Public Act 093-0953
 		





HB5215 Enrolled
LRB093 17860 NHT 43542 b






    AN ACT concerning schools.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The School Code is amended  by changing Section 
29-6.4 as follows:
 



    (105 ILCS 5/29-6.4)



    Sec. 29-6.4. Non-contract transportation; bids;

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

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

unless it is 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, 
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 
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

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.

    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

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

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

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

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

system.

(Source: P.A. 89-151, eff. 1-1-96; 89-626, eff. 8-9-96.)