The federal Highway Safety Act [23 U.S.C. § 401 et seq.] has authorized appropriations for a number of programs relating to projects for the improvement of highway safety and the reduction of traffic congestion. Such programs include the rail-highway crossings program; the pavement marking demonstration program; projects for high-hazard locations, including, but not limited to, projects for bicycle and pedestrian safety and traffic calming measures in those locations; a program for the elimination of roadside obstacles; and the federal-aid safe roads demonstration program. The Department of Transportation has been implementing these programs successfully for many years. The purpose of this subchapter is to authorize the Department of Transportation to include a “Safe Routes to School” program in its implementation of these federal programs in this State. The Secretary, the Department of Transportation, the county governments, and governing bodies of the incorporated municipalities in this State are authorized to do all things necessary in their respective jurisdictions to secure and expend such federal funds in accordance with the intent of the federal act and of this subchapter.

73 Del. Laws, c. 435, §  1; 

(a) The Department of Transportation is authorized to establish and administer a “Safe Routes to School” program pursuant to the authority granted under Title 23 of the United States Code, to use federal transportation funds for bicycle and pedestrian safety and traffic calming measures.

(b) The Department of Transportation is authorized to make grants available to schools and school districts that are recognized by the Delaware Department of Education under the Safe Routes to School Program based on the results of a statewide competition that requires submission of proposals for funding and that rates those proposals on the following factors:

(1) Demonstrated needs of the applicant;

(2) Potential of the proposal for reducing child injuries and fatalities;

(3) Potential of the proposal for encouraging increased walking and bicycling among students;

(4) Completion of a “Safe Routes to School” plan that requires all of the following:

a. Identification of safety hazards;

b. Identification of current and potential walking and bicycling routes to school; and

c. Involvement in plan development by students, parents, teachers, local transportation agencies, law enforcement agencies and school officials.

(c) Grants shall only be awarded to the highest rated project or projects as measured on the rating system and scale established by the Department of Transportation, subject to the amount of funding approved by the Secretary for use under the “Safe Routes to School Program” for any given year. The Department of Transportation shall announce the amount of money available for grants for a given fiscal year within 1 month after the commencement of that fiscal year. Establishment of the necessary rating system and scale and the amount of money available for grants to be issued in each such year shall be in the complete discretion of the Secretary.

(d) If awarded, grants shall be issued in 2 disbursements, the first in an amount equal to 1/3 of the proposed necessary funding to be paid prior to the commencement of the project and the second in an amount equal to the remaining 2/3 of the proposed necessary funding to be paid upon completion of the project.

(e) The Secretary shall promulgate rules and regulations necessary for the implementation of this section.

73 Del. Laws, c. 435, §  1;