SR2S Michigan - Legislation and Policy

Policy and Legislation - FEDERAL

The federal legislation governing the Safe Routes to School program is the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). It was signed into law by President George W. Bush in 2005. The section related to Safe Routes to School is shown below.

SEC. 1404. SAFE ROUTES TO SCHOOL PROGRAM.

(a) ESTABLISHMENT.--Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary and middle schools.

(b) PURPOSES.--The purposes of the program shall be-

(1) to enable and encourage children, including those with disabilities, to walk and bicycle to school;

(2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and

(3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.

(1) IN GENERAL.--Subject to paragraphs (2), (3), and (4), amounts made available to carry out this section for a fiscal year shall be apportioned among the States in the ratio that- (A) the total student enrollment in primary and middle schools in each State; bears to (B) the total student enrollment in primary and middle schools in all States.

(2) MINIMUM APPORTIONMENT.--No State shall receive an apportionment under this section for a fiscal year of less than $1,000,000.

(3) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.--Before apportioning under this subsection amounts made available to carry out this section for a fiscal year, the Secretary shall set aside not more than $3,000,000 of such amounts for the administrative expenses of the Secretary in carrying out this subsection.

(4) DETERMINATION OF STUDENT ENROLLMENTS.--Determinations under this subsection concerning student enrollments shall be made by the Secretary.

(d) ADMINISTRATION OF AMOUNTS.--Amounts apportioned to a State under this section shall be administered by the State's department of transportation.

(e) ELIGIBLE RECIPIENTS.--Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section.

(f) ELIGIBLE PROJECTS AND ACTIVITIES.--

(1) INFRASTRUCTURE-RELATED PROJECTS.--

(A) IN GENERAL.--Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools.

(B) LOCATION OF PROJECTS.--Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools.

(2) NONINFRASTRUCTURE-RELATED ACTIVITIES.--

(A) IN GENERAL.--In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs.

(B) ALLOCATION.--Not less than 10 percent and not more than 30 percent of the amount apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this subparagraph.

(3) SAFE ROUTES TO SCHOOL COORDINATOR.--Each State receiving an apportionment under this section for a fiscal year shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the State's safe routes to school program.

(g) CLEARINGHOUSE.--

(1) IN GENERAL.--The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools to-

(A) operate a national safe routes to school clearinghouse;

(B) develop information and educational programs on safe routes to school; and

(C) provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs.

(2) FUNDING.--The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (c)(3).

(h) TASK FORCE.--

(1) IN GENERAL.--The Secretary shall establish a national safe routes to school task force composed of leaders in health, transportation, and education, including representatives of appropriate Federal agencies, to study and develop a strategy for advancing safe routes to school programs nationwide.

(2) REPORT.--Not later than March 31, 2006, the Secretary shall submit to Congress a report containing the results of the study conducted, and a description of the strategy developed, under paragraph (1) and information regarding the use of funds for infrastructure-related and noninfrastructure-related activities under paragraphs (1) and (2) of subsection (f).

(3) FUNDING.--The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (c)(3).

(i) APPLICABILITY OF TITLE 23.--Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project or activity under this section shall be 100 percent.

(j) TREATMENT OF PROJECTS.--Notwithstanding any other provision of law, projects assisted under this subsection shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code.

(k) DEFINITIONS.--In this section, the following definitions apply:

(1) IN THE VICINITY OF SCHOOLS.--The term "in the vicinity of schools" means, with respect to a school, the area within bicycling and walking distance of the school (approximately 2 miles).

(2) PRIMARY AND MIDDLE SCHOOLS.--The term "primary and middle schools" means schools providing education from kindergarten through eighth grade.

Policy and Legislation - MICHIGAN

Michigan Vehicle Code

The Michigan Vehicle Code is a set of laws that impact many Safe Routes to School issues. First written in 1949, there have been many revisions and additions. While it's not necessary to understand the entire Code, which is quite long, it is good to know that it exists and in particular that it:

Is a standard for traffic laws and is designed to facilitate traffic flow (motorized and non-motorized) and reduce traffic crashes.
Addresses the operation of bicycles on roadways, sidewalks, and bicycle paths, including the rights and duties of riders (Sections 257.656 to 257.662).
Establishes and defines "school crossing" (this was revised in July 2004) (Section 257.57a, 257.613a).
Defines "crossing guard" and addresses related issues such as required training, stationing and time period, color and design of vest (Section 257.57b, 257.613b, 257.613c).
Establishes consequence of a motor vehicle not stopping for a guard (misdemeanor) (Sec 257.613d.
Defines "regularly scheduled school session, school, and school zone".
Establishes procedures for school bus loading and unloading.

Jasmine Miles School Children Safety Act

In 2004, the Jasmine Miles School Children Safety Act, introduced after Jasmine Miles was struck and killed as she walked home from school, was signed into law. The Act amended the Michigan Vehicle Code as follows:

Section .613a. (1) Except as provided in subsections (2) and (3), the state transportation department, a county road commission, or a local authority shall establish school crossings considered necessary for the safety of schoolchildren on streets and highways under its jurisdiction. The establishment of a school crossing shall be based upon a traffic and engineering study conducted by the authority having jurisdiction, in consultation with the superintendent of the school district.

(2) If considered necessary under subsection (1) or pursuant to a traffic and engineering study conducted under subsection (4), a school crossing shall be established within a safe distance from a school located on a street or highway on which the speed limit is 25 miles or more per hour.

(3) Upon request of the superintendent of the school district, the following individuals shall meet at not less than 5-year intervals to consider whether a traffic and engineering study should be conducted to determine whether a school crossing is required under subsection (2):

(a) The superintendent of the school district in which the school is located or his or her designee.

(b) The head of the local authority having jurisdiction to maintain the road or his or her designee or, if there is no local authority, an individual designated by the director of the state transportation department.

(c) The chief of police of the local unit of government in which the road is located or his or her designee or, if the local unit of government does not have a police department, the county sheriff or his or her designee.

(4) If the individuals described in subsection (3) determine by unanimous vote that a traffic and engineering study should be conducted, the individuals shall notify the authority having jurisdiction to maintain the road in writing of that determination. If the authority is notified under this subsection that a traffic and engineering study should be conducted, the authority shall conduct the study.

(5) Having established a school crossing, the state transportation department, county road commission, or local authority shall erect school crossing signs, in conformance with the manual of uniform traffic control devices provided for in section 608, on streets or highways under its jurisdiction.