Illinois Sen. Porfirio’s SERVE Act on military student protections passes House and Senate

Passed bill authored by State Sen. Mike Porfirio aims to require colleges to accommodate academic leave and protect rights for students called to military service, including anti-discrimination provisions, according to the Illinois General Assembly.

In the House, 64 Democrats and 36 Republicans voted in favor of the bill.

Meanwhile, in the Senate, 38 Democrats and 18 Republicans voted in favor of the bill.

Porfirio introduced the bill in the Illinois Senate on Feb. 5, 2026 during the 104th session.

The legislation, known as SB3737, was passed on May 22, 2026 during the general assembly session 104.

According to the Illinois General Assembly site, the legislature summarized the bill’s official text as follows: “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.”

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill creates the Servicemember Education Rights Veneration (SERVE) Act to require Illinois colleges and universities to accommodate academic leave for students called to military service, preserve their academic status, and grant prompt readmission for up to a cumulative 5 years of leave, with specified exceptions. It defines academic military leave, sets flexible notice and documentation rules, bars institutions from imposing extra leave conditions, and provides for refunds, transcript protections, and housing and textbook treatment when withdrawal is required. The bill prohibits discrimination based on military service, extends certain protections to spouses, authorizes private lawsuits and enforcement by the attorney general and ISERRA Advocate, allows civil penalties and limited punitive damages, removes any statute of limitations for actions, and permits the governor to extend protections during emergencies. The new benefits apply on and after the bill’s effective date.

The bill was sponsored by Rep. Amy Briel (Democrat-76th District), Rep. Amy Elik (Republican-111th District), and Rep. Angelica Guerrero-Cuellar (Democrat-22nd District), along with 52 other sponsors.

Bills in Illinois follow a multi-step legislative process, beginning with introduction in either the House or Senate, followed by committee review, floor debates, and votes in both chambers before reaching the governor for approval or veto. The General Assembly operates on a biennial schedule, and while typically thousands of bills are introduced each session, only a fraction successfully pass through the process to become law.

You can read more about bills and other measures here.

Porfirio graduated from U.S. Naval Academy.

Porfirio, a Democrat, was elected to the Illinois State Senate in 2023 to represent the state’s 11th Senate District, replacing previous state senator Celina Villanueva.

Lawmakers listed as “Not Voting” were present for the vote but did not cast a vote. Those marked as having an “Excused Absence” were not present and formally provided a reason for their absence, which was accepted.