BILL NUMBER: S7792
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to protecting the
communication rights of individuals with disabilities
 
PURPOSE:
To affirm and protect the right of individuals with disabilities to use
and receive support for their preferred communication method requires
state agencies and service providers to respect and facilitate communi-
cation needs.
 
SUMMARY OF PROVISIONS:
Section 1 amends the mental hygiene law by adding a new section 13.45 to
outline a New York State communication bill of rights for individuals
with disabilities.
a) The communication bill of rights states that each person with a disa-
bility will have the right to communicate in their preferred manner and
without any interference, restriction, or access denial to a valid meth-
od of communication.
b) A definition of "valid" and "validated" communication is provided as
a communication method that is recognized as appropriate by authori-
tative professional organizations, such as the American Speech-Lan-
guage-Hearing Association, scientifically demonstrated effective meth-
ods, and independent typing or spelling is considered acceptable.
c) The communication bill of rights requires the commissioner of OPWDD
to include a statement of communication rights in their rules and regu-
lations. This statement shall include, but is not limited to:
i. The right to utilize any validated communication method that meets
the needs of individuals with disabilities, including but not limited
to:
1. Augmentative and alternative communication (AAC) techniques and
devices;
2. Independent use of letterboards and independent typing-based communi-
cation;
3. Sign language and non-verbal communication methods;
4. Speech-generating devices or any other validated assistive technolo-
gy;
ii. The right to have such an individual's communication method recog-
nized and supported in schools, community residences, and public insti-
tutions;
iii. The right to speech therapy and communication support by duly
licensed professionals without arbitrary restrictions;
iv. The right to have at least one trained staff member available in
every facility or program to support individuals who require specialized
communication assistance;
v. The right to receive appropriate communication supports from trained
staff, including direct support professionals (DSPs), educators, and
healthcare providers; and
vi. The right to experience no restrictions or bans on an individual
with disabilities' validated communication method.
Section 2 sets the date that the proposed act will take effect.
 
JUSTIFICATION:
Despite federal disability laws like the ADA and IDEA, individuals with
disabilities in New York often face denial of communication support,
untrained staff, and agency policies that prohibit or restrict the use
of validated communication methods. Current problems include group homes
and schools that refuse to support communication methods (e.g., letter-
boards, typing, AAC devices) based on outdated policies and inconsistent
or underfunded speech therapy, leaving individuals without critical
services. Additionally, direct support staff can lack training in commu-
nication accommodation, making individuals more isolated and dependent
on family members for basic communication needs. This bill ensures that
all forms of validated communication are recognized and supported and
creates a system of accountability to prevent discrimination and
neglect.
 
PRIOR LEGISLATIVE HISTORY:
None
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect 180 days after it becomes law.