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I had a couple of requests for a hit so here it is along with my original inquiry.  
It does appear as though there are different regulations from state to state.  
Thanks to all who took the time to reply!
 
Hi All - My district is currently looking at Phase 1 of three potential phases of 
budget cuts.  While media specialists have been spared during Phase 1 (we have four 
media specialists K-12, one at each building in our district), all signs point to 
us being on the list for Phase 2 reductions.  My parapro is on the Phase 1 list.  
At any rate, I'm attempting to be proactive in these tough financial times but 
looking for practical items that I may use to justify our positions, if needed.  
One conception we have always carried is that if the media centers were staffed by 
parapros and not certified media specialists, students would be unable to use the 
media center without a teacher (i.e., coming the media center on a pass to work 
would not be allowed) because of the liability potential.  It is our understanding 
that students should not be monitored solely by a parapro or other non-certified 
staff during the school day.  I'm wondering if we are off base with this assumption 
and how other districts who do have media centers staffed by non-teaching personnel 
handle these situations.  I already have lots of information about the importance 
of having a certified media specialist in the building and access to studies 
showing the impact of that, but when push comes to shove I may need to take a more 
practical approach and relate the simple logistical difficulties of the school day 
without a certified person in the media center.  Thanks for any information you can 
offer!
 
Responses:
This year, our district cut elementary librarians (and one middle school) to 1/2 
librarians.  A parapro is in the library when the librarian is not there.  While 
elementary librarians cover prep time, the district maintains that the parapro can 
cover it in the library as the students "visit" the library.  They deem it 
noninstructional time, but it is part of the contact minutes.  We have contacted 
OSPI (Office of the Superintendent of Public Instruction) in our state, but they 
don't seem too concerned.
 
Hope things go better in your district.
*********************************************
My aide's position was cut this year.  When I go to the Board Meeting in December 
to make my annual report, I am going to report it being a case of "spending 10 
dollars to save 5."  So far, circulation is down.  Computer lab attendance is down. 
 (the library is staffed by teachers with study halls when I am split off to the 
elementary.)  Staff use is down.  Teachers are no longer scheduling their classes 
to come to the library because I'm not here for all of their sections.  
 
I spend all my time doing clerical tasks.  I cannot monitor the lab effectively.  
My stress level including blood sugar and blood pressure is up leading to some 
health side effects that are going to cost the district, too.
 
I'm all gloom and doom for this report and would advise your board against it in 
this time of high stakes testing.
 
(Missouri must allow para-professionals to monitor alone because my aide has done 
that for 5 years.)
**********************************************
In Texas, each school district is required to have at least 1 certified
librarian on staff.  I am the certified librarian for my district.  We
have two paraprofessionals who staff the other two buildings.  There has
not been a problem whit students coming to them to work in the library.
A teacher does not have to be present, because the para has the same
authority as a teacher. The paras go through the same staff development
as a certified teacher, so there isn't a problem with liability.  Even
though I am supposed to "oversee" the other two campus' libraries, the
principals do not tell me when someone new is hired, nor do they want my
input. I offer my help, and give it when requested.   
***********************************************
First, Good luck with your cause! About the argument that students cannot be 
supervised by just a para or non-certified staff member. I'm not quite sure this is 
true. I'm in NY, so the laws may be different, but there are several times during 
the day when students are supervised by non-professionals; starting with on the bus 
on the way to school. During lunch, our students are supervised by aides, not 
teachers. On the playground and after-school during sports. Not all of our coaches 
are teachers. Even the director of the play is not a certified teacher - he's a 
play director and college professor.
 
I think if there are other arguments you can use to keep the positions, that would 
be better since I'm not sure this one will stand up to scrutiny.
***********************************************
I don't think having para-pros supervise students is a problem--at least 
not here in Wisconsin.  My aide supervises whichever library I am not 
at, and I know there are many elementary libraries supervised only by 
aides. Non-certified staff often superv ise lunchrooms, recess etc.  
Certainly the para can not provide instruction.
**********************************************
I've been told there is a Law in NJ that says a student may be alone with a para 
for only twenty minutes, no longer. I have not been able to find this in writing 
and at two of the schools in my district the principals choose to ignore this. 
**********************************************
In Cleburne, the elementaries have 2 certified librarians overseeing paras at each 
of seven campuses.    If this comes about for you and you want to talk more, I am 
just an email away.
**********************************************
I am responsible for three elementary buildings with 425, 275 and 100 students give 
or take in each one respectively. I have a full time para in the two smaller 
buildings who teach the K-2 students and I have gr. 3-5 plus all the students in 
the biggest building. I don't like it, but we have been this way for well over 30 
years. Our program is as strong as I can make it. Not perfect by any means, but 
strong.
**********************************************
Nancy, I was always told that if there wasn't a certified person the minutes spent 
being supervised by non certified staff couldn't be counted toward the total number 
of hour that we need to have each year. However if this is true ( and I think if 
you check school code  it is) it is the most blatantly ignored/broken rule on the 
books. I know many many schools that have paras in charge of the library and use 
the library for release time for teachers. When I've asked about it, I've gotten 
some vague reply about teachers being available if needed-- or in the next room or 
that the para is following the teacher's directions. In any event, who is going to 
take account of this time-- dont' think the schools are self reporting and there 
sure aren't any state agencies that check this. - From Michigan
**********************************************
I don't know if anyone has suggested this but you might want to check your union 
contract if you are a member of your teacher's union. If it states that a certified 
teacher should supervise students you might have a chance. The question then 
becomes how the rule is inforced and will the paraprofessionals  be willing to 
stick to the rule. 
**********************************************
That is correct according to Michigan state law. This discussion has come up on the 
MAME listserv a couple of times and while it is technically a violation to use 
parapros in this way, you will find many districts do just that and there have 
never been any consequences. Sadly we are looking at the same thing here in 
Portage. 
**********************************************

I am split between the elementary and middle school and have a parapro at the 
elementary only. She does open the library when I am not there, has in school 
detention, and will teach my classes for me if I am gone. So as far as I am aware 
there is no reason a parapro can't have students in the library working without a 
certified staff member present. Our parapro's are often used as substitute teachers 
in the classrooms to save money on substitutes. I do think that there is a lot that 
the parapro's can't teach since they haven't had the training plus all the 
selection, weeding and other task that without training they don't have any clue 
how to start.
Hope this helps
********************************************
What does your state law say? Here in Missouri we have to have someone 
with at least 60 hours of college credit in the room with students. That 
60 hours can be in anything.
*********************************************
We have full time Paras in our elementary school libraries.  They do
supervise children but are not allowed "to teach".  Our middle school
and high school have certified personnel.  I find that our sixth graders
are coming in with fewer information literacy skills than ever with this
arrangement.  The burden is huge at the middle school.
************************************************
I know right where you are coming from.  Our high schools have certified staff, the 
others (5 elem.) do not.  I am one of the "do nots", though I have a teaching 
license and K-12 media services endorsement (I will spare you details irrelevant to 
your plight).
 
I feel quite sure that somewhere in the dark recesses of someone's bottom drawer of 
a file cabinet, there is a hefty insurance policy that will protect the school 
corp., should something unfortunate happen while students are in the care of a 
non-professional staff member, since such a thing would probably violate the terms 
of your teachers' contract.  A while back, a forward thinking principal here 
realized that the best interests of our students would be served (and the letter of 
the law followed) if classroom teachers had to accompany (not drop off) students to 
the library.  That is what happens in my school, though in all our other 
elementaries, non-professional staff provide prep. time for classroom teachers, 
just the way music, art and PE teachers do.  Now, for me too, there are bugs in 
that "system."  When they need to do it, I am treated like a prof. and I have 
classes when teachers need an extra prep. time for some reason.  (Don't put this in 
print EVER, but for example I have 6 classes from 8:30 to 11:30 once a week, for 
this reason.)  Otherwise, teachers do come with their classes.  Again, in the best 
interests of the kids, it wouldn't occur to me to not let them come to the library 
at times other than their class's designated one.  I try to stick to my guns with 
teachers, but I also try not to punish the kids individually.  (If this makes 
sense.)
 
I'd say that your best bet is to get classroom teachers themselves to see the 
bigger picture here.  Do you have a teachers' association that you can present this 
to?  Unless / until you get your peer educators to stand up and insist on media 
center staff to be treated equally to them, so that THEY can receive the terms 
specified by their own contract, you may have trouble making people see the value 
of having you there.  
 
Do you keep track of collaboration with your classroom teachers?  Perhaps by 
documenting this, you could show how the quality of instruction will be weakened if 
you are not there.  I'll bet if you think about it, there are many examples unique 
to your situation that will argue your case for you.
 
As you mentioned, you can quote statistics from studies conducted all over the 
country that prove that schools with certified staff will show up better on tests, 
produce better readers, however you want to put it.  It just doesn't seem to 
matter, does it, when it comes to the bottom line.
 
I hope that your positions are not cut or diminished in any way.  To work as hard 
and to be as knowledgeable as we are, yet to feel so consistently underappreciated 
and misunderstood.  It hurts, doesn't it?
******************************************************
I'm in the same spot.  In fact, just today I started work on a huge report 
documenting all library services offered, including daily and monthly circulation 
statistics, class visits, pass visits, etc., etc., etc.  Our district has adopted a 
4-tier financial crisis management plan, and I am on tier 3.  I lost one of my 
parapros during tier 2, and now my only other one is being questioned.  I have no 
student aides and serve a 9-12 student population of approx. 1500, with about 110 
faculty members.  I can't even begin to imagine how I could continue to offer 
anywhere near the current level of services if I am left by myself.  Anyway, I 
think my numbers will go a long way toward justifying our existence.
Hope this helps.
*****************************************************
At times when they are hiring a new LMS in this Texas district they always have the 
library open and available with either an aide or even a parent volunteer manning 
the library. Students are free to come and use the library, check out books or do 
work regardless if there is an LMS or not. Maybe check your board policy?
****************************************************
This is where your state laws and/or state standards might be helpful. In Maryland, 
schools that have their media centers staffed by parapros only are technically 
breaking the state law when students come to the media centers unsupervised by a 
certified teacher or licensed substitute teacher. (That's not to say that it is not 
done - it especially prevalent in elementary schools; and the parapros are expected 
to provide planning time for classroom teachers while their classes are in the 
media centers.) You may need to check what Michigan law/standards state for media 
centers to find out for sure.
**************************************************
I am an elementary librarian in Kansas City, Missouri.  My information will 
probably not help you, but I am currently dealing with an issue in my district and 
the certified/non certified issue came up.  I stated that I always stay in the 
library during check-out because that would leave my assistant alone with a class 
and she is not certified.  I was told that since is was not "instruction" time, it 
was perfectly "within the law" that a certified person not have to be present.  I 
don't know if that is true, but that is what my district stated.  Sorry that does 
not support your efforts.  Hopefully that is not true or maybe it varies from state 
to state.
*************************************************
Prior to my position here, I was in a k-12 school, and I have been at other schools 
where I was the only LMS there while teaching English. I was half time English and 
half time library. I was only able to do the high school library, and the para took 
the elementary library. 
So what happened was this. The school met the criteria for having a certified LMS 
on board on paper. In reality, we staffed the para in one center and me in the 
other. I did the ordering for both centers, etc. but she did story time and the 
other day to day operations including check out and so forth.
A another school I was k-12 with a para. In my son's 3rd grade year, he was 
diagnosed with Cancer, and as a result I was gone most of the year. Again, on paper 
we had a certified LMS, but my para ran the media center, calling me on the phone 
we she ran into something she couldn't do. I would be at work on the days that I 
could, but I was gone fairly often.
I've even had a situation when the para was gone, and no one was in the LMC to 
check out books, so we used a clipboard and the honor system where the kids wrote 
down their names, barcode number and book title for check out. If they got a 
different one before I got back, they crossed that title off and wrote down the 
next one.
So, whatever works, I just did it. I know this isn't the answer you were looking 
for, but it might spare your position.
**************************************************
My district (elementary in Arizona) replaced the certified librarians with 
paraprofessionals this year. Now teachers must stay with their classes in the 
library - it's a state law that children must be under the supervision of a 
certified staff member at all times. Perhaps there is a similar law/statute in 
Michigan. Years ago this caused a caused a bit of a stink because previously the 
high school librarians had their MLS only had to go back and get their secondary 
certification.
*************************************************
We are going through the same thing here in Grand Ledge.  Currently I'm staffing 2 
middle schools, alternating days with a library secretary who keeps the place open 
on the days I'm not there.  Our high school had 2 media specialists a few years 
ago, down to one now.
Our district is most likely restructuring next year as you've probably seen in the 
LSJ - closing 2 elementaries, changing elementary from K-5 to 1-6 and putting all 
the K in one building, having one MS grades 7-8.
For our libraries, the plans involves cutting my position & filling it with a 
library secretary and pulling the HS media specialist to work district wide K-12 
(doing what, who knows.....).
I still don't know for sure, but I think our arguments will help prevent this from 
happening.  At least, I'm trying to be optimistic about it!  (The board votes Dec 
12th)
1.  Although a teacher salary is higher than a secretary/para-pro, they will still 
be paying someone.  If you can find out the salary difference I think it helped us 
to argue "is the effect worth this amount?"  Our high school currently has a full 
time secretary as well as the media specialist, so they would have to hire more 
secretarial staff there too - to cover lunchtime, etc.  Keeping me means they can 
keep Chris full time and not hire an extra secretary there.
2.  I oversee 60+ computers plus thousands of dollars in iPods, projectors, 
cameras, etc.  We argued that we have a responsibility to the students and the tax 
payers to take care of this equipment and help make sure it's being used properly
3.  I also argued the supervisory part.  Currently, I often have 20+ students down 
here as walkins - without their teacher.  With a secretary/para staffing, this 
can't happen anymore.
*******************************************************
This might vary by state or district but, I used to work in a district where there 
were no certified LMS at the elem and MS level and there was no problem with them 
being left alone with students. Some districts get around this by saying that the 
uncertified staff work "under the supervision of" a certified person and therefore 
it's ok for them to "teach". You should really look into the rules in your district.
**********************************************************
I dont know if there are different legal requirements about supervision from state 
to state (I am in Iowa), but our media centers are staffed by a full-time 
paraprofessional and I am 1/2 time in each of two buildings.  So, that leaves the 
media center supervised by a parapro 1/2 of each day.  Students are allowed to 
visit the media center on an individual basis to work or to check out books when I 
am not there - supervised only by the parapro.  I've never heard of anyone 
questioning the level of supervision or having a problem with "certified staff" not 
being present at all times.
***********************************************************
In Arkansas there is a state law that prohibits students being supervised by anyone 
other than a certified teacher for other than short periods of time. They can not 
do playground duty or bus duty, etc. Substitute teachers don't count as they are 
normally in charge on a day by day basis, and are usually monitored by an 
administrator.
You might also use the argument that paraprofessionals do not have the knowledge 
needed to make budgeting, acquisition and cataloging decisions, nor to teach the 
library skills (even if supervision by non-certified personnel weren't a legal 
issue.)
Thankfully our state requires at least a part time certified media specialist at 
each school. Staffing is based on enrollment, so the larger your student body the 
more full-time media specialists you have to have.
***********************************************************
I am a para pro in a perK - 2nd grade setting......I, by myself, run the library 
(including all book ordering), teach 27 classes a week, run the entire Accelerated 
Reader program, create and maintain the Axis tv bulletin board system, do all 
fundraising (including 2 book fairs a year).  I am working on a master's in School 
Library Media.....but I did all of this before I even knew of a master's program 
available.   
I visited a K - 5th grade school last year in Orange County, CA......they didn't 
even have a librarian, no money was in the budget for books, and the PTA ran 
whatever was done in the library.  I think they are going to cutting back on us 
unless money loosens up.
*************************************************************
Do NOT make that assumption. Do the research and find out what the law requires in 
your state. That assumption was made by many librarians in my former district. 
However, when faced with serious budget cuts that district has made exactly that 
choice. Although currently they are only replacing those of us who leave with 
paras. I saw the handwriting on the wall and left. I was replaced by a 
paraprofessional which they call a "library manager". She sees all the classes I 
used to see and she has NO planning time. Her planning time is spent on lunch duty, 
etc. The law in our state basically reads that the para must be under the 
"supervision" of certified personnel. However, that does not mean direct 
supervision at all times. Nor does it even mean that certified personnel must be in 
the same building. Paras are only required to "answer to" that certified personnel. 
(This BTW, was a dramatic 180 degree turn around from the past interpretation of 
the law.)  If paras in your building supervise children at recess without a teacher 
present, if they tutor students without a teacher present, I think it is safer to 
assume that your state law is similar to ours. I would encourage you to get parents 
on your side and be sure they know what is in the works for their children's 
libraries. This probably isn't really what you want to hear and for that I 
apologize. Just do not rely upon rumors and those who think they understand the 
law. Contact your teachers union or state education department and get the facts. 
Only after you are sure what the possibilities may truly be will you be able to 
address the situation.
********************************************************
What about the fact that without a certified media specialist, all cataloging will 
have to be done out of house. That costs more money, justifying the need to keep 
someone who can do the work on staff. Makes the most sense. Good Luck!

 
Nancy Collins
Media Specialist
Fowlerville High School
Fowlerville, Michigan
517.223.6066
 
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