730 ILCS 230/15: Reasonable accommodations; Test of Adult Basic Education waiver.

(a) 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 individual 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 programs.

(b) Documentation verifying an intellectual disability or a developmental disability may include, but is not limited to:

(1) a prior Individualized Education Program (IEP);

(2) documentation of eligibility for developmental disability services;

(3) a psychological or neuropsychological evaluation; or

(4) documentation from the Department of Human Services or a community provider.

If verifying documentation is unavailable, the Department may use available records to review submitted information.

(c) The incarcerated individual shall be responsible for submitting documentation verifying an intellectual disability or developmental disability. The Department shall provide notice of acceptable forms of documentation and instructions for submission.

(d) The Department shall establish multiple pathways for disclosure and collection of information verifying an intellectual disability or a developmental disability including, but not limited to:

(1) during intake and classification;

(2) during intake from a county jail or mental health facility;

(3) during the process of receiving an individual who is transferred from the Department of Juvenile Justice, another State agency or a State-operated facility;

(4) at the time of requesting access to educational, employment, or vocational programs; or

(5) during re-entry planning.

(e) Upon disclosure, the Department shall provide written and verbal notice to the individual explaining:

(1) the availability of a Test of Adult Basic Education waiver;

(2) the verification process; and

(3) the impact of a waiver on eligibility for programs and earned program sentence credit.

(f) At the parent facility, the determination of a waiver request must be made within 60 days after the request is submitted.

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