(105 ILCS 5/5-32) (from Ch. 122, par. 5-32)
Sec. 5-32. Failure to maintain schools - Transportation and tuition. If any school district other than a non-high school district shall for 1
year fail to maintain within the boundaries of the school district a
recognized public school as required by law, such district shall become
automatically dissolved and the property and territory of such district
shall be disposed of in the manner provided for the disposal of
territory and property in Section 7-11 of this Act. However, a school
district shall not be dissolved where the State Board of Education and the
regional superintendent of the region in which a
district has legally authorized the building of a school and legally
selected a school house site and has issued bonds for such building
shall jointly find and certify that such building has been authorized,
site selected and bonds issued.
If a district has its territory included within a petition to form a
community unit district under Article 11E of this Code, that district may
not be dissolved under this Section until the end of the school year in
which all proceedings relating to formation of that community unit
district are finally concluded, whether by disallowance of the petition,
by referendum, by a final court decision or otherwise. Until such
proceedings are finally concluded, the regional superintendent having
jurisdiction of the district that is not maintaining a recognized school
shall assign the pupils of that district to an adjoining school
district, subject to the
requirement that the district from which the pupils are so assigned
shall pay tuition for such pupils to the district to which the pupils
are assigned, in accordance with Section 10-20.12a of this Act or in
such lesser amount as may be agreed to by the 2 districts.
However, until July 1, 1969 or one year after the entry of a final
decision by a court of competent jurisdiction in the event of litigation
with respect to any of the matters set forth in this Section, whichever
is the later, notwithstanding the provisions of this Section, any
protectorate high school district composed of contiguous and compact
territory having not less than 2,000 inhabitants and which has an
equalized assessed valuation of not less than $6,000,000, shall be and
remain a protectorate high school district if a majority of the pupils
attend a high school in a special charter district maintaining grades 1
through 12 and if during that period the voters of the district, by
referendum to be ordered by the board, vote in favor of the proposition that
such district maintain and operate a high school within such district,
and also authorize the purchase of a school site, the building of a
school building and the issuance of bonds for such purpose, which bonds
are duly issued. The Board shall certify the proposition to the proper
election authorities for submission, in accordance with the general
election law.
The proposition to maintain and operate a high school within such
district shall be in substantially the following form:
--------------------------------------------------------------------------------------------------------------------- Shall ......................High School District Number ......, YES........... County, Illinois,maintain and operate a high school ------------------------------------------------------------------------ within that High SchoolDistrict and for the benefit NOof the pupils residing therein?---------------------------------------------------------------------------------------------------------------------
and is approved if a majority of the voters voting on the proposition is
in favor thereof. The proposition of purchasing a school site, the
building of a school building and the issuance of bonds for such purpose
shall be submitted to the voters and may be voted upon at the same election
that the proposition of maintaining and operating a high school within the
district is submitted or at any regularly scheduled election subsequent
thereto as may be
ordered by the board. Thereupon, that protectorate high school
district shall thereafter exist as a community high school district and
possess and enjoy all of the powers, duties and authorities of a
community high school district under Article 12 of this Act.
Throughout its existence as a protectorate district and until the
legal voters residing in the district have determined to maintain and
operate a high school within the district and have been authorized to
purchase a school site, build a school building and to issue bonds for
such purpose and which bonds are duly issued, or until the dissolution
of the district as required by this Section, such protectorate district
may use its funds to pay for the tuition and transportation of the
pupils in such district that attend a high school in a special charter
district maintaining grades 1 through 12. A protectorate high school
district is defined to be a district which does not own or operate its
own school buildings.
(Source: P.A. 94-1019, eff. 7-10-06.)
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