Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 557 - CUSTODIAL TRANSPORTATION OF PUPILS WHERE WALKING CONSTITUTES A SERIOUS SAFETY HAZARD › Section 557.160 - Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Request by
			 custodian for determination.
A request by a custodian for a determination that a serious
				safety hazard exists shall be made in accordance with this Part, and on an
				application form promulgated by the Department). This form will be provided by
				the Superintendent of the Educational Service Region for the county in which
				the custodian resides. A custodian's request shall be supported by findings on
				those factors that were found to contribute to the hazard. Findings shall be
				indicated by completion of appropriate portions of the application form.
				Example: Speed of traffic (45 m.p.h). Volume of traffic (60 vehicles/five
				minute vehicular traffic count). Length of hazardous section (1.2 miles). Each
				submittal shall be certified true and correct by the custodian making the
				submission.
AGENCY NOTE: Long-term construction projects may have an effect
				on the safety of a route used by pupils walking to and from school. The effect
				may include increases in the type and length of the hazardous section, the
				speed and volume of the traffic, traffic control, the number of lanes of
				traffic to be crossed, the number of railroad tracks to be crossed, the type of
				railroad protection utilized and the number of daily trains passing during the
				school crossing periods. A request submitted using these revised figures may
				result in a serious safety hazard finding for a route that would not otherwise
				qualify for such a finding.
b) Submission of request.
An application form and a map or sketch showing the location of
				the hazard and the route walked by the pupil shall be submitted by the
				custodian to the Regional Superintendent of Education for the area in which the
				custodian is situated no later than February 1 of the school year for which
				reimbursement will be sought. On or before February 15 of each year, the
				Regional Superintendent will forward the request to the appropriate District
				Office of the Department (see Section 557.Illustration A, District Boundary Map
				for a listing of District addresses and phone numbers). The submittal may
				include other written materials, including photographs, that the custodian
				believes will aid in the Department's review.
c) Department review.
1) The Department will review and approve or
			 disapprove the custodian's request within 30 days after submission of the
			 request by the Regional Superintendent to the Department.
2) If a submittal is incomplete, the
			 Department will disapprove it without prejudice and will, in writing, state why
			 it is considered incomplete. A request that is disapproved because of
			 incompleteness may be resubmitted by the custodian within 30 days after the
			 custodian's receipt of notice by the Department that the request is
			 incomplete.
3) The Department's
			 review will consist of determining the correctness of the information shown on
			 the application form. This review will include, but is not limited to, the
			 following: viewing the location; consulting vehicular volume count maps or
			 counting vehicles; measuring length and width of roadways; and observing train
			 movements and obtaining train speeds from railroads, regulatory authorities or
			 law enforcement officials. The persons conducting the review will document the
			 procedures utilized and information obtained. Requests, whether approved or
			 disapproved, will be returned to the Regional Superintendent for distribution
			 to custodians. If a complete request is disapproved, the Department will, in
			 writing, state why and upon what information the Department's decision was
			 based.