October 15, 2024
Dr. Carla Hayden
Librarian of Congress
Library of Congress
101 Independence Avenue, SE
Washington, DC 20540
Dear Dr. Hayden:
It is fitting that I am writing to you on this Blind Americans Equality Day. The National Federation of the Blind is the transformative membership and advocacy organization of blind Americans, and we have had a long and productive relationship with the National Library Service for the Blind and Print Disabled. However, we have deep concerns regarding the recent policy changes implemented by the Library of Congress that affect applicants and existing patrons under the age of eighteen.
In late June 2024, the National Federation of the Blind became aware of an emerging policy requiring parental acknowledgment for all new and existing patrons under the age of eighteen. This policy was not communicated to our membership during the presentation by NLS Director Jason Broughton at our national convention in Orlando in July 2024. We held a closed-door leadership meeting with Director Broughton about this issue during our convention. That meeting included the president of our National Organization of Parents of Blind Children and me where we expressed strong concerns and were promised a follow up conversation. That follow-up has never happened. On October 1, we received phone calls from several network libraries that informed us of the potential impact on our members.
Our primary concerns are as follows:
Absence of transparency
There was a lack of engagement with blind people in undertaking a very significant change in policy direction that negatively affects blind children across the country.
Lack of timely communication and preparation
In August, network libraries were directed to have new applications in place by October 1 that included the parental acknowledgment requirement. However, the necessary materials for inclusion were not provided until September 30. This left network libraries with insufficient time to prepare and implement the new requirements.
Impact on existing patrons
By January 1, 2025, all existing patrons under the age of eighteen must have a parental acknowledgment on file or their accounts may be suspended. This abrupt policy change poses significant challenges, particularly for network libraries that are unable to comply due to legal challenges related to privacy laws in at least three states. This conflict with state privacy laws could result in qualified patrons being barred from accessing library services.
Service disruption for patrons
Existing patrons may face suspension from the program if network libraries are unable to connect with parents or legal guardians by January 1, 2025. This is particularly concerning for students who may have moved to a new location and have not updated their contact information, or whose guardians may face language barriers. Additionally, there are concerns about the equipment-use policy and the accuracy of the acknowledgment regarding access to all information in the catalog.
Given these significant issues, we urge the NLS to suspend the implementation of this policy until network libraries and the community have been given sufficient opportunity to provide public comment. We suggest a suspension period of 180 days to allow for a thorough review and to ensure compliance with all state requirements and privacy laws.
We further urge the NLS to carefully consider public comments and to establish a comprehensive plan for implementation that grants network libraries sufficient time to comply with all legal requirements. This will help to ensure that blind and print-disabled patrons, particularly those under the age of eighteen, continue to receive uninterrupted access to the vital services provided by the NLS.
Thank you for your attention to this urgent matter. We look forward to your prompt response and to working collaboratively to address these concerns.
Sincerely,
Mark A. Riccobono, President
National Federation of the Blind