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Public Act 093-0953
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| HB5215 Enrolled |
LRB093 17860 NHT 43542 b |
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AN ACT concerning schools.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
29-6.4 as follows:
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(105 ILCS 5/29-6.4)
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Sec. 29-6.4. Non-contract transportation; bids;
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reimbursement. A school board of a school district that |
provides
transportation of its pupils to and from school on |
buses that are owned by the
district that are operated by |
drivers who are employed by the district shall,
if it receives |
a timely request from an interested private school bus
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contractor that the district provide that transportation under |
contract,
solicit sealed bids for that purpose. A district or |
special education cooperative is not required to respond to |
such a request more than once every 2 years.
For purposes of |
this Section,
A
a request
shall not be considered timely if
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unless it is made in writing by certified mail,
return receipt |
requested, addressed to the school board of the district at the
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administrative offices or any school of the district, |
postmarked not more than
24 months or
nor less than 3 months |
before the expiration of the collective
bargaining or other |
agreement that is in effect at the time the request is made
and |
that governs the terms and conditions of employment of the |
school bus
drivers employed by the district. All requests shall |
be made in writing by certified mail, return receipt requested, |
addressed to the school board of the district at the |
administrative offices or any school of the district. At the |
conclusion of the bidding process,
the school board shall |
publicly announce the district's fully allocated costs
of |
providing transportation of its pupils to and from school under |
its present
system and thereupon may (i) elect to enter into a |
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contract as provided in
Section 29-6.1 with the lowest |
responsible bidder for transportation of the
district's pupils |
to and from school or (ii) elect to continue providing
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transportation of its pupils to and from school under its |
present system.
In the event the school board elects to |
continue providing transportation of
the district's pupils to |
and from school under its present system even though
the |
district's fully allocated costs of doing so exceed the amount |
of the
lowest responsible bid received by the school board for |
transportation of the
district's pupils to and from school, the |
school board shall publicly
announce at a regularly scheduled |
meeting of the board held within 30 days
after making its |
election to continue providing pupil
transportation under its |
present system (i) the fully allocated costs of
providing |
transportation of the district's pupils to and from school |
under its
present system, and (ii) the amount of each of the |
sealed bids submitted to the
school board, identifying which of |
the sealed bid amounts was the lowest
responsible bid.
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As used in this Section the term "fully allocated costs" |
includes both the
fixed and variable direct costs of the labor, |
capital, and material resources
that are used by the school |
district exclusively for purposes of providing
transportation |
of the district's pupils to and from school plus that portion |
of
the district's shared costs as is fairly allocable to the |
products, services,
and facilities necessary to provide |
transportation of the district's pupils to
and from school. |
Direct costs of labor, capital, and material resources used
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exclusively to provide pupil transportation include the wages, |
payroll costs,
and associated fringe benefits of school bus |
drivers, mechanics, and any
supervisory or administrative |
personnel whose services relate exclusively to
pupil |
transportation personnel or services, fuel, lubricants, tires, |
tubes,
related material costs incurred in providing pupil |
transportation, depreciation
costs associated with school |
buses and other vehicles, including spare
vehicles, used to |
provide pupil transportation, and costs of facilities and
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equipment maintained exclusively to service, garage, or park |
vehicles used for
pupil transportation purposes.
"Shared |
costs" means the aggregate cost of the labor, capital, and |
material
resources that are used in common by the district for |
a multiplicity of
purposes, including the purpose of providing |
transportation of the district's
pupils to and from school. The |
costs of the management, administration, and
underlying |
infrastructure that support a multiplicity of services |
provided by
the school district (including pupil |
transportation services) constitute shared
costs within the |
meaning of this Section, and to the extent they are fairly
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allocable to pupil transportation services they are included |
within the term
fully allocated costs as used in this Section. |
The
State Board of Education shall promulgate rules setting |
forth the manner in
which a district's fully allocated costs of |
providing transportation of its
pupils to and from school under |
a non-contractual system shall be determined
and computed for |
purposes of this Section. However, those rules shall be
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consistent with the provisions of this paragraph and shall |
follow recognized
principles of fully allocated costing |
analysis in the transit industry,
including generally accepted |
methods of identifying and estimating the
principal cost |
elements of maintaining and operating a pupil transportation
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system.
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(Source: P.A. 89-151, eff. 1-1-96; 89-626, eff. 8-9-96.)
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