14 Del. Admin. Code § 1150-13.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1150-13.0 - Unique Hazards

13.1 Individuals who desire to submit a request for exception to the transportation benefit criteria above because of a unique traffic hazard, also known as Unique Hazard, shall follow the procedures below.

13.2 Procedures for handling Unique Hazards requests.

13.2.1 When the request for relief originates with parents, Guardians or Relative Caregivers of Pupils affected or vested officials, such as state and local police representatives, Safety Council representatives, and legislators, it shall be presented in writing to the local school authorities.

13.2.1.1 Districts shall make every effort to resolve problems identified by the parents, Guardians and Relative Caregivers vested officials, or by the District staff.

13.2.1.2 If the problem cannot be resolved by the District administration, the request shall be forwarded to the District board of education board of directors for appropriate action. If the District board of education board of directors has explored all of the local alternatives to resolve the problem without success, a request by board action shall be made to the Chairman of the Unique Hazards Committee (Education Associate for School Transportation).

13.3 The request to the Unique Hazards Committee shall include:

13.3.1 The original request from the parents, Guardians or Relative Caregivers, vested officials, or the District staff.

13.3.2 A statement of the specific hazard and area involved including maps showing the specific location, points of concern and schools attended.

13.3.3 Number and grades of children involved.

13.3.4 School schedule and the time children would normally be walking to and from school in the area of concern.

13.3.5 List of any actions to resolve the problem taken by the District.

13.3.6 List of any actions to resolve the problem taken by the District board of education board of directors.

13.3.7 List of any actions to resolve the problem taken by the town, the city or county.

13.4 The Unique Hazards Committee shall process the request and report its findings and recommendations to the DDOE for consideration and action. A copy of the report shall also be forwarded to the District board of education board of directors involved.

13.5 The Unique Hazards Committee consists of representatives from the Department of Transportation; the New Castle County Crossing Guard Division; Delaware Safety Council; Traffic Control Section, the Delaware State Police; and the DDOE Associate for Pupil Transportation (Chairperson).

13.6 Unique Hazards Committee Recommendations Appeal Process

13.6.1 Appeals of the Unique Hazards Committee recommendations approved by the DDOE shall be in writing and from the District board of education board of directors.

13.6.2 The District board of education/board of directors shall, before making an appeal, make every effort to resolve the problem. If, in the opinion of the District board of education/board of directors, reconsideration is needed by the Unique Hazards Committee, the appeal, along with pertinent information, should be forwarded to the Chairperson of the Unique Hazards Committee.

13.6.3 The Unique Hazards Committee shall submit to the DDOE its recommendations regarding the appeal for reconsideration by the District board of education board of directors. A copy of the report will also be forwarded to the District board of education board of directors involved.

14 Del. Admin. Code § 1150-13.0

9 DE Reg. 404 (09/01/05)
12 DE Reg. 1086 (02/01/09)
18 DE Reg. 961 (6/1/2015)
24 DE Reg. 145 (8/1/2020) (Final)