Baldwin County libraries implement new policies amid state mandates

By WHISPER EDWARDS
Editorial Assistant
whisper@gulfcoastmedia.com
Posted 11/5/24

The Fairhope Public Library recently introduced parental consent levels to ensure that young patrons can only check out materials that align with their family's preferences.

According to a May …

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Baldwin County libraries implement new policies amid state mandates

Posted

The Fairhope Public Library recently introduced parental consent levels to ensure that young patrons can only check out materials that align with their family's preferences.

According to a May article on AL.com, the executive board approved new legislative code changes earlier this year after receiving more than 6,000 letters and 87 public comments, many of which opposed the changes, according to the reports. Legislators made $6.6 million in state aid contingent on the approval of these changes. This followed Gov. Kay Ivey's mandate for new library policies, which includes relocating "sexually explicit or other material deemed inappropriate for children or youth."

These policies were suggested in October 2023, alongside the public hearing earlier this year on the proposed rule changes from the Alabama Legislative Services Agency that would require libraries to move books deemed "inappropriate" for children to receive state funding.

However, Fairhope is not the only library making changes.

Libraries across Baldwin County have updated policies to comply with the latest APLS guidelines, focusing on age-appropriate material for minors.

These revisions give parents more control over the materials accessible to their children, aligning with APLS Administrative Code Chapter 520-2-2, which mandates safeguards on minors' access to certain materials.

The APLS Administrative Code, revised on July 15, includes several requirements for libraries serving minors in Chapter 520-2-2-.03, stating, "To qualify for state aid, public libraries and public library systems must comply with the appropriate requirements as follows":
The information regarding minors begins with section (i):

"Section (i): Libraries must approve guidelines to ensure that sections designated for minors are free from material containing obscenity or explicit content inappropriate for children and youth. This does not restrict materials on religion, history, biology or human anatomy if presented in age-appropriate formats.

"Section (j): Libraries must follow selection criteria preventing the purchase or acquisition of materials with explicit content or those deemed unsuitable for young patrons, while still allowing age-appropriate materials on subjects like religion and science.

"Section (k): Libraries must require parental approval for any minor wishing to check out materials from adult collections, ensuring parents retain control over their child's exposure to more mature content."

Those interested can view entire Chapter 520-2-2 at https://admincode.legislature.state.al.us/administrative-code/520-2-2.

Some libraries, such as Fairhope's, have already updated policies, while others are in the process of doing so. While Gulf Coast Media was not able to locate or receive confirmation on every library's policy by press time, how each library handles the new code changes is up to the library. Each library has different policies to sign up for a new library card, but it seems that the libraries respect the choices made regarding library cards created at other libraries. For more information about the policies at your local library or any library you or your children may visit, ask the circulation representatives or front desk associates.

In Fairhope, an email newsletter was sent out on Oct. 22 providing insight into the policy change. According to the information, parents can now choose from three levels of access for their children 17 years of age and younger: full access, limited to teen materials or restricted to children's collections only. Fairhope Library officials emphasized that the updates follow state mandates designed to reinforce parental guidance. The full library policy can be found on the library's website.

According to Cynthia Nall with the Robertsdale Public Library, no official policies have been given out at this time. However, Nall stated that the "Robertsdale Public Library Board is in the process of rewriting policies dealing with this matter."

Wendy Congiardo, whose last day as managing librarian of the Thomas B. Norton Public Library in Gulf Shores was Thursday, Oct. 31, confirmed that the library had updated its policies "to ensure that we are adhering to the Administrative Code Changes."

Congiardo affirmed that while she was looking forward to her retirement, she and the staff had made sure everything was set before saying her farewells last week.

"Our policy manual has been approved, and we are in the process of implementing them," Congiardo said.

According to Congiardo, the new rules applying to cards for young people under the age of 18 require parental approval before a minor's card is permitted to check out materials from the library's adult sections. The library offers two types of cards for young patrons. The Restricted Juvenile card, available for ages 17 and under, limits access to the children's and teen sections only, preventing access to materials in the adult sections. The Juvenile library card, available for patrons of any age, allows access to all library collections but requires parental permission.

The Foley Public Library's updated policies, available on its website, clarify its commitment to a diverse and educational collection, noting that the inclusion of any item does not signal endorsement. Each addition to the library's materials aims to support informational and cultural exploration across a range of topics. Recognizing that different materials may have varying impacts, the library does not restrict items based on perceived risks alone. This approach supports a wide array of viewpoints and subjects for patrons, with the understanding that individual preferences and values vary across the community.

However, to remain compliant with the new code changes from APLS, the library offers a structured collection for younger patrons tailored to age-specific needs, divided into sections for children (ages birth to 12) and teens (ages 13 to 18). Parents play an active role in shaping their children's access through the Minor Library Card Permission Form, which designates library card types that limit borrowing privileges based on age. Children may hold a Foley Children's, Tween or Teen card, each granting access to specific collections appropriate for their age range, while an unrestricted Adult Card offers access to all collections with parental permission.

According to Foley Public Library's policy, "Despite the library staff's best efforts to curate appropriate collections, materials that are acceptable to some may be considered offensive by others. Every household and individual has different views on what is appropriate. Only parents or guardians have the authority to restrict their children — and only their children — from borrowing specific materials within the chosen access level. Parents or guardians who do not want their children to have access to certain materials should accompany or advise their children accordingly. Library staff and trustees do not act in loco parentis."

Joanna Bailey, director of Bay Minette Public Library, noted that the library had made changes to its policy "to meet the state requirements in order to receive our state aid funding." Bailey said the new policy would be added to the library's website soon and that the library "will be instituting two types of children's access — one for the entire library collection and another restricted to the children's room only."

Daphne Public Library has updated its policies, which can be found on its website.
According to Emmie Powell, Daphne Public Library director, "Daphne Public Library passed new policies on (Sept. 12) to be compliant with the APLS Administrative Code Chapter 520-2-2 in order to secure our state funding."

Powell said that the library's policies were reviewed by APLS and determined to have met all the necessary policy requirements to be eligible for state funding.

"The major change at the Daphne Public Library is that children under the age of 18 must have their parent or guardian sign a form indicating their permission for their child to have a library card and their permission for their child to access the library's collection," Powell told Gulf Coast Media.

Taylor Bufkin, public information and communications specialist with Baldwin County Commission, emphasized the importance of state funding in supporting library resources across Baldwin County.

"Each library is actively working on preparing and submitting their policies to the Alabama Public Library System for official review and approval. The library directors have been working together on this and other matters while we transition to a new support system. It is our understanding that several of the libraries have received approval letters for their policy submissions," Bufkin told Gulf Coast Media. "A couple of the requirements for libraries to participate in the county-provided joint library services, such as the courier service, are that they must remain eligible for state aid and allow access to all Baldwin County residents."

Bufkin also said that more information regarding the county-supported joint library services would be made available soon.

"A more comprehensive report detailing the transition from (Baldwin County Library Cooperative) to the new county-supported joint services is anticipated to be presented to the Commission at a meeting in December," Bufkin said.