Delaware Administrative Code
Title 14 - Education
1100 - Transportation
1150 - School Transportation
Section 1150-12.0 - Transportation Benefits

Universal Citation: 14 DE Admin Code 1150-12.0

Current through Register Vol. 28, No. 3, September 1, 2024

12.1 Transportation benefits shall be provided for Pupils in grades K to 6 whose legal residences are one (1) mile or more from the public schools to which they would normally be assigned by the District administrations and for Pupils in grades 7 to 12 whose legal residences are two (2) miles or more from the public schools to which they would normally be assigned by the District administrations. Requests for otherwise ineligible transportation benefits due to Unique Hazards shall be processed according to this regulation.

12.2 For the purpose of these regulations, the "legal residence" of the Pupil is deemed to be the legal residence of the parent, legal guardian, or Relative Caregiver as described in 14 Del.C. § 202 (e)(3). Daycare facilities may be designated as a Pupil's residence for pickup and drop off.

12.3 To determine Pupil eligibility for transportation benefits, measurement shall be by the most direct route provided by a public road or public walkway. The measurement shall be from the nearest point where a private road or walkway connects the legal residence of the Pupil with the nearest public entrance of the school building to which the Pupil is normally assigned by the District administration.

12.4 All school bus routes shall be measured from the first pickup point to the respective schools served in the approved sequence, and then by the most direct route back to the first pick up point.

12.5 Additional bus routes required after the opening of school shall be approved by the DDOE and supported by evidence of need to include: enrollment number changes, descriptions of existing routes in the area of proposed additional service, the run times, and actual loads. A description of the proposed route shall also accompany the request.

12.6 Transportation for eligible Pupils may be provided from locations other than their legal residence provided that:

12.6.1 Such pickup and discharge points as approved by the District administration are in excess of the relevant one (1) and two (2) mile limits from the school to be attended, and such transportation to be provided will be to the public school to which the Pupil is assigned by the District administration.

12.6.2 Such transportation to be provided be on the same bus and route to and from the school attended by the Pupil (i.e. each Pupil is entitled to one (1) seat on one (1) bus) except that permission may be granted on a year by year basis by the District administration for eligible Pupils to ride other buses if seats are available and does not create additional expense to the state.

12.6.3 The limitation pertaining to "same bus and route" indicated above is not applicable to Pupils attending kindergartens operating one (1) half day sessions.

12.7 A spur to a bus route (where a bus leaves a main route) shall not be scheduled unless the one-way distance is greater than a half mile.

12.8 Pupils otherwise ineligible to ride a bus may ride if a physician certifies that a Pupil is unable or should not walk from home to school and return.

12.9 Unless permitted as an exception by the General Assembly and in vocational technical school, each school in a Local School District shall have a defined attendance area (not overlapping) for transportation. Charter schools shall provide the same level of transportation service as the school District in which it is located. Area bus stops may be used outside of the school District in which the Charter School is located.

12.10 Additional transportation benefits are determined based upon the Pupil's individual needs as specified in a 504 Plan or IEP.

12.11 Development transportation eligibility is provided when a student resides greater than a half mile from the development entrance or if the District deems that the entrance of the development is unsafe for a bus stop. Development transportation eligibility can be provided if the development roads are state maintained or the development, developer, designee, or homeowner's association gives written approval for buses to enter the development. Once the District determines the above criteria is met they shall ensure that none of the safety exceptions would hinder the bus from entering the development.

12.11.1 Safety exceptions that could hinder bus stops being placed in a development could include width of road (which should meet state standards), width of road with on street parking, construction, adequate turn-around for the bus, safe bus stop locations and other safety mitigating concerns. The District has the option of doing periodic reviews to determine the criteria is still being met.

12.11.2 Districts should ensure bus stops within the development are placed in safe and central location that the bus can easily maneuver without incident.

12.11.3 In inclement weather Districts have the right to refuse to enter a development if roads are unsafe to navigate.

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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