.04, Programs for Library Media Services to be new Regulations .01—.07 under new Chapter 14.38.01, Programs for Library Media Services, effective August 26, 2019 (46:17 Md. R. 727) Regulation .03 amended effective April 15, 2024 (51:7 Md. R. 333) Regulation .04 repealed and new Regulation .04 adopted effective January 14, 2021 (48:1 Md. R. 10) The purpose of this chapter is to establish as a matter of policy and priority that: Library materials, services, and resources exist and should be provided for the interest, information, and enlightenment of all persons the library serves; A library should not exclude material from its catalog because of the origin, background, or views of a person who created the material; and A library should not prohibit or remove material from its catalog because of partisan, ideological, or religious disapproval. In this chapter, the following terms have the meanings indicated. Terms Defined: “County” means any county of the State and Baltimore City. Library. “Library” includes: The State Library Resource Center; A Regional Resource Center; A correctional facility library; A county library system and the Enoch Pratt Free Library in Baltimore; The Maryland State Library for the Blind and Print Disabled; The Maryland Deaf Culture Digital Library; and A metropolitan cooperative service program. “Library” does not include a school library media program established by a local school system. “Objection” means a formal challenge submitted to a library for the purpose of removing, reconsidering, or restricting the presence of materials in a library collection. “School library media program” means a library in a school in the public elementary and secondary education system of this State. Each library shall adopt and follow a written policy for operation of the library that is consistent with the State standards for libraries set forth in Regulation .01 of this chapter. Each policy adopted pursuant to §A of this regulation shall include: An acknowledgement that all Marylanders have the freedom to read; An affirmation that it is the responsibility of the library to provide adequate library services to satisfy the diverse needs of their users; A policy and procedures for librarians and library staff to identify materials that meet users’ needs; A requirement that librarians and library staff curate and develop collections that provide access to the widest possible array of books and other materials that support learning; and A materials reconsideration policy and procedures. A materials reconsideration policy and procedures shall: Establish a uniform process to submit an objection to materials in the library; Require material under review due to an objection to remain available for use by the public and library staff until the review process has concluded; and Establish a reasonable timeline to conduct and conclude the review process in a timely manner. A library board of trustees or other governing body of a library may not dismiss, suspend, discipline, demote, reassign, transfer, or otherwise retaliate against an employee for performing their job duties consistent with the library’s written policy adopted under §A of this regulation. The State Library Board shall ensure that each library that receives State funding is operated in a manner consistent with the State standards for libraries set forth in Regulation .01 of this chapter. Receipt of State funding by a public library is contingent upon the library board of trustees or other governing body for the library adopting a written policy that is consistent with the State standards for libraries and conducting the operation of the library in a manner consistent with the written policy. If the State Library Board certifies that a library has failed to meet the State standards for libraries, the State Library Board shall notify the Comptroller to withhold all State funds from that library. The Comptroller shall continue to withhold funds until the State Library Board certifies that the library has adopted a written policy consistent with the State standards for libraries. Education Article, §§4-142, 23-101, 23-102.1, 23-105-106, 23-202-202.1, 23-205, 23-406, 23-503 and 23-506-507, Annotated Code of Maryland Effective date: March 3, 2025