SB1395sam001 104TH GENERAL ASSEMBLY

Sen. Adriane Johnson

Filed: 3/14/2025

10400SB1395sam001 LRB104 08076 RLC 23968 a

AMENDMENT TO SENATE BILL 1395

AMENDMENT NO. ______. Amend Senate Bill 1395 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Equitable Access to Education, Employment, and Training for Incarcerated Individuals with Disabilities Act.

Section 5. Findings and purpose.

(a) The General Assembly finds that:

(1) Individuals with an intellectual disability or a developmental disability face systemic barriers to accessing educational programs, work assignments, and vocational programs in correctional settings.

(2) Tailored accommodations, including the Test of Adult Basic Education waiver, are essential for compliance with federal laws, such as the Americans with Disabilities Act and the Rehabilitation Act of 1973.

(b) The purpose of this Act is to mandate equitable access to work assignments, as well as educational or vocational programs for incarcerated individuals with an intellectual disability or a developmental disability by:

(1) establishing a waiver for the Test of Adult Basic Education requirement, its successor, or any similar examination used to measure academic achievement, to ensure that incarcerated individuals with an intellectual disability or developmental disability can qualify for participation in educational and vocational programs offering earned sentence credit; and

(2) ensuring that incarcerated individuals with an intellectual disability or a developmental disability have equal access to earned sentence credit opportunities through participation in educational programs, work assignments, and vocational programs.

Reasonable accommodations for incarcerated individuals with an intellectual disability or a developmental disability shall include a waiver of any requirement that they take and receive a passing score on the Test of Adult Basic Education have equal access to earned sentence credit opportunities through participation in educational programs, work assignments, and vocational programs.

Section 10. Definitions. In this Act:

"Department" means the Department of Corrections.

"Developmental disability" has the meaning given in Section 1-106 of the Mental Health and Developmental Disabilities Code.

"Intellectual disability" has the meaning given in Section 1-116 of the Mental Health and Developmental Disabilities Code.

Section 15. Reasonable accommodations; Test of Adult Basic Education waiver.

(a) Reasonable accommodations for incarcerated individuals with an intellectual disability or a developmental disability to comply with the Americans with Disabilities Act and the Rehabilitation Act of 1973 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.

(b) 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 sentence credit, consistent with opportunities provided to other incarcerated individuals.

Section 20. Staff training and education.

(a) Department 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.

(b) Staff training programs shall be developed in collaboration with disability advocacy organizations and educational institutions.

Section 25. Compliance and enforcement.

(a) The Department shall ensure compliance with federal disability laws, including the Americans with Disabilities Act and Rehabilitation Act of 1973, through the implementation of this Act.

(b) Individuals with an intellectual disability or a developmental disability who are denied access to programs or accommodations under this Act may file a grievance through the Department's established grievance procedures.

Section 99. Effective date. This Act takes effect January 1, 2026.".