Creates the Equitable Access to Education, Employment, and Training for Incarcerated Individuals with Disabilities Act. Provides that reasonable accommodations for incarcerated individuals with an intellectual disability or a developmental disability shall include a waiver of any requirement that the individual take the Test of Adult Basic Education and receive a passing score, or take and receive a passing score on any other examination or test that the Department may require to determine academic achievement or access to educational programs, work assignments, and vocational programs. Provides that participation in these programs through the Test of Adult Basic Education waiver and other reasonable accommodations shall qualify individuals with an intellectual disability or a developmental disability to earn earned sentence credit, consistent with opportunities provided to other incarcerated individuals. Provides that Department of Corrections staff, including educational personnel, shall receive annual training on: (1) identifying individuals who have an intellectual disability or a developmental disability; (2) providing accommodations and supports to an individual with an intellectual disability or a developmental disability in educational, employment. and vocational settings; and (3) administering appropriate alternative assessments. Provides that staff training programs shall be developed in collaboration with disability advocacy organizations and educational institutions. Provides that the Department shall ensure compliance with federal disability laws, including the Americans with Disabilities Act and Rehabilitation Act of 1973, through the implementation of the Act. Provides that individuals with an intellectual disability or a developmental disability who are denied access to programs or accommodations under the Act may file a grievance through the Department's established grievance procedures. Effective immediately.
House Floor Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Provides that when an incarcerated individual discloses that the incarcerated individual has an intellectual disability or a developmental disability and provides documentation verifying such disability, the incarcerated person shall be eligible for a waiver of any requirement to take or receive a passing score on the Test of Adult Basic Education, or any successor examination used to determine access to educational, employment, or vocational programming. Establishes various documentation to prove an intellectual or developmental disability. Provides that the determination of a waiver request must be made within 45 days after the request is submitted. Provides that Department of Corrections staff, including educational personnel, may receive annual training on: (1) providing accommodations and supports to an individual with an intellectual disability or a developmental disability in educational, employment, and vocational settings; and (2) administering appropriate alternative assessments. Provides that the Department of Corrections shall develop, in collaboration with the Illinois Council on Developmental Disabilities and other disability organizations in Illinois, accessible informational materials written in plain English, Spanish, and other languages appropriate to reach the population of incarcerated individuals explaining: (1) the availability of accommodations and waivers under this Act; (2) how to disclose a disability; (3) how to request help to obtain documentation to verify a disability; and (4) grievance rights if access is denied. Provides that, in the absence of formal documentation, the Department shall consider a waiver if credible evidence of disability exists and shall help the individual to obtain documentation. Provides that informational materials shall be provided at intake and posted where other informational material is generally posted or made available. Provides that informational materials shall be available in alternative formats upon request, including large print and audio. Provides that no later than March 31 of each year beginning on March 31, 2028, the Department of Corrections shall report the following aggregate data to the Governor and the General Assembly for the previous fiscal year. Provides that nothing in the Act shall be construed to apply to or affect adult education or any program administered or approved by the Illinois Community College Board within facilities of the Department of Corrections. Effective immediately.
Senate Floor Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Changes references from "earned sentence credit" to "earned program sentence credit". Provides that the incarcerated individual shall be responsible for submitting documentation verifying an intellectual disability or developmental disability. Provides that the Department of Corrections shall provide notice of acceptable forms of documentation and instructions for submission. Provides that Department staff, including educational personnel, may receive annual training on providing accommodations and supports administering optional vocational interest and skills questionnaires used solely to support placement into existing programs after waiver approval. Provides that the informational materials provided to incarcerated persons on disabilities shall include information on how to submit documentation to verify an intellectual disability or developmental disability. Provides that informational materials shall be made available to incarcerated individuals through intake, program access, re-entry planning, and other disclosure pathways established under the Equitable Access to Education, Employment, and Training for Incarcerated Individuals with Disabilities Act. Makes other changes. Effective immediately.