110 ILCS 153/5-15: Accommodation.

(This Section may contain text from a Public Act with a delayed effective date)

(a) Notice of pending academic military leave entitles service member students to institutional accommodation.

(b) Accommodations. Accommodation made by an institution of higher education under this Act:

(1) Shall be mutually agreed upon and conditioned on tasks that both sides must complete to fulfill the agreement.

(2) Shall be in writing such as in an email, letter, or some other written form.

(3) Shall not violate any law prohibiting discrimination.

(4) Shall not violate any rights granted by this Act or other law.

(5) Shall be created with the purpose of compliance with this Act.

(6) Shall benefit the service member student.

(7) Shall be tailored to the unique academic status, military requirements, and circumstantial constraints specific to each service member student who finds himself or herself in a position warranting accommodation.

(8) Shall be amendable when a material condition changes or upon agreement by the institution and the service member student.

(9) Shall present a reasonable opportunity for the service member student to maintain academic status as follows:

(A) Readmission into the same academic program is subject to the following:

(i) If the specific academic program is no longer offered but the coursework can be completed, then the service member student shall be given the opportunity to complete the coursework for that academic program.

(ii) If the coursework is not available, then the service member student shall be admitted into the academic program that is most similar to his or her original academic program.

(B) Readmission to the same academic enrollment status.

(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.

(D) Readmission with the same academic standing subject to changes in grade point average resulting from any accommodation.

(E) Readmission with the same academic progress.

(10) The specifics and nature of any accommodation shall be at the sole discretion of the institution of higher education in consultation with the service member student.

(11) Shall be reasonable under the circumstances.

(12) Shall not require, plan, or depend on the performance of coursework during academic military leave subject to the provision that nothing in this subsection prevents a service member student from performing coursework during academic military leave on the service member student's own initiative.

(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.

(d) Reimbursement. All expenses, including, but not 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:

(1) Financial aid. Financial aid shall be credited for the academic year division requiring withdrawal due to military service, unless expressly prohibited by the terms of such financial aid or impossible or unreasonable under the circumstances.

(2) Scholarship, grant, or loan. A service member student's eligibility for a State-supported scholarship, grant, or loan for attendance at an institution shall not be adversely affected by the service member student's failure to complete coursework because of the service member student's military service.

(3) Housing under the control of the institution. The service member student may be charged for any period in which student housing is occupied by the service member student and subject to the federal Servicemembers Civil Relief Act (50 U.S.C. 3900 et seq.).

(4) Textbooks. If a service member student must withdraw from any course due to military service, the service member student shall receive the maximum price, based on condition, for physical textbooks purchased from the bookstore under the control of and associated with the institution. Such students shall receive a full refund for electronic books.

(5) All other expenses. All other expenses charged by the institution and that the service member student has used or taken advantage of shall be reimbursed pro rata. If determining the pro rata share is not possible, then the service member student shall be reimbursed the full amount.

(e) Withdrawal due to military service. A service member student who is unable to continue in a course due to military service shall be allowed to withdraw with no impact upon the final grade point average of the service member student. Such withdrawal shall be identified on any academic transcript as "withdrawal due to military service" so as not to prejudice the service member student. If the service member student is required to withdraw, such withdrawal shall not disadvantage the service member student as to readmission or re-enrollment.

(f) Academic military leave does not count toward any limit on attendance.

(g) Mutual accommodation. Any requirement of academic status is deemed met if the service member student requests and the institution grants a different academic program, enrollment status, credit or clock hours, or academic progress. Such accommodation shall not be recognized if made in lieu of the service member student's preferred benefit under law, policy, practice, or agreement.

(h) Re-enrollment not possible. If the institution determines that the service member student is not prepared to 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. Such efforts shall be at no extra cost to service member students. If, after reasonable efforts on the part of the institution, the service member student is unable to resume in the same academic status, then the obligation to readmit the service member student in the same academic status is deemed to have been met.

(i) Rejection of accommodation. Rejection of accommodation that meets the requirements of this Act by a service member student shall subject the service member student to the institution's applicable policies and procedures. Good faith negotiations on the part of the service member student or representative do not constitute rejection of the accommodation.

(j) Burden of proof. The institution of higher education carries the burden to show, by a preponderance of the evidence, that:

(1) the service member student is re-enrolled in the same or most similar academic program and status;

(2) reasonable efforts have been made to prepare the service member student to resume in the same or most similar academic program and status;

(3) reasonable efforts made have failed through no fault of the institution; and

(4) no other reasonable efforts are available to the institution.