Section 556.100  Authority (Repealed)

(Source:  Repealed at 25 Ill. Reg. 16518, effective December 18, 2001)

Section 556.101  References to Rules (Repealed)

(Source:  Repealed at 25 Ill. Reg. 16518, effective December 18, 2001)

Section 556.102  Purpose and Scope (Renumbered)

(Source:  Renumbered to Section 556.110 at 25 Ill. Reg. 16518, effective December 18, 2001)

Section 556.103   Walking Along a Roadway (Type I hazard) (Renumbered)

(Source:  Renumbered to Section 556.120 at 25 Ill. Reg. 16518, effective December 18, 2001)

Section 556.104  Walking on a Roadway (Type II hazard) (Renumbered)

(Source:  Renumbered to Section 556.130 at 25 Ill. Reg. 16518, effective December 18, 2001)

Section 556.105   Crossing a Roadway (Type III hazard) (Renumbered)

(Source:  Renumbered to Section 556.140 at 25 Ill. Reg. 16518, effective December 18, 2001)

Section 556.106   Crossing Railroad Tracks (Type IV hazard) (Renumbered)

(Source:  Renumbered to Section 556.150 at 25 Ill. Reg. 16518, effective December 18, 2001)

Section 556.107  Multiple Hazards (Renumbered)

(Source:  Renumbered to Section 556.160 at 25 Ill. Reg. 16518, effective December 18, 2001)

Section 556.108  Procedures (Renumbered)

(Source:  Renumbered to Section 556.170 at 25 Ill. Reg. 16518, effective December 18, 2001)

Section 556.110  Purpose

This Part establishes guidelines and procedures for determining the existence of a serious safety hazard and applies to serious safety hazards encountered by pupils walking on or along roadways, crossing roadways and crossing railroad tracks.  This determination allows for the State Board of Education to provide busing reimbursement to school districts that choose to transport pupils residing within 1-¹/₂ miles from the school attended where conditions are such that walking, either to or from the school to which a pupil is assigned for attendance or to or from a pick-up point or bus stop, constitutes a serious hazard to the safety of the pupil due to vehicular traffic or rail crossings.  Such transportation shall not be provided if adequate transportation for the public is available. (Section 29-3 of the School Code [105 ILCS 5/29-3])

(Source:  Renumbered from Section 556.102 to Section 556.110 and amended at 25 Ill. Reg. 16518, effective December 18, 2001)

Section 556.115  Definitions

The following words or phrases when used in this Part shall have the meanings ascribed to them below.

            "Controls providing pedestrian protection" – Either of the following:

            All way stop – all approaches to the intersection are required by signs to stop; or

            Adult crossing guards – any intersection where traffic is stopped by an adult crossing guard, regardless of other traffic controls.

            "Crossing protection" –

            Crossbucks only – An "X" shaped sign mounted upon a post at a rail-highway crossing inscribed with the words "Railroad" on one panel and "Crossing" on the other.

            Active protection – Any protection that is designed to be actuated by the approach of an oncoming train (including lights, bells and gates) or protection by a crossing guard.

            "Curb" – A vertical or sloping barrier along a roadway at least 4 inches high, clearly defining the edge to motorists.

            "Department" – The Illinois Department of Transportation, acting through its District Engineers.

            "Length of hazardous section" – The length (rounded to the nearest tenth of a mile) of the hazardous condition to which pupils walking along a roadway are exposed.  For Type I hazards (see Section 556.120), it is limited to those sections where pupils walk on a shoulder within 10 feet of the roadway or behind a curb or ditch within 8 feet of the roadway.  For Type II hazards (see Section 556.130), it is limited to those sections where pupils must walk on the roadway because no shoulder or walkway exists off the pavement, or because of a narrow bridge or underpass.  All of the pupils covered by the submittal must walk the complete length of the hazardous section.  The length may be scaled from a map or measured by a "walking wheel", or a car odometer.

            "Narrow bridge or underpass" – A narrow bridge or underpass that forces pupils walking to school, because of the narrowness of the structure and its lack of a sidewalk, to walk on the roadway for a minimum of 50 feet.

            "No stop control" – When no stop signs or traffic signals exist on the roadway the pupils are crossing, requiring vehicles to stop.  Yield signs are not stop controls.

            "Number of tracks" – The total number of tracks that carry trains during periods when pupils are normally going to and from school.  Example:  If 2 tracks carry trains during the morning period and one of those tracks carries trains during the afternoon period, the number of tracks is 2.

            "Number of trains" – The daily number of trains passing through the crossing during the periods when pupils are normally going to and from school.  This number may be obtained from railroad companies or by counting trains.  Example:  If 2 trains cross in the morning period and 1 crosses in the afternoon period, the number of trains is 3.

            "Roadway" – The portion of a road, street or highway on which vehicles travel, consisting of the pavement surface, exclusive of the shoulders.

            "School Code" – 105 ILCS 5/29-5.2.

            "Shoulder" – The relatively flat area between the outer edge of a roadway with no curb and the point where the earth begins sloping either upward or downward, intended for the accommodation of stopped vehicles or for emergency use.

            "Speed of traffic" – The speed of traffic shall be based on the posted speed limit.  In special school speed zones as authorized by Section 11-605 of the Vehicle Code [625 ILCS 5/11-605], the speed limit that is in force when the special school speed zone is not in effect shall be used.  If speed limit signs are not present, the speed of traffic shall be considered to be 30 miles per hour in an urban area and 55 miles per hour in a rural area.

            "Train" – One locomotive by itself, 2 or more locomotives coupled together, or one or more locomotives with train cars.

            "Train speed" – The highest lawful speed at the crossing.  This may be obtained from either the railroad company or the Illinois Commerce Commission, or local law enforcement officials may use radar.

            "Volume of traffic" – The peak hourly volume of traffic during the periods when pupils are going to or from school.  In many cases, Average Daily Traffic (ADT) volumes may be available from the agency maintaining a road (the State or county highway department or municipal street department).  In those cases the hourly volumes may be considered as 15 percent of the ADT in rural areas and 10 percent in urban areas.  If no ADT figures are available, or if the school district prefers, it may make a one hour count (of vehicles in both directions) on a typical school day (e.g., 7:30 a.m.-8:30 a.m., 2:30 p.m.-3:30 p.m., or, for kindergarten pupils, during the noon hour period).

            "Walkway" – The area on which pupils normally walk along a street or highway, including a concrete sidewalk, a surfaced or unsurfaced pathway, or a roadway shoulder.  The walkway, when immediately adjacent to the roadway, must be at least 2 feet in width and maintained in suitable walking condition throughout the school year; otherwise, the pupils should be considered walking on the roadway, a Type II hazard. Walkway also includes pathways created by school districts or other groups on public land that may be used by pupils to avoid a more hazardous route.

(Source:  Added at 25 Ill. Reg. 16518, effective December 18, 2001)

Section 556.120  Walking Along a Roadway (Type I hazard)

a)         A serious Type I safety hazard exists if the total of the points from the tables and any judgment points equals or exceeds 12 and the situation qualifies for points from at least Tables 1, 2 and 5.  The situation is not disqualified if no points are obtained from Tables 3 and 4.  School districts should add judgment points if found proper even though the points from the tables alone equal or exceed 12.

b)         Determination of serious safety hazard.

1)         Factors to be considered.  The following factors are relevant in determining whether children walking along a roadway are endangered by a serious safety hazard:  grade of pupil, location of walkway in relation to roadway, speed of traffic, volume of traffic and length of hazardous sections.  To determine whether a serious safety hazard exists in a particular situation, a school board shall assign points as appropriate for these factors using the following tables (fractional points may be assigned only in accordance with the tables):

            A)        Grade of Pupil – Table 1

            B)        Location of Walkway – Table 2

            C)        Speed of Traffic – Table 3

            D)        Volume of Traffic – Table 4

            E)        Length of Hazardous Section – Table 5

2)         Judgment points.  A school district may add one or two points for judgment factors peculiar to the hazards due to vehicular traffic in a specific situation.  These additions must be accompanied by adequate information to justify the special circumstances being considered.

3)         Examples:

A)        Pupils going to an elementary school with pupils through 5th grade, on a walkway 4' from the roadway on a shoulder, along a 2-lane road posted 50 m.p.h., with an hourly average volume of 500 vehicles, for a distance of  ½ mile, would have the following points:

            5(Table 1) + 3(Table 2) + 4(Table 3) + 2(Table 4) + 1(Table 5) = 15

            Since the point total (15) exceeds 12, the situation qualifies for all pupils at the school.

B)        Pupils going to an elementary school with pupils through 6th grade, on a walkway 3' from a 4-lane roadway that has curbs and is posted at 25 m.p.h., with an hourly average volume of 1300 vehicles, for a distance of 1¼ mile, would have the following points:

            5(Table 1) + 2(Table 2) + 0(Table 3) + 3(Table 4) + 2(Table 5) = 12

            Since the point total equals 12, the situation qualifies for pupils through 6th grade.  Points from tables 1, 2 and 5 (but not 3 and 4) are required to qualify for this type (Type I) of hazardous situation.

(Source: Renumbered from Section 556.103 to Section 556.120 and amended at 25 Ill. Reg. 16534, effective December 18, 2001)

Section 556.130  Walking on a Roadway (Type II hazard)

a)         Qualification.  A serious Type II safety hazard exists if the total of the points from the tables and any judgment points equals or exceeds 12 and the situation qualifies for points from at least Tables 6, 7 and 10.  The situation is not disqualified if no points are obtained from Tables 8 and 9. School districts should add judgment points if found proper even though the points from the tables alone equal or exceed 12.

b)         Determination of serious safety hazard.

1)         Factors to be considered.  The following factors are relevant in determining whether pupils who must walk on a roadway are endangered by a serious safety hazard:  grade of pupil, reason for walking on the roadway, speed of traffic, volume of traffic, and length of hazardous section.  To determine whether a serious safety hazard exists in a particular situation, a school board shall assign points as appropriate for these factors using the following tables (fractional points may be assigned only in accordance with the tables):

            A)        Grade of Pupil – Table 6

            B)        Reason for Walking on Roadway – Table 7

            C)        Speed of Traffic – Table 8

            D)        Volume of Traffic – Table 9

            E)        Length of Hazardous Section – Table 9

2)         Judgment points.  A school district may add one or two points for judgment factors peculiar to the hazards due to vehicular traffic in a specific situation. These additions must be accompanied by adequate information to justify the special circumstances being considered.

3)         Examples:

A)        Pupils going to a school with pupils through 12th grade, walking on a roadway for 100 feet because of a narrow bridge on a two-lane road posted 50 miles per hour, with an hourly average volume of 500 vehicles, would have the following points:

            2(Table 6) + 4(Table 7) + 4(Table 8) + 2(Table 9) + 1(Table 10) = 13

            Since the point total (13) exceeds 12, all pupils through 12th grade would qualify.  (Note that pupils through 8th grade would be eligible for additional points from Table 6, but since pupils through 12^th grade qualify, only one submittal is required.)

B)        Pupils going to a school with pupils through 6th grade, walking 250 feet on a 2-lane roadway posted for 50 miles per hour with no shoulder or walkway, with an hourly volume of 500 vehicles would have the following points:

            5(Table 6) + 0(Table 7) + 4(Table 8) + 2(Table 9) + 1(Table 10) = 12

            Although the point total is 12, the situation would not qualify because points from Tables 6, 7 and 10 are required to qualify for this type (Type II) of hazardous situation.  The situation did not qualify for points from Table 7 because it existed only for a length of 250 feet.

(Source:  Renumbered from Section 556.104 to Section 556.130 and amended at 25 Ill. Reg. 16534, effective December 18, 2001)

Section 556.140  Crossing a Roadway (Type III hazard)

a)         Qualification.  A serious Type III safety hazard exists if the total of the points from the tables and any judgment points equals or exceeds 12 and the situation qualifies for points from at least Tables 11, 12 and 14.  The situation is not disqualified if no points are obtained from Table 13.  School districts should add judgment points if found proper even though the points from the tables alone equal or exceed 12.

b)         Determination of serious safety hazard.

1)         Factors to be considered.  The following factors are relevant in determining whether pupils crossing a roadway are endangered by a serious safety hazard: grade of pupil, type of intersection control, speed and volume of traffic, and width of roadway.  To determine whether a serious safety hazard exists in a particular situation, a school board shall assign points as appropriate for these factors using the following tables (fractional points may be assigned only in accordance with the tables):

            A)        Grade of Pupil – Table 11

            B)        Type of Intersection Control – Table 12

Where pupils must cross more than one roadway at an intersection, the control with greatest point value should be considered.

C)         Speed and Volume of Traffic – Table 13

D)        Width of Roadway – Table 14

2)         Judgment points.  A school district may add one or two points for judgment factors peculiar to the hazards due to vehicular traffic in a specific situation. These additions must be accompanied by adequate information to justify the special circumstances being considered.

3)         Examples:

            Pupils going to a junior high school with pupils from 6th through 9^th grades, crossing a highway at an intersection where the highway traffic is not required to stop, that is posted 45 m.p.h., has an hourly volume of 600, and is 48' wide, would have the following points:

2(Table 11) + 3(Table 12) + 3(Table 13) + 2(Table 14) = 10

Since the point total is less than 12, all pupils through 9th grade would not qualify.  However, pupils through 8th grade would qualify and if special considerations could justify two judgment points, pupils up through 9th grade would qualify.

(Source:  Renumbered from Section 556.105 to Section 556.140 and amended at 25 Ill. Reg. 16534, effective December 18, 2001)

Section 556.150  Crossing Railroad Tracks (Type IV hazard)

a)         Qualification.  A serious Type IV safety hazard exists if a situation qualifies for points from all of Tables 15 through 17 and the total of the points from the tables and any judgment points equals or exceeds 12.  School districts should add judgment points if found proper even though the points from the tables alone equal or exceed 12.

b)         Determination of serious safety hazard.

1)         Factors to be considered.  The following factors are relevant in determining whether pupils crossing railroad tracks are endangered by a serious safety hazard:  grade of pupil, crossing protection and number of tracks, and speed and number of trains.  To determine whether a serious safety hazard exists in a particular situation, a school board shall assign points as appropriate for these factors, using the following tables (fractional points may be assigned only in accordance with the tables):

A)        Grade of Pupil – Table 15

B)        Crossing Protection and Number of Tracks – Table 16

C)        Speed and Number of Trains – Table 17

2)         Judgment points.  A school district may add one or two points for judgment factors peculiar to the hazards due to vehicular traffic in a specific situation.  These additions must be accompanied by adequate information to justify the special circumstances being considered.

3)         Examples:

            Pupils going to an elementary school with pupils through 9^th grade, crossing a 2-track crossing with flashing lights, that has 3 trains crossing daily during the periods pupils are going to and from school, at speeds up to 49 m.p.h., and where there are also switching operations that would justify 2 judgment points, would have the following points:

2(Table 15) + 2(Table 16) + 4(Table 17) + 2(judg.) = 10

Since the point total is less than 12, the pupils in 9th grade would not qualify but those in K through 8th grade would.  An application for pupils only through 8th grade should be submitted.

(Source:  Renumbered from Section 556.106 to Section 556.150 and amended at 25 Ill. Reg. 16534, effective December 18, 2001)

Section 556.160  Multiple Hazards

a)         Pupils walking to school may encounter multiple hazardous situations. A serious safety hazard exists if the total of the points from the tables and any judgment points for any two situations encountered by the same pupils equals or exceeds 20 points.  Multiple hazards consist of the two worst hazard situations.

b)         Examples:

1)         Pupils through 12th grade walking on a shoulder 4' wide where there is no curb, along a 2-lane road posted at 40 m.p.h. with an hourly volume of 1100 vehicles, for a distance of 0.5 mile, would have the following points for this Type I hazard (see tables in Section 556.120(b)(1)):

            2(Table 1) + 3(Table 2) + 2(Table 3) + 3(Table 4) + 1(Table 5) = 11

            This situation alone would not qualify.

2)         The same pupils also cross the same 2-lane road which is 30' wide at the crossing where there is no intersection control for the roadway being crossed.  The points for this Type III hazard are as follows (see tables in Section 556.140(b)(1)):

            2(Table 11) + 3(Table 12) + 3(Table 13) + 1(Table 14) = 9

            This situation alone would not qualify.  However, the same pupils encounter both situations and since the point total for both situations equals 20, there exists a serious safety hazard for pupils through 12th grade.

(Source:  Renumbered from Section 556.107 to Section 556.160 and amended at 25 Ill. Reg. 16518, effective December 18, 2001)

Section 556.170  Procedures

a)         Determination by local school board.

            The determination by a local school board that a serious safety hazard exists or does not exist shall be made in accordance with this Part, and on a form promulgated by the Department.  A separate form is required for each location and not for each pupil.  A school board's determination 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 submittal form.  Example:  Speed of traffic (45 m.p.h.). Volume of traffic (900 vehicles/hour).  Length of hazardous section (1.2 miles).  Each submittal shall be certified true and correct by an authorized representative of the school board making the submission.  Long-term construction projects may have an effect on the safety of a route used by pupils walking to and from school. This could include increases in the hourly volumes of traffic, a change in the length of a hazardous section or a relocation of a walkway.  Consideration of these factors may result in a serious safety hazard finding for a route that would not otherwise qualify for such a finding.  Where this is the case, a temporary safety hazard determination may be made on a school year by school year basis. The decision to conduct a serious safety hazard study in accordance with this Part may be made independently by the school board.  However, such a study is required to be made by the school board when requested in writing to do so by a parent or guardian of a pupil who must walk along the route in question.

b)         Submission of determination. A school board shall submit the determination form and a map showing the location of the hazard and the route walked by the pupils to the Department for review.  The submittal may include other materials, such as photographs, the school board believes will aid in the Department's review.  All parts of the submittal shall be in documentary form.  A school board shall make its submission to the Department's District Office in which the school district is situated. A school board need not submit forms to the Department that do not support a finding of a serious safety hazard unless requested in writing to do so by a custodian of a pupil who must walk along the route in question.

c)         Department review.

1)         Within 30 days after submission, the Department will approve or disapprove the school board's determination.  If a submittal is incomplete, the Department will disapprove without prejudice and inform the school district why it is considered incomplete.  If a submittal is complete, it will be reviewed by the District Office.  Each form will be considered as a separate submission and an incomplete submittal will not delay approval of others submitted at the same time.

2)         The Department's review will consist of those procedures appropriate to determine the correctness of the findings.  The procedures may include the following:  visiting the route in question, consulting traffic count records or counting vehicles, measuring length and width of roadways, observing train movements and obtaining train speeds from railroads, regulatory authorities or law enforcement officials.  The persons conducting the review will document the procedures employed and information obtained.

3)         If a determination is disapproved, the Department will, in writing, inform the school board why and upon what information the Department's decision was based.  A determination will not be disapproved because judgment points were not justified unless the school board gives no reason for the judgment points or unless the reason given is completely implausible or obviously not related to vehicular traffic.

4)         A disapproved determination may not be resubmitted for Department review during the same school year in which it was originally submitted, unless conditions have changed.  However, a determination that is disapproved because of incompleteness may be resubmitted at any time.

d)         Verification upon request from State Superintendent.

            The School Code provides that school districts shall annually review the conditions and certify to the State Superintendent of Education whether or not the hazardous conditions remain unchanged.  The State Superintendent may request the Department to verify that conditions have not changed. Any such request by the State Superintendent shall be made to the Secretary of the Department.  The Secretary will assign a request for verification to the appropriate District Office.

e)         Reimbursement.

            A school district shall maintain a copy of each approved safety busing submittal in its files for future auditing of district transportation claims. Eligibility for reimbursement of transportation costs for qualifying pupils are effective on the date of the approval by the Department's District Engineer. Actual reimbursement will be handled in a manner similar to other transportation reimbursement procedures and questions should be referred to the State Superintendent of Education, rather than the Department.  Questions regarding statutory provisions such as providing transportation for private schools and the prohibition of State reimbursement where adequate public transportation is available should also be addressed to the State Superintendent.

(Source:  Renumbered from Section 556.108 to Section 556.170 and amended at 25 Ill. Reg. 16518, effective December 18, 2001)