School Districts

Our school district public library has offered early mail ballots for our 2024 and 2025 budget vote and trustee election. The school district is now telling us that the library is not obligated to offer early mail ballots and that only the school district is obligated to participate in early voting.

So, we have two questions:

Early mail ballots are required in most school district elections by the 2023 “New York Early Mail Voting Act” that went into effect January 1, 2024.[1]

We got a series of questions from a public library system about New York State Retirement. Buckle up, this is a LOT.

We are a school district public library. Can the school require the library to be part of its budget vote if the library desires to be separate from it?

School district libraries are one of the 5 “types” of public library (the others are: association, Indian, municipal, and special district).[1]

Our trustee petitions to run for board seats are due 30 days before our election. That date happens to fall on a Sunday. What is the best practice for dates that fall on a Sunday? What is the best practice for dates that fall on a Saturday? Our petitions are due at the school, the school is closed on Saturday and Sunday.

WARNING! This answer applies only to school district public libraries.[1]

In addition: Caveat…[2] this answer will apply differently to different school district public libraries.

We are an association library that receives about 75% of our operating budget from a tax levy approved by school district voters via a [New York State Education Law Section] 259 ballot proposition. In 2019 the school informed us that they had settled a case with a local resident about the assessed value of their property and how much was paid in taxes in 2018 and 2019.

Let’s give short, punchy answers to the questions and then drill down with further information about each answer.

1. Do we need to pay refunds to tax levies received in prior years?

If the library was not a party to the settlement (which it wasn’t), NO.

Our library gets taxpayer funding from its own line on a school district tax bill. We know this "259" funding is a recurring tax that can only be changed with approval of the voters. That said, this year the total amount remitted by the school district was reduced due to "corrections" made after the tax bills went out.

The short answer is yes, it's true. A school district tax levy, even if it’s a separate line on a school district bill in support of a library, can be reduced if a taxpayer challenges their assessment after the tax bills go out, and yes, since 2022, a library may have to refund overpayments.

We are a small, urban, very diverse school district with a large English Language Learner (ELL) population and a high poverty rate. Our school library spaces are small and do not have adjoining meeting rooms. There is no dedicated prayer/meditation space in our schools either.

In the United States, public schools that accept federal funding are barred from restricting student access to generally available space on the basis of “religious, political, philosophical…” beliefs.[1]

A school district public library is considering installing closed-circuit cameras and thinking of enabling sound recordings, too. Is it legal to record sound, thinking it is a violation of patron privacy? Can board members review the tapes?

The answer to these highly specific questions will assume readers have reviewed the ALA's excellent general guidance at https://www.ala.org/advocacy/privacy/guidelines/videosurveillance and the "Ask the Lawyer" guidance here: https://wnylrc.org/raq/patron-pr

The library is chartered as a school district public library and thus exempt from NYS sales tax. Due to a mold issue we ended up having our HVAC contractor rent two humidifiers for us, the contractor made the arrangements and we paid for the rental via the contractor. The contractor told the renting business that we were tax exempt. The renting business refuses to remove the sales tax.

Short answer: You can't find anything to verify that claim because what is claimed is wrong.

Long answer:  The rental business may be wrong, but I can't blame them the way I can blame someone for parking in a "No Parking" zone.[1]

NOTE: On 5/13/22, Erie 1 BOCES hosted a program[1] regarding school library materials management.  That same week, the Erie County Bar Association hosted a CLE on the same topic[2].

DO ensure your school district library system, school district, or school has a robust and well-thought-out "school library materials policy"[1] ("Policy") governing selection, procurement, cataloging, lending, concerns, re-evaluation, and removal of library materials.