CHAPTER 99

AN ACT TO AMEND TITLE 14, DELAWARE CODE, TO PROVIDE FOR SIDEWALKS LEADING TO SCHOOL SITES.

WHEREAS, the number of pupils attending elementary and secondary public schools has increased tremendously in the past few years," and,

WHEREAS, the system of sidewalks, which furnish the only safe means of attending school for many of these students, has not kept pace with the increased enrollment, and

WHEREAS, it is the joint responsibility of the State Board of Education and the local School Boards that these children attend school with all possible safety precautions,

NOW, THEREFORE

Be it enacted by the General Assembly of the State of Delaware (three-fourths of all Members elected to each House thereof concurring therein):

Section 1. § 2102, Title 14, Delaware Code, is amended to read as follows:

§ 2102. Power of District to issue bonds

The School Board of any District may issue bonds for the purpose of carrying out any plan or program for the acquisition of lands or the acquisition or construction of buildings or for the construction of sidewalks leading to the school site as may be authorized by the provisions of this title when such plan or program shall be approved by the State Board of Education.

Section 2. Chapter 23, Title 14, Delaware Code, is amended by adding a new section as follows:

§ 2305. Sidewalks

(a) The engineering and construction supervision for sidewalks leading to a school site shall be performed for the District by the State Highway Department. Such sidewalks may be located on land or rights of way under the control of the State Highway Department or on other land or rights of way provided for such purpose.

(b) Sidewalks financed by issuance of bonds by a School Board may be constructed only after the need for such sidewalks is ascertained by the School Board by careful examination of transportation facilities in the District, the project: has been approved by the State Highway Department and the State Board of Education.

(c) When considering granting approval for sidewalk construction, the local and State Boards of Education shall take into consideration the current rule governing permanent free bus transportation and shall make sure there is no overlapping. Both Boards shall also consider frequency of exposure to traffic hazards and the possible existence of mechanical hazards. The procedure prescribed by § 2105 of this title must be fulfilled.

Approved June 25, 1959.