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