Chapter 31. Traffic Control in School Zones.

§ 38–3101. Definitions.

For the purposes of this act, the term:

(1) "Action Plan" means a written assessment, posted on the DDOT website prior to implementation of the Action Plan, that:

(A) Summarizes the actions taken by DDOT, including any data produced, to complete a comprehensive assessment of traffic safety needs for a school, including the school zone;

(B) Details the types of traffic safety infrastructure and the location, scope, and timing of installation of traffic safety infrastructure, by infrastructure element, to be installed, pursuant to an assessment of traffic safety needs undertaken by DDOT, as well as barriers or restrictions to implementation of traffic safety infrastructure identified by DDOT; and

(2) "Community-based organization" and "CBO" mean an organization operated by a nonprofit entity or faith-based organization that provides services, including violence interruption and deterrence and youth development.

(3) "DCPS" means the District of Columbia Public Schools.

(4) "DDOT" means the District Department of Transportation.

(5) "DME" means the Deputy Mayor for Education.

(6) "Local education agency" and "LEA" mean DCPS or any individual public charter school or group of public charter schools operating under a single charter.

(7) "New school" means:

(A) A school located in a never-before-occupied structure, except for a structure erected in an existing school zone; or

(B) A school located in a preexisting structure that has not been used as a DCPS school or public charter school within the last 5 years.

(8) "Priority area" means an area of the District, designated by the School Safety and Safe Passage Working Group, for receipt of safe passage services and whose bounds include at least the full school zone for at least one public school.

(9) "Safe passage" means programs and services administered or otherwise overseen by the DME, in collaboration with other relevant District and federal agencies, targeted at ensuring DCPS and public charter school students can travel to and from their schools safe from the threat of physical violence, intimidation, and other public safety concerns.

(10) "School zone" includes any street, block, or intersection within 350 feet of a given school's building or school grounds and includes crossing points closest to that boundary; however, areas within school zones that are unused for crossings, such as along a highway without marked crossing points, may be excluded from the school zone.

(11) "Shared fleet device" shall have the same meaning as provided in § 50-2201.02(14D).

(12) "Spot safety assessment" means a determination of whether traffic safety infrastructure should be installed to increase traffic safety at a specific location.

(13) "Traffic safety infrastructure" includes speed humps, bumps, cushions, tables, rumble strips, pavement markings, signs that warn of the presence of children, traffic signals and signage, raised crosswalks, raised intersections, continuous sidewalks, high-visibility crosswalks, curb extensions, pedestrian islands, bicycle lanes, bus islands and shelters, stop signs, including all way stops, automated traffic enforcement cameras and signage, and flashing signals and beacons.

(May 23, 2000, D.C. Law 13-111, § 2, 47 DCR 2206; Sept. 18, 2007, D.C. Law 17-20, § 6023, 54 DCR 7052; Mar. 21, 2009, D.C. Law 17-320, § 3, 56 DCR 219; Oct. 8, 2016, D.C. Law 21-160, § 4112, 63 DCR 10775; Mar. 10, 2023, D.C. Law 24-285, § 2(a), 70 DCR 998; Sept. 6, 2023, D.C. Law 25-50, § 6122(a), 70 DCR 10366.)

Section References

This section is referenced in § 5-132.02.

Effect of Amendments

D.C. Law 17-20 rewrote subsec. (f), which had read as follows: “(f) At least one crossing guard shall be placed at elementary schools. Crossing guards shall be placed at middle or junior high schools, and high schools where deemed necessary by the Metropolitan Police Department.”

D.C. Law 17-320 added subsec. (f-1).

Applicability

Section 6123 of D.C. Law 25-50 amended section 4 of D.C. Law 24-285 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(a) of Law 24-285 has been implemented.

Applicability of D.C. Law 24-285: § 4 of D.C. Law 24-285 provided that the change made to this section by § 2(a) of D.C. Law 24-285 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 6023 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 2 of School Proximity Traffic Calming Emergency Amendment Act of 2007 (D.C. Act 17-169, October 25, 2007, 54 DCR 10980).

Temporary Legislation

Section 2 of D.C. Law 17-94, in subsec. (a), substituted “school zones and streets directly bordering recreation centers, libraries, and public parks” for “school zones”; in subsec. (b), substituted “school zone or on streets directly bordering recreation centers, libraries, and public parks” for “school zone”; in subsec. (c)(1), substituted “schools zones and on streets directly bordering recreation centers, libraries, and public parks” for “school zones”; in subsec. (e), in par. (1), substituted “School zones and streets directly bordering recreation centers, libraries, and public parks” for “School zones” and “school zones and streets directly bordering recreation centers, libraries, and public parks” for “School zones”, and amended par. (2) to read as follows:

“(2) The Mayor shall place the traffic control device, deemed necessary under subsection (a) of this section, on every street within 100 yards of a:

“(A) School building within a school zone;

“(B) Recreation center;

“(C) Library; or

“(D) Public park.”; in subsec. (h), substituted “school zone or on streets directly bordering recreation centers, libraries, and public parks” for “school zone”; and in subsec. (i), substituted “school zones, recreation centers, libraries, and public parks within 60 days from October 15, 2007” for “school zones within 60 days from the effective date of this act”.

Section 4(b) of D.C. Law 17-94 provided that the act shall expire after 225 days of its having taken effect.

§ 38–3102. Safe Passage Program. [Not Funded]

Not Funded.

§ 38–3103. Safe Blocks Program. [Not Funded]

Not Funded.

§ 38–3104. School Safety and Safe Passage Working Group. [Not Funded]

Not Funded.

§ 38–3105. Safe Routes to School Program.

DDOT shall establish a Safe Routes to School Program, which shall be responsible for:

(1) Developing the Safe Streets for Students Master Plan required under § 38-3111;

(2) Conducting spot safety assessments and other assessments or investigations that are focused on improving traffic safety;

(3) Producing Action Plans;

(4) Installing traffic safety infrastructure to enhance the safety and improve the experience of pedestrians, bicyclists, users of shared fleet devices, and others pursuant to an Action Plan, assessment, investigation, or as otherwise considered necessary by DDOT to improve traffic safety;

(5) Not Funded.

(6) Gathering and analyzing data to improve the safety of public school students, staff, and families from traffic violence as they travel to and from school;

(7) Coordinating with DME, Department of Public Works, Office of Neighborhood Safety and Engagement, Office of Planning, MPD, WMATA, WMATA MTPD, and other relevant agencies to plan for and implement policies, programs, and services to support the Safe Routes to School Program and measures intended to ensure the safety of public school students, staff, and families from traffic violence as they travel to and from school; and

(8) Community engagement on the Safe Routes to School Program.

§ 38–3106. Action Plans and spot safety assessments.

(a) Beginning June 1, 2024, DDOT shall produce an Action Plan for at least 25 schools per school year, with schools prioritized in the order listed in the version of the Safe Streets for Students Master Plan or Master Plan modification most recently approved by the Council.

(b)(1) DDOT shall undertake spot safety assessments upon request.

(2)(A) DDOT may stipulate the manner in which requests for spot safety assessments ("requests") are to be submitted to the agency but shall provide a method to submit requests to the Safe Routes to School Program.

(B) Requests received by the Safe Routes to School Program shall be posted to DDOT's Traffic Safety Investigation Dashboard ("dashboard").

(C)(i) For requests submitted to the Safe Routes to School Program after October 1, 2023, the dashboard shall denote that the request was submitted to the Safe Routes to School Program.

(ii) As of October 1, 2023, DDOT shall permit residents to sort requests by those submitted to the Safe Routes to School Program.

(c)(1) DDOT shall install traffic safety infrastructure where called for under an Action Plan, spot safety assessment, or any other assessment or investigation focused on improving traffic safety for a school.

(2) Where a traffic safety installation called for under an Action Plan or spot safety assessment is not completed within one year after the conclusion of the Action Plan or spot safety assessment, DDOT shall provide written notice of the basis for the delay to the principals of schools within 1/10th of a mile of the location of the traffic safety installation, the Ward Councilmember whose ward includes the location of the traffic safety installation, and the Chairs of the Council Committees with oversight of DCPS and the Public Charter School Board.

(d) Any barriers preventing implementation or installation of certain traffic safety infrastructure identified in an Action Plan shall not waive the obligation of the implementation or installation of remaining traffic safety infrastructure identified in the Action Plan.

(e) For Action Plans finalized before October 1, 2023, if any new barriers preventing implementation or installation of certain traffic safety infrastructure are identified after the Action Plan is finalized, DDOT shall, within 60 days after identifying the new barrier, transmit to the Council and post on the DDOT website a description of the newly identified barrier.

§ 38–3107. School zones.

(a)(1) School zones shall have a speed limit of 15 miles per hour between the hours of 6:00 a.m. and 7:00 p.m.; except, that on arterials, DDOT may increase the speed limit in school zones to 25 miles per hour at all times except the hours designated for student drop-off and pick-up for the school day and regular afterschool programming.

(2) DDOT shall post signage on all roadways within a school zone that states the speed limit and warns that the area is a school zone.

(b) The fine for speeding pursuant to 18 DCMR § 2600.1 shall be doubled when the infraction occurs in a school zone.

§ 38–3108. School Streets Pilot Program. [Not Funded]

Not Funded.

§ 38–3109. School crossing guards. [Not Funded]

Not Funded.

§ 38–3110. Safe Streets for Students Master Plan.

(a)(1) No later than 12 months after the applicability date of the Safe Streets for Students Amendment Act of 2022, passed on 2nd reading on December 20, 2022 (enrolled version of Bill 24-66), and every 5 years thereafter, the Mayor shall prepare and submit to the Council for its review and approval a comprehensive 5-year Safe Streets for Students Master Plan ("Master Plan"). If approved by the Council, the Master Plan shall take effect on the first day of the succeeding fiscal year.

(2) The Council committee with jurisdiction shall conduct at least one public hearing on the proposed Master Plan before approval.

(3) If, subsequent to Council's approval of the 5-year Master Plan, material changes to the Master Plan become necessary, the Mayor may modify the Master Plan; provided, that any modification shall be submitted promptly to the Council for review and approval.

(4) Where the Council disapproves of the proposed Master Plan, the Mayor shall revise the Master Plan based on any comments adopted by the Council and resubmit it to the Council for its review and approval within 180 days after the effective date of the disapproval resolution.

(b) The Master Plan shall include:

(1) To be produced by DDOT:

(A) An ordered list of all public schools for which DDOT plans to produce and implement an Action Plan during the 5-year period covered by the Master Plan, ordered in accordance with the rubric described in subsection (c) of this section.

(B) A listing of all schools, ordered by the date that DDOT last produced and implemented an Action Plan for the school, and including the date of the Action Plan; and

(C) A list of the types of traffic safety infrastructure DDOT will consider for implementation at a school facility as part of Action Plan and the thresholds or standards that DDOT will utilize to determine whether implementation of that infrastructure is appropriate; except, that DDOT shall adopt standards in the Master Plan to require the installation of the following traffic safety infrastructure for a school as part of an Action Plan unless the agency determines and explains in writing how such installation would not, based on data collected by DDOT, materially increase safety or would be in conflict with other enumerated engineering requirements:

(i) High-visibility crosswalks at all intersections and crossings;

(ii) Speed bumps, speed humps, speed tables, or speed cushions on roadways adjacent to any public school entrances;

(iii) All-way stops or, where considered appropriate by DDOT, traffic signals at all intersections;

(iv) Raised crosswalks and curb extensions at intersections adjacent to public school campuses;

(v) Flashing school zone beacons on approaches within a school zone; and

(vi) Mid-block crossing protections such as pylons or flashing pedestrian signs.

(2) Not Funded.

(3) Not Funded.

(c)(1)(A) No later than 12 months after [October 1, 2023], and every 5 years thereafter, DDOT shall submit to the Council for its review and approval the rubric that DDOT shall use in the upcoming Master Plan to determine the order that school facilities will receive an Action Plan pursuant to this chapter.

(B) The proposed rubric shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rubric, in whole or in part, by resolution within this 45-day review period, the proposed rubric shall be deemed approved.

(C) Prior to the submission of the rubric to the Council, DDOT shall post the rubric online in a location accessible to the public.

(2)(A) The rubric required under paragraph (1) of this subsection shall, for each public school facility in the District, assign the facility a prioritization score from one to 10 based on data obtained by DDOT for the school facility.

(B) In developing the rubric required under paragraph (1) of this subsection, DDOT shall consider inclusion of:

(i) The number of reported traffic injury crashes that occurred within 1/4 of a mile of the school in the preceding 5 years;

(ii) Whether the school is within 1/4 of a mile of one of the District's top 15 crash intersections;

(iii) Whether the school zone includes a principal arterial, interstate, freeway, or expressway;

(iv) The date of implementation of the last Safe Routes to School Action Plan for the school;

(v) The number of schools within 1/2 of mile of the school facility; and

(vi) The number of at-risk students enrolled in the school based on the current school year enrollment projection.

(d) In addition to a facility's prioritization score required by subsection (c)(2), when determining the prioritization and inclusion of school traffic safety projects in the annual budget and Capital Improvements Plan, DDOT may consider:

(1) The scope and sequence of projects due to other projects focused on traffic safety within the walk and bike shed of the school undertaken in the preceding 5 years or planned in the most recent enacted Capital Improvements Plan; and

(2) Immediate life and safety concerns.

(e)(1) DME and DDOT shall be the agencies responsible for development of the Master Plan:.

(2) The following agencies shall provide support, as requested by the Mayor, for the development of the Master Plan:

(A) DCPS;

(B) The Public Charter School Board;

(D) The Washington Metropolitan Area Transit Authority ("WMATA") and WMATA Metro Transit Police;

(E) The Deputy Mayor for Public Safety and Justice;

(F) The Department of Public Works;

(G) The Office of Neighborhood Safety and Engagement; and

(H) The Office of Planning.

(f)(1) At least 90 days before the submission of the Master Plan to the Council, DDOT shall post the draft Master Plan online and conduct at least 3 public meetings on the draft Master Plan.

(2) Within 7 days after the submission of a Master Plan to Council, DDOT shall transmit to the Council and make the data available on the agency website in a location accessible to the public the raw data used to produce the prioritization scores for each school facility in the Master Plan.

(g) DCPS, PCSB, and individual private schools shall notify DDOT of a new school no later than 90 days before the first day on which students will begin classes at the school.

(May 23, 2000, D.C. Law 13-111, § 2i; as added Mar. 10, 2023, D.C. Law 24-285, § 2(b), 70 DCR 998.)

Applicability

Section 6123 of D.C. Law 25-50 amended section 4 of D.C. Law 24-285 retaining the applicability provision impacting paragraphs (2) and (3) of subsection (b) of this section. Therefore the creations of paragraphs (2) and (3) of subsection (b) of this section by section 2(b) of Law 24-285 have not been implemented.

Applicability of D.C. Law 24-285: § 4 of D.C. Law 24-285 provided that the creation of this section by § 2(b) of D.C. Law 24-285 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

§ 38–3111. Data collection and reporting.

(a) Not Funded.

(b) By July 1 of each year, DDOT shall publicly post on the DDOT website:

(1) The number of driver-involved crashes, fatalities, or major injuries that occurred within 1/4 of a mile of a public school in the preceding year, by school;

(2) A list of fulfilled and outstanding spot safety assessments in each school zone and 1/4 of a mile walk shed;

(3) The deployment plan for traffic control officers for the upcoming year; and

(4) The number of bike racks within the school zone.

§ 38–3112. Liability.

Traffic safety infrastructure, where installed and posted throughout the District and made available as the budget allows, pursuant to this chapter, shall not be deemed obstructions of the road or street. No cause of action at law or in equity, nor any administrative action shall be maintained against the District government for damages by traffic safety infrastructure.