105 ILCS 5/5-32
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 5 - Trustees of Schools

 (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.)