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1 | AN ACT concerning schools.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
5 | 29-6.4 as follows:
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6 | (105 ILCS 5/29-6.4)
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7 | Sec. 29-6.4. Non-contract transportation; bids;
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8 | reimbursement. A school board of a school district that | |||||||||||||||||||
9 | provides
transportation of its pupils to and from school on | |||||||||||||||||||
10 | buses that are owned by the
district that are operated by | |||||||||||||||||||
11 | drivers who are employed by the district shall,
if it receives | |||||||||||||||||||
12 | a timely request from an interested private school bus
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13 | contractor that the district provide that transportation under | |||||||||||||||||||
14 | contract,
solicit sealed bids for that purpose. For purposes of | |||||||||||||||||||
15 | this Section, a request
shall not be considered timely unless | |||||||||||||||||||
16 | it is made in writing by certified mail,
return receipt | |||||||||||||||||||
17 | requested, addressed to the school board of the district at the
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18 | administrative offices or any school of the district, | |||||||||||||||||||
19 | postmarked not more than
24 months nor less than 3 months | |||||||||||||||||||
20 | before the expiration of the collective
bargaining or other | |||||||||||||||||||
21 | agreement that is in effect at the time the request is made
and | |||||||||||||||||||
22 | that governs the terms and conditions of employment of the | |||||||||||||||||||
23 | school bus
drivers employed by the district. At the conclusion | |||||||||||||||||||
24 | of the bidding process,
the school board shall publicly | |||||||||||||||||||
25 | announce the district's fully allocated costs
of providing | |||||||||||||||||||
26 | transportation of its pupils to and from school under its | |||||||||||||||||||
27 | present
system and thereupon may (i) elect to enter into a | |||||||||||||||||||
28 | contract as provided in
Section 29-6.1 of this Code with the | |||||||||||||||||||
29 | lowest responsible bidder for transportation of the
district's | |||||||||||||||||||
30 | pupils to and from school or (ii) elect to continue providing
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31 | transportation of its pupils to and from school under its | |||||||||||||||||||
32 | present system.
In the event the school board elects to |
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1 | continue providing transportation of
the district's pupils to | ||||||
2 | and from school under its present system even though
the | ||||||
3 | district's fully allocated costs of doing so exceed the amount | ||||||
4 | of the
lowest responsible bid received by the school board for | ||||||
5 | transportation of the
district's pupils to and from school, the | ||||||
6 | school board shall publicly
announce at a regularly scheduled | ||||||
7 | meeting of the board held within 30 days
after making its | ||||||
8 | election to continue providing pupil
transportation under its | ||||||
9 | present system (i) the fully allocated costs of
providing | ||||||
10 | transportation of the district's pupils to and from school | ||||||
11 | under its
present system, and (ii) the amount of each of the | ||||||
12 | sealed bids submitted to the
school board, identifying which of | ||||||
13 | the sealed bid amounts was the lowest
responsible bid.
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14 | As used in this Section the term "fully allocated costs" | ||||||
15 | includes both the
fixed and variable direct costs of the labor, | ||||||
16 | capital, and material resources
that are used by the school | ||||||
17 | district exclusively for purposes of providing
transportation | ||||||
18 | of the district's pupils to and from school plus that portion | ||||||
19 | of
the district's shared costs as is fairly allocable to the | ||||||
20 | products, services,
and facilities necessary to provide | ||||||
21 | transportation of the district's pupils to
and from school. | ||||||
22 | Direct costs of labor, capital, and material resources used
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23 | exclusively to provide pupil transportation include the wages, | ||||||
24 | payroll costs,
and associated fringe benefits of school bus | ||||||
25 | drivers, mechanics, and any
supervisory or administrative | ||||||
26 | personnel whose services relate exclusively to
pupil | ||||||
27 | transportation personnel or services, fuel, lubricants, tires, | ||||||
28 | tubes,
related material costs incurred in providing pupil | ||||||
29 | transportation, depreciation
costs associated with school | ||||||
30 | buses and other vehicles, including spare
vehicles, used to | ||||||
31 | provide pupil transportation, and costs of facilities and
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32 | equipment maintained exclusively to service, garage, or park | ||||||
33 | vehicles used for
pupil transportation purposes.
"Shared | ||||||
34 | costs" means the aggregate cost of the labor, capital, and | ||||||
35 | material
resources that are used in common by the district for | ||||||
36 | a multiplicity of
purposes, including the purpose of providing |
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1 | transportation of the district's
pupils to and from school. The | ||||||
2 | costs of the management, administration, and
underlying | ||||||
3 | infrastructure that support a multiplicity of services | ||||||
4 | provided by
the school district (including pupil | ||||||
5 | transportation services) constitute shared
costs within the | ||||||
6 | meaning of this Section, and to the extent they are fairly
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7 | allocable to pupil transportation services they are included | ||||||
8 | within the term
fully allocated costs as used in this Section. | ||||||
9 | The
State Board of Education shall promulgate rules setting | ||||||
10 | forth the manner in
which a district's fully allocated costs of | ||||||
11 | providing transportation of its
pupils to and from school under | ||||||
12 | a non-contractual system shall be determined
and computed for | ||||||
13 | purposes of this Section. However, those rules shall be
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14 | consistent with the provisions of this paragraph and shall | ||||||
15 | follow recognized
principles of fully allocated costing | ||||||
16 | analysis in the transit industry,
including generally accepted | ||||||
17 | methods of identifying and estimating the
principal cost | ||||||
18 | elements of maintaining and operating a pupil transportation
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19 | system.
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20 | (Source: P.A. 89-151, eff. 1-1-96; 89-626, eff. 8-9-96.)
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