BILL NUMBER: S7792B
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:
This bill requires OPWDD to issue a communication bill of rights, to
affirm the right of individuals with disabilities to utilize a validated
communication method and prohibits any state agency, school, group home,
or service provider from restricting or denying access to a validated
communication method. Specifically, individuals with disabilities shall
have the right to:
* Utilize any validated communication method that meets their needs,
including but not limited to:
* Augmentative and Alternative Communication (AAC) techniques and
devices
* Independent use of letterboards and independent typing-based communi-
cation
* Sign language and non-verbal gestural systems
* Speech-generating devices or any other validated assistive technology
* Have their communication method recognized and supported in schools,
group homes, and public institutions.
* Receive appropriate communication supports from trained staff, includ-
ing direct support professionals (DSPs), educators, and healthcare
providers of validated communication methods. Current problems include:
* Group homes and schools refusing to support communication methods
(e.g., letterboards, typing, AAC devices) based on outdated policies.
* Speech therapy access being inconsistent or underfunded, leaving indi-
viduals without critical services. Direct support staff lacking training
in communication accommodations, making individuals more isolated and
dependent on family members for basic communication needs.
* No statewide oversight or accountability for violations of communi-
cation rights. This bill ensures that all forms of validated communi-
cation are recognized and supported and creates a system of accountabil-
ity to prevent discrimination and neglect.
 
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.