Bill
HB 5328
Illinois higher ed must readmit service member students promptly with tailored accommodations, preserving status and finances after military service.
Proposed by: Representative Harry Benton (sponsors: Kevin Schmidt, Gregg Johnson, Katie Stuart)
Status and timeline (as introduced):
- Introduced: February 10, 2026
- Assigned to Higher Education Committee (Feb 26, 2026)
- Do Pass / Short Debate in Committee: March 19, 2026
- Second Reading: April 10, 2026
- Third Reading (Short Debate) and Passed: April 17, 2026 (vote 101-1-0)
Effective scope: Applies to institutions of higher education in Illinois (public or private colleges, universities, or other postsecondary institutions that award degrees, diplomas, or certificates).
Purpose and intent
- Create a comprehensive framework to protect the educational rights of service member students (and their spouses) who must participate in military service.
- Ensure prompt readmission, maintain academic status, and minimize disruption to both military and academic commitments.
- Reduce institutional risk by clarifying duties, procedural timelines, and available remedies for violations.
Key definitions (highlights)
- Academic military leave: period away from studies to perform military service.
- Service member student: a student eligible to be ordered to military service (or their spouse whose education is affected).
- Accommodation: written, mutually agreed modifications to coursework and timelines to prevent negative impacts on academic status (e.g., make-up work, flexible deadlines, remote participation, etc.).
- Military accommodation: accommodation arranged with respect to timing, frequency, and duration of leave.
- ISERRA Advocate: Attorney General-appointed advocate for Service Member Employment and Reemployment Rights Act issues in Illinois.
- Five-year limit: cumulative academic military leave capped at 5 years, with specific federal/state-exempted circumstances excluded from the count.
- Advance notice and notice of intent to return: requirements for service member students to notify institutions and instructors about pending service and plans to return.
Major provisions
1) Readmission and accommodation (Article 5)
- Readmission eligibility criteria:
- Service member has not exceeded a cumulative academic military leave of 5 years.
- Advances notice of academic military leave to the institution.
- Provides notice of intent to return.
- Prompt readmission: upon receipt of notice to return, the student must be readmitted into the next class or academic division following the terms of the accommodation.
- Exemptions to readmission: triggers termination of readmission rights if the service member is dishonorably discharged, dismissed from military service (for officers), or dropped from the rolls.
- Documentation: institutions may request documentation to verify exemptions, but must be from appropriate military authority and cannot request overly specific documents; reporting is to be timely.
- If an exemption is possible but not reported, ISERRA Advocate can investigate; intentional failure to report can lead to loss of readmission rights and potential recoupment of public funds if applicable.
2) Academic military leave and student obligations (Section 5-10)
- Advance notice not required for military service is allowed; failure to provide notice follows institution policy.
- Institutions may request accommodations in advance, but only to the extent beneficial to the student and consistent with military law and discretion.
- Academic obligations continue unless the institution agrees to an accommodation; leave does not excuse academic obligations by default.
3) Accommodation standards (Section 5-15)
- Accommodations must be in writing, entered as a contract, and tailored to the individual student.
- Readmission terms generally aim to preserve the student’s program, credit hours, academic standing, and progress, subject to accommodation details.
- Reimbursement for school expenses: tuition, fees, housing, textbooks, and other costs may be reimbursed pro rata for withdrawals caused by military service; financial aid and state-supported aid protections included; housing handled under the Servicemembers Civil Relief Act where applicable.
- Withdrawal due to military service: withdrawals should be labeled “withdrawal due to military service” and should not negatively affect readmission chances.
- Accommodations cannot be used to broaden rules beyond those in the Act; mutual accommodations must be reasonable and tailored; re-enrollment or readiness activities must be provided to help students resume.
4) Five-year limit and documentation (Section 5-20)
- Institutions determine applicability of the 5-year limit and may request documentation (not overly burdensome); documentation must come from military authority.
- Exceeding the 5-year limit does not automatically bar readmission; readmission is still at the institution’s discretion.
- ISERRA Advocate can be alerted if documentation is not timely provided.
5) Advance notice and notice of intent to return (Sections 5-25 and 5-30)
- Advance notice requirements: written but can be oral if written notice isn’t feasible; no rigid format; can be given by service member, spouse, or appropriate military authority; notice to relevant instructors or official designated by the institution.
- Failure to provide advance notice subjects the student to institutional policies.
- Notice of intent to return:
- Presumed if return is part of an established accommodation or if leave is under 31 days.
- May be provided any time between advance notice and within 3 years after end of leave (extended timelines if hospitalization or convalescence applies).
- Failure to provide timely notice triggers application of institutional policies.
- Notice to be provided to applicable instructors or officials; written but not format-specific; waivers possible at institutional discretion.
6) Non-discrimination and military spouse provisions (Sections 5-35, 5-40)
- Prohibits discrimination based on military service for service member students and spouses/dependents.
- Allows military spouses to withdraw without penalty when service interferes with education; refunds and pro rata sharing for services used.
7) Rights notice and enforcement (Sections 5-45, Article 10)
- Institutions must provide service member students with rights and duties notices prepared by ISERRA Advocate.
- Private right of action for violations allowed.
- Attorney General enforcement authority with investigations, preliminary inquiries, subpoenas, and potential civil penalties (up to $50,000 per violation) and restitution.
- Remedies include actual damages, injunctive relief, and court-ordered funds; cap on punitive damages at $500,000 per violation (where applicable, e.g., discrimination cases).
Administrative and enforcement framework
- ISERRA Advocate empowered to train institutions, provide interpretive materials, respond to inquiries, and investigate violations.
- Attorney General oversight with potential court action to enforce and obtain relief.
- Rulemaking authority granted to implement and refine provisions.
Potential impact
- Strengthens protections for service member students and their spouses in Illinois higher education.
- Encourages prompt readmission and consistent accommodation practices.
- Creates a structured process for advance notice, return, and documentation of exemptions, with enforcement and remedies for violations.
- Aims to reduce barriers to continued education during and after military service while balancing institutional operations and resources.
Compiled from official sources — confirm details with the bill’s official record.
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