105 ILCS 5/29-6.4
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 29 - Transportation

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.                A request  shall not be considered timely if it is made more than  24 months or 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. 93-953, eff. 1-1-05.)