HB 5328 — SERVICEMEMBERS-SERVE ACT

*LRB10417800KTG31233b* HB5328 104THEngrossed GENERALLRB104 ASSEMBLY17800 StateKTG of31233 Illinoisb andAN 2026ACT HB5328concerning Introducedveterans. 2/10/2026, by Rep.

Harry Benton SYNOPSIS AS INTRODUCED:

New Act Creates the Servicemember Education Rights Veneration Act.

Requires institutions of higher education (institution) to accommodate service member student's academic military leave and grant prompt readmission when the service member student has not exceeded a cumulative academic military leave period beyond 5 years, provides advance notice of academic military leave to the institution, and provides notice of intent to return to the institution.

Requires the institution to readmit a service member student on academic military leave into the next class, classes, or academic year division following the receipt of the notice of intent to return in accordance with the terms of the accommodation.

Contains provisions on exemptions to readmission and related reporting requirements on service member students;

investigations by the Attorney General's appointed ISERRA Advocate on whether a readmission exemption exists;

and other matters.

Requires service member students to provide advance notice of pending military service and prohibits institutions from imposing conditions for academic military leave not otherwise imposed under the Act.

Contains provisions on military accommodation;

academic obligations of service member students;

reimbursement for school expenses;

academic withdrawal due to military service;

rejection of accommodation and the institution's burden of proof;

a 5-year military service limitation;

records documentation;

advance notice requirements on service member students;

notice of intent to return;

anti-discrimination protections;

academic leave for the spouses of servicemembers;

Attorney General enforcement authority;

remedies;

rulemaking authority;

and other matters.

LRB104 17800 KTG 31233 b A BILL FOR HB5328 LRB104 17800 KTG 31233 b AN ACT concerning veterans.

(2) providing prompt readmission and preservation of academic status for service member students returning from military service in a manner that (A) minimizes disruption to academic pursuits and (B) limits institutional legal risk associated with developing and granting HB5328 Engrossed - 2 - LRB104 17800 KTG 31233 b accommodations;

HB5328 Engrossed - 3 - LRB104 17800 KTG 31233 b "Academic military leave" means any period of leave of absence by a service member student to perform military service.

"Accommodation" includes, but is not limited to, make-up work, flexible deadlines, HB5328 Engrossed - 4 - LRB104 17800 KTG 31233 b alternative assignments, make-up exams, accessing missed lecture materials, remote participation, extended time for tasks, course adjustments, and opportunities to complete assignments, tasks, exams, and other course requirements earlier than their respective due dates.

"Institution" or "institution of higher education" means a HB5328 Engrossed - 5 - LRB104 17800 KTG 31233 b public or private college, university, or other institution that provides postsecondary education and awards degrees, diplomas, certificates, or other such credential.

"Reasonable efforts" means actions taken to accommodate service member students due to academic military leave, but does not require significant difficulty, or expense on the operation of the institution of higher education or on HB5328 Engrossed - 6 - LRB104 17800 KTG 31233 b education standards.

HB5328 Engrossed - 7 - LRB104 17800 KTG 31233 b (1) has not exceeded a cumulative academic military leave period beyond 5 years;

(e) A service member student shall provide documentation HB5328 Engrossed - 8 - LRB104 17800 KTG 31233 b demonstrating applicability of exemptions upon request by the institution, subject to the following:

Results of any investigation may be shared with HB5328 Engrossed - 9 - LRB104 17800 KTG 31233 b appropriate military authority at the discretion of the Attorney General.

HB5328 Engrossed - 10 - LRB104 17800 KTG 31233 b (1) Such requests shall be in collaboration with and in the best interest of service member students.

HB5328 Engrossed - 11 - LRB104 17800 KTG 31233 b (5) Shall be created with the purpose of compliance with this Act.

HB5328 Engrossed - 12 - LRB104 17800 KTG 31233 b (C) Readmission with the same number of credit hours or clock hours unless the service member student is readmitted to a different academic program to which the completed credit hours or clock hours are not transferable.

(c) Accommodations shall not create a broad rule, policy, or practice applicable beyond the terms of the specific accommodation applicable to a specific service member student, except at the sole discretion of the institution of higher education;education.

All expenses, including, but not HB5328 Engrossed - 13 - LRB104 17800 KTG 31233 b limited to, tuition, fees, and penalties, charged by the institution are fully refundable for any academic year division the institution determines that withdrawal, due to military service, is the only appropriate accommodation based on the characteristics of the academic military leave in question subject to the following:

HB5328 Engrossed - 14 - LRB104 17800 KTG 31233 b (5) All other expenses.

If the institution determines that the service member student is not prepared to HB5328 Engrossed - 15 - LRB104 17800 KTG 31233 b resume in the same academic status as required in this Act due to standards outside their control, the institution must make reasonable efforts to help the service member student become prepared to resume in the same academic status, including, but not limited to, providing refresher courses, refresher training, and an opportunity to retake any examination.