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Digests of School Library Legislation for Each State

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IGESTS showing separately for each State legislation relating to school libraries in effect January 1, 1940, comprise this part of the bulletin. These digests have been approved by the chief State school officers of the respective States.

Alabama

1. Procedures for Establishment

(a) District (includes the 44 independent city school systems)-Law silent. (b) County (includes the 67 county school systems)-Law silent.

(c) State-Law silent. See 2 (c).

2. Financial Support

(a) District-Law silent. (b) County Law silent.

(c) State-Law silent.

NOTE.-State funds are expended for library books in accordance with rulings of the State board of Education (hereinafter called State board) regarding the administration of two State funds for public schools.

The first is the Minimum Program Fund which is apportioned to county and city school systems on the basis of need in relation to ability to pay. Approximately $105 per white teacher unit and one-half that amount per Negro teacher unit are apportioned for current expenses other than teachers' salaries and transportation. County and city boards of education are authorized to use any part of this amount for school libraries. In addition, the State Board considers a school librarian a teacher if she holds a teacher's certificate, and appropriates funds for the payment of her salary according to the State salary schedule.

The second is the Free Text Book Fund for Elementary Public Schools. The State board has ruled that any surplus in this fund, after the first three grades have been supplied with textbooks, shall be spent for "reference" books (broadly interpreted as library books) for any of the elementary grades. During the 1939-40 school year the State Board expended this surplus amounting to approximately $90,000 for library books which were distributed to city and county school systems on the basis of enrollment, the boards having previously expressed their preferences as to titles.

3. Administration and Supervision-Law silent

4. Books

(a) District-Law silent.

(b) County-Law silent.

(c) State-Law silent.

NOTE. The State Department of Education furnishes local boards of education library book lists which may or may not be used.

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5. Librarians

(a) District-Law silent.
(b) County-Law silent.

(c) State Law silent

NOTE. The State superintendent of education upon approval of the State Board is authorized to prepare rules and regulations governing the training and certification of teachers. The State Department of Education reports that school librarians are certificated as teachers with library science indicated as a major or minor. (Correspondence Aug. 2, 1939.)

6. Relationships With State Library Agencies

(a) District-Law silent.

(b) County-Law silent.

(c) State The act creating a Public Library Service Division in the State Department of Archives and History "shall in no way affect the administration and supervision of public-school libraries which have been or may hereafter be established by aid through the State Department of Education, except by agreement, nor shall this act affect in any way the administration and supervision of public-school libraries under the control of any city or county board of education except by agreement; . . .'

7. Relationships With Public Libraries

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(a) District.-City boards of education may establish or aid in establishing and maintaining public libraries either separately or in connection with public schools.

(b) County.

The Court of County Commissioners, the Board of Revenue, or other governing bodies of the Counties of this State, through their governing bodies, may establish and maintain or aid in establishing and maintaining free public libraries for the use of the citizens of the respective counties, either separately or in connection with public schools, and to that end may accept gifts, donations, and bequests of land, buildings, or money therefor, and may make appropriations from the county treasury in support thereof in such sums as they may deem proper. "Any rural, town, or village school library, may, on application of the district Library Board, to the County Library Board, affiliate such library with the county library, or with the free public library administering the county library, in accordance with rules fixed by the county Library Board or the free Public Library Board." (c) State Law silent

...

ALABAMA SCHOOL CODE-1927, secs. 65-85 and 215; and
GENERAL AND LOCAL LAWS AND JOINT RESOLUTIONS OF
THE LEGISLATURE OF ALABAMA-1939, p. 297-98, 350-52,
and 899-900.

1. Procedures for Establishment

Arizona

(a) District-Board of trustees of any school district may establish and maintain district libraries.

(b) County-Law silent.

(c) State-Law silent.

2. Financial Support

(a) District-Trustees of school districts authorized to purchase library books. Trustees of any school district or city board of education may expend not to exceed 3 percent of total annual budget for services by contract with county or other public libraries. See 7 (a).

(b) County Law silent.

(c) State Law silent.

3. Administration and Supervision

(a) District.

(1) Regulations-Board of trustees shall have control of school district libraries; shall enforce rules prescribed for the government of such libraries; and shall, when requested to so so, report on the library to the county school superintendent.

(2) Community service-Residents of districts may use school district libraries by payment of fees and compliance with regulations prescribed by the boards.

(3) Contract-See 7 (a).

(b) County See 3 (a) (1).

(c) State State superintendent of public instruction shall supply county school superintendents blanks to be used by school district trustees in making reports on school district libraries.

4. Books

(a) District

(1) Selection-Trustees shall purchase library books; but shall exclude from school libraries all books, publications, or papers of a sectarian, partisan, or denominational character.

(2) Care-School district library shall be housed in the schoolhouse. Willful detention of "any books, newspapers, . . . or other property belonging . . . to any public or incorporated library . . . or other educational institution" is a misdemeanor.

(3) Use Residents of districts may use school district libraries. See 3 (a) (2).

(b) County Law silent.

(c) State-Law silent.

5. Librarians

(a) District-Board of school trustees may place school district library under the direct charge of a teacher or other qualified person.

(b) County-Law silent.

(c) State-Law silent.

Note State Board of Education authorized to supervise and control the certification of teachers and prescribe rules and regulations therefor. No regulations have been prescribed for school librarians (Correspondence, State Department of Education, March 14, 1939).

6. Relationships With State Library Agencies-Law silent

7. Relationships With Public Libraries

(a) District "The board of school trustees of any school district or city board of education may enter into a contract or agreement with the proper authorities of any county free library or other public library possessing facilities for rendering the desired service for the procurement of reference or other library books or the extension services of such library."

(b) County See preceding paragraph.

(c) State-Law silent.

SCHOOL LAWS OF ARIZONA, 1931, secs. 989 and 1011;
SESSION LAWS, ARIZONA, 1935, sec. 1058; and REVISED
CODE OF ARIZONA, 1938, sec. 4847.

Arkansas

1. Procedures for Establishment-Law silent

2. Financial Support-Law silent

3. Administration and Supervision

(a) District-Law silent.

(b) County-Law silent.

(c) State State Library Commission "may cooperate with the State Board of Education in devising plans for the care of school libraries, in aiding teachers in their administration and in formulating rules and regulations for their use, such rules and regulations to be promulgated through the State commissioner of education."

4. Books

(a) District-Law silent.

(b) County Law silent.

(c) State Arkansas Library Commission may operate a book service among schools. See 6 (c).

5. Librarians

(a) District-Law silent. (b) County-Law silent.

(c) State-Law silent.

NOTE. State Board of Education shall prescribe rules and regulations for certifying qualified teachers. No regulations have been adopted for school librarians.

6. Relationships With State Library Agencies

(a) District-See (c).

(b) County-Law silent.

(c) State Arkansas Library Commission shall be composed of five members appointed by the Governor, one of whom shall be selected from a list furnished by the State Commissioner of Education. The commission when requested to do so shall give advice to schools relative to methods of organization, selection and cataloging of books and other details of library management. It may operate a book service among schools and other institutions named in the law. See 3 (c).

7. Relationships With Public Libraries-Law silent

DIGEST OF STATUTES OF ARKANSAS, 1937, vol. I, secs. 2632, 2633, 2637 and vol. II, secs. 12290-12296; and SCHOOL LAWS ARKANSAS, 1937, sec. 11454.

1. Procedures for Establishment

California

(a) District-Libraries may be maintained under the control of the district board of trustees or city board of education.

(b) County County superintendent of schools (hereinafter called county superintendent) shall apportion money for libraries; he is also authorized to maintain a teachers' library. See 2 (c) (1) and (2).

(c) State-Law silent

2. Financial Support

(a) District—Trustees of districts not governed by boards of education may request that a portion of State elementary school fund be set aside as a library fund. See (c), first paragraph.

City and county superintendents may request that a portion of the State school fund apportioned to the county be set aside as a library fund. See (c), second paragraph.

(b) County-Since the 1933 Amendment to Art. XIII of the State constitution there are no library funds available from county sources; however, State funds are apportioned by the county superintendent for libraries. (Correspondence, State Department of Education, April 4, 1940). See (c).

(c) State

(1) Library fund-Except in cities governed by boards of education, the superintendent of each county shall annually apportion to each school district, as a library fund, such sums as may be requested by the school trustees, but in no case shall the sums apportioned to any district be less than 25 nor more than 50 dollars for each teacher allowed under the provisions for the apportionment of the State general school fund to the elementary schools of the State. The amounts apportioned to the library fund of an elementary school district are taken from the amount apportioned to such district from the State general fund. If the school district trustees fail to file a request in writing for the library fund, the county superintendent shall apportion to each district not to exceed 50 dollars for each teacher allowed under the provisions for the apportionment of the State general school fund to the elementary schools of the State.

"The county superintendent of each county, or city and county" shall annually apportion to each city, or city and county, not divided into school districts" (applicable only to San Francisco County) as a library fund, such sums as may be requested by the board of education of such city, or city and county, but the amount so apportioned shall not be less than 40 cents nor more than one dollar for each pupil of average daily attendance in the elementary schools. The amount so apportioned shall be deducted from the State school fund apportioned to each city, or city and county, and credited to the library fund of each city, or city and county. If

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