Assembly Bill A7363B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7363
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on People with Disabilities
 
 AN ACT to amend the mental hygiene law, the education law and the social
   services law, in relation to protecting the  communication  rights  of
   individuals with disabilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 13.45 to read as follows:
 § 13.45 NEW YORK STATE COMMUNICATION BILL OF RIGHTS FOR INDIVIDUALS WITH
           DISABILITIES.
   (A)  EACH  PERSON  WITH  A  DISABILITY HAS THE RIGHT TO COMMUNICATE IN
 THEIR PREFERRED MANNER AND NO STATE AGENCY, SCHOOL, COMMUNITY RESIDENCE,
 OR SERVICE PROVIDER SHALL RESTRICT OR DENY ACCESS TO A VALIDATED  COMMU-
 NICATION METHOD.
   (B)  IN  ORDER TO ENSURE THAT EACH PERSON WITH A DISABILITY IS ABLE TO
 LEAD A LIFE OF DIGNITY, THE COMMISSIONER  SHALL  INCLUDE  IN  RULES  AND
 REGULATIONS  A STATEMENT OF THE RIGHTS OF SUCH PERSONS TO COMMUNICATE IN
 THEIR PREFERRED MANNER AND THE OBLIGATIONS OF ALL  STAFF  AND  PROVIDERS
 UNDER THIS SECTION, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (1) THE RIGHT TO UTILIZE ANY VALIDATED COMMUNICATION METHOD THAT MEETS
 THE  NEEDS  OF  INDIVIDUALS WITH DISABILITIES, INCLUDING BUT NOT LIMITED
 TO:
   (I) AUGMENTATIVE AND ALTERNATIVE COMMUNICATION (AAC) DEVICES;
   (II) LETTERBOARDS AND TYPING-BASED COMMUNICATION;
   (III) SIGN LANGUAGE AND NON-VERBAL GESTURAL SYSTEMS;
   (IV) FACILITATED AND SUPPORTED COMMUNICATION METHODS; AND
   (V) SPEECH-GENERATING DEVICES OR ANY OTHER ASSISTIVE TECHNOLOGY;
   (2) THE RIGHT TO HAVE SUCH INDIVIDUAL'S  COMMUNICATION  METHOD  RECOG-
 NIZED  AND SUPPORTED IN SCHOOLS, COMMUNITY RESIDENCES, AND PUBLIC INSTI-
 TUTIONS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10990-01-5
              

 A. 7363                             2
 
   (3) THE RIGHT TO SPEECH  THERAPY  AND  COMMUNICATION  SUPPORT  WITHOUT
 ARBITRARY RESTRICTIONS;
   (4)  THE  RIGHT TO HAVE AT LEAST ONE TRAINED STAFF MEMBER AVAILABLE IN
 EVERY FACILITY OR PROGRAM TO SUPPORT INDIVIDUALS WHO REQUIRE SPECIALIZED
 COMMUNICATION ASSISTANCE;
   (5) THE RIGHT  TO  RECEIVE  APPROPRIATE  COMMUNICATION  SUPPORTS  FROM
 TRAINED STAFF, INCLUDING DIRECT SUPPORT PROFESSIONALS (DSPS), EDUCATORS,
 AND HEALTHCARE PROVIDERS; AND
   (6)  THE  RIGHT TO EXPERIENCE NO RESTRICTIONS OR BANS ON AN INDIVIDUAL
 WITH DISABILITIES' CHOSEN COMMUNICATION METHOD, EXCEPT WHERE  LEGITIMATE
 MEDICAL OR SAFETY CONCERNS EXIST.
   §  2.  Section  13.23 of the mental hygiene law is amended by adding a
 new subdivision (d) to read as follows:
   (D) THE COMMISSIONER SHALL ESTABLISH EDUCATION AND  TRAINING  PROGRAMS
 TO  ENSURE  COMPLIANCE  WITH  THE  NEW  YORK STATE COMMUNICATION BILL OF
 RIGHTS FOR INDIVIDUALS WITH DISABILITIES ESTABLISHED PURSUANT TO SECTION
 13.45 OF THIS ARTICLE. SUCH TRAININGS SHALL INCLUDE, BUT NOT BE  LIMITED
 TO:
   (1)  TRAINING  ALL DIRECT SUPPORT PROFESSIONALS (DSPS), EDUCATORS, AND
 CARE STAFF IN COMMUNICATION ACCOMMODATIONS AND ALTERNATIVE COMMUNICATION
 METHODS; AND
   (2) EDUCATING STAFF ON THE REQUIREMENTS IN SECTION 13.45 OF THIS ARTI-
 CLE INCLUDING TO  FACILITATE  AN  INDIVIDUAL'S  PREFERRED  COMMUNICATION
 METHOD UNLESS AN ALTERNATIVE METHOD IS AGREED UPON BY THE INDIVIDUAL AND
 THEIR LEGAL GUARDIAN.
   §  3.  The mental hygiene law is amended by adding a new section 13.47
 to read as follows:
 § 13.47 COMMUNICATION RIGHTS ADVISORY BOARD.
   (A) THERE IS HEREBY ESTABLISHED WITHIN THE  OFFICE  THE  COMMUNICATION
 RIGHTS  ADVISORY  BOARD.  SUCH  BOARD SHALL CONSIST OF EIGHTEEN MEMBERS,
 FIFTEEN OF WHOM SHALL BE APPOINTED AND THREE  OF  WHOM  SHALL  SERVE  EX
 OFFICIO.  OF  THE  APPOINTED  MEMBERS,  THREE  SHALL BE APPOINTED BY THE
 GOVERNOR, THREE SHALL BE APPOINTED BY THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE,  THREE  SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, THREE
 SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE AND THREE  SHALL
 BE  APPOINTED  BY  THE  MINORITY  LEADER  OF  THE ASSEMBLY. OF THE THREE
 MEMBERS APPOINTED BY EACH APPOINTING AUTHORITY, ONE  MEMBER  SHALL  HAVE
 EXPERTISE  OF  WORK  AS A SPEECH-LANGUAGE PATHOLOGIST OR AT A DISABILITY
 RIGHTS ORGANIZATION, ONE MEMBER SHALL  BE  A  FAMILY  ADVOCATE  AND  ONE
 MEMBER  SHALL  BE  A  SELF-ADVOCATE  IN THE COMMUNITY THAT SUCH ADVOCATE
 RESIDES. A REPRESENTATIVE FROM EACH  OF  THE  FOLLOWING  STATE  AGENCIES
 SHALL  SERVE  EX OFFICIO: THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES; THE DEPARTMENT OF EDUCATION; AND THE DEPARTMENT OF HEALTH. THE
 CHAIR OF THE BOARD SHALL BE SELECTED BY THE GOVERNOR.
   (B) MEMBERS OF THE BOARD SHALL SERVE FOR A TERM  OF  THREE  YEARS,  AT
 WHICH  POINT SUCH MEMBERSHIP POSITION SHALL BE SUBJECT TO REAPPOINTMENT.
 VACANCIES ON THE BOARD SHALL  BE  FILLED  IN  THE  SAME  MANNER  AS  THE
 ORIGINAL  APPOINTMENT  ONCE  A MEMBER'S TERM HAS EXPIRED, OR IF A MEMBER
 RESIGNS BEFORE THEIR TERM  HAS  EXPIRED.  MEMBERS  OF  THE  BOARD  SHALL
 RECEIVE  NO COMPENSATION, BUT MAY BE REIMBURSED FOR ACTUAL AND NECESSARY
 EXPENSES INCURRED IN THE PERFORMANCE  OF  THEIR  DUTIES  WITHIN  AMOUNTS
 APPROPRIATED THEREFOR.
   (C) THE BOARD SHALL HAVE THE FOLLOWING TASKS AND DUTIES:
   (1)  CREATE  A  FORMAL  COMPLAINT AND REPORTING SYSTEM FOR INDIVIDUALS
 WITH DISABILITIES AND THEIR FAMILIES TO  REPORT  THE  VIOLATION  OF  ANY
 RIGHT LISTED IN SECTION 13.45 OF THIS ARTICLE;
 A. 7363                             3
 
   (2) IDENTIFY LEGISLATIVE AND REGULATORY ACTIVITY WHICH MAY BE REQUIRED
 TO IMPROVE COMMUNICATION RIGHTS FOR INDIVIDUALS WITH DISABILITIES; AND
   (3)  SUCH OTHER MATTERS AS MAY BE DEEMED APPROPRIATE BY THE MEMBERS OF
 THE BOARD.
   (D) SUCH BOARD SHALL MEET AT LEAST QUARTERLY. SPECIAL MEETINGS MAY  BE
 CALLED  BY  THE  CHAIR.  THE  AGENDA AND MEETING PLACE OF ALL REGULAR OR
 SPECIAL MEETINGS SHALL BE MADE AVAILABLE TO THE  PUBLIC  IN  ADVANCE  OF
 SUCH MEETINGS.
   (E)  THE ADVISORY BOARD SHALL SUBMIT A WRITTEN REPORT TO THE GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY BY
 NO LATER THAN OCTOBER FIRST OF THE YEAR NEXT  SUCCEEDING  THE  EFFECTIVE
 DATE  OF  THIS SECTION AND ANNUALLY THEREAFTER, SETTING FORTH THE RECOM-
 MENDATIONS AND ACTIVITIES OF THE BOARD ON MATTERS WITHIN  THE  SCOPE  OF
 ITS DUTIES AS SET FORTH IN THIS SECTION.
   §  4.  Section  305  of  the  education law is amended by adding a new
 subdivision 63 to read as follows:
   63. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO  ESTAB-
 LISH  UNIFORM  STATEWIDE  PROTOCOLS  FOR  STUDENTS  WITH DISABILITIES TO
 COMMUNICATE IN THEIR PREFERRED MANNER. SUCH PROTOCOLS SHALL INCLUDE  BUT
 NOT  BE  LIMITED  TO:  PROHIBITING  SCHOOLS  FROM RESTRICTING OR DENYING
 ACCESS TO A VALIDATED COMMUNICATION METHOD UNLESS AN ALTERNATIVE  METHOD
 IS  AGREED  UPON  BY  THE  INDIVIDUAL AND THEIR LEGAL GUARDIAN; TRAINING
 STAFF IN  COMMUNICATION  ACCOMMODATIONS  AND  ALTERNATIVE  COMMUNICATION
 METHODS;  REQUIRING  ONGOING  ACCESS TO SPEECH THERAPY AND COMMUNICATION
 SUPPORT WITHOUT ARBITRARY RESTRICTIONS; AND REQUIRING THAT AT LEAST  ONE
 TRAINED STAFF MEMBER IS AVAILABLE IN EVERY SCHOOL TO SUPPORT INDIVIDUALS
 WHO REQUIRE SPECIALIZED COMMUNICATION ASSISTANCE.
   §  5. Section 17 of the social services law is amended by adding a new
 subdivision (m) to read as follows:
   (M) IN CONJUNCTION WITH THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL DISABILITIES, ENSURE THAT  ANY  STATE-FUNDED  PROGRAM  FOR
 PEOPLE  WITH DISABILITIES ALLOWS INDIVIDUALS WITH DISABILITIES TO COMMU-
 NICATE IN THEIR PREFERRED MANNER AND DOES NOT RESTRICT OR DENY ACCESS TO
 A VALIDATED COMMUNICATION METHOD INCLUDING THOSE METHODS LISTED IN PARA-
 GRAPH ONE OF SUBDIVISION (B) OF SECTION 13.45 OF THE MENTAL HYGIENE LAW.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7363--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced  by  M. of A. SANTABARBARA, SHIMSKY -- read once and referred
   to the Committee on People with Disabilities -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the mental hygiene law, in relation  to  protecting  the
   communication rights of individuals with disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 13.45 to read as follows:
 § 13.45 NEW YORK STATE COMMUNICATION BILL OF RIGHTS FOR INDIVIDUALS WITH
           DISABILITIES.
   (A)  EACH  PERSON  WITH  A  DISABILITY HAS THE RIGHT TO COMMUNICATE IN
 THEIR PREFERRED MANNER AND NO STATE AGENCY, SCHOOL, COMMUNITY RESIDENCE,
 OR SERVICE PROVIDER SHALL RESTRICT OR DENY ACCESS TO A VALIDATED  COMMU-
 NICATION  METHOD.    FOR THE PURPOSES OF THIS SECTION, "VALIDATED" SHALL
 MEAN THAT THE COMMUNICATION METHOD USED IS RECOGNIZED AS AN  APPROPRIATE
 TECHNIQUE  THAT IS ACCEPTED BY AUTHORITATIVE PROFESSIONAL ORGANIZATIONS,
 SUCH AS THE  AMERICAN  SPEECH-LANGUAGE-HEARING  ASSOCIATION  (ASHA)  AND
 EMPIRICAL  SUPPORT  DEMONSTRATING THAT THE METHOD RESULTS IN INDEPENDENT
 (NOT FACILITATOR INFLUENCED OR CUED) COMMUNICATION ON THE  PART  OF  THE
 PERSON  COMMUNICATING.  THE  METHODS  DESCRIBED  IN  THIS  SECTION SHALL
 SPECIFICALLY EXCLUDE SCIENTIFICALLY UNPROVEN OR  DISCREDITED  TECHNIQUES
 SUCH  AS  FACILITATED  COMMUNICATION,  AND  ALL  ITS  FORMS,  WHEREBY AN
 EXTERNAL PERSON MAY INFLUENCE THE CONTENT OF COMMUNICATION BY  PHYSICAL,
 AUDITORY,  OR  VISUAL  MEANS  INCLUDING, BUT NOT LIMITED TO, HOLDING THE
 PERSON'S ARM WHILE THEY TYPE OR HOLDING A LETTERBOARD WHILE  THE  PERSON
 POINTS TO LETTERS. INDEPENDENT TYPING OR SPELLING, THAT IS NOT DEPENDENT
 ON  EXTERNAL  CUING OR INFLUENCE, AND REFLECTS THE PERSON'S OWN THOUGHTS
 AND OPINIONS SHALL BE CONSIDERED AN ACCEPTABLE FORM OF COMMUNICATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10990-03-5
 A. 7363--A                          2
              

 
   (B) IN ORDER TO ENSURE THAT EACH PERSON WITH A DISABILITY IS  ABLE  TO
 LEAD  A  LIFE  OF  DIGNITY,  THE COMMISSIONER SHALL INCLUDE IN RULES AND
 REGULATIONS A STATEMENT OF THE RIGHTS OF SUCH PERSONS TO COMMUNICATE  IN
 THEIR  PREFERRED  MANNER  AND THE OBLIGATIONS OF ALL STAFF AND PROVIDERS
 UNDER THIS SECTION, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (1) THE RIGHT TO UTILIZE ANY VALIDATED COMMUNICATION METHOD THAT MEETS
 THE  NEEDS  OF  INDIVIDUALS WITH DISABILITIES, INCLUDING BUT NOT LIMITED
 TO:
   (I) AUGMENTATIVE AND ALTERNATIVE COMMUNICATION  (AAC)  TECHNIQUES  AND
 DEVICES;
   (II)  INDEPENDENT  USE  OF  LETTERBOARDS  AND INDEPENDENT TYPING-BASED
 COMMUNICATION;
   (III) SIGN LANGUAGE AND NON-VERBAL GESTURAL SYSTEMS; AND
   (IV) SPEECH-GENERATING DEVICES OR ANY OTHER VALIDATED ASSISTIVE  TECH-
 NOLOGY;
   (2)  THE  RIGHT  TO HAVE SUCH INDIVIDUAL'S COMMUNICATION METHOD RECOG-
 NIZED AND SUPPORTED IN SCHOOLS, COMMUNITY RESIDENCES, AND PUBLIC  INSTI-
 TUTIONS;
   (3)  THE  RIGHT  TO  SPEECH  THERAPY AND COMMUNICATION SUPPORT BY DULY
 LICENSED PROFESSIONALS WITHOUT ARBITRARY RESTRICTIONS;
   (4) THE RIGHT TO HAVE AT LEAST ONE TRAINED STAFF MEMBER  AVAILABLE  IN
 EVERY FACILITY OR PROGRAM TO SUPPORT INDIVIDUALS WHO REQUIRE SPECIALIZED
 COMMUNICATION ASSISTANCE;
   (5)  THE  RIGHT  TO  RECEIVE  APPROPRIATE  COMMUNICATION SUPPORTS FROM
 TRAINED STAFF, INCLUDING DIRECT SUPPORT PROFESSIONALS (DSPS), EDUCATORS,
 AND HEALTHCARE PROVIDERS; AND
   (6) THE RIGHT TO EXPERIENCE NO RESTRICTIONS OR BANS ON  AN  INDIVIDUAL
 WITH DISABILITIES' VALIDATED COMMUNICATION METHOD.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7363--C
                                                            R. R. 191
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced  by M. of A. SANTABARBARA, SHIMSKY, BURDICK, RAMOS, ZINERMAN,
   DE LOS SANTOS, ANDERSON, R. CARROLL, BUTTENSCHON,  BENEDETTO,  LAVINE,
   WEPRIN,  ZACCARO,  WOERNER,  KASSAY,  LEVENBERG,  KAY, BERGER, STIRPE,
   BRONSON, JONES, TAYLOR,  CONRAD,  McDONALD,  OTIS,  SAYEGH,  WILLIAMS,
   P. CARROLL,  TAPIA, CLARK, SCHIAVONI, EACHUS -- read once and referred
   to the Committee on People with Disabilities -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported and  referred  to  the  Committee  on  Rules  --
   ordered  to  a  third reading -- amended on the special order of third
   reading, ordered reprinted as amended,  retaining  its  place  on  the
   special  order  of  third reading -- again amended on special order of
   third reading, ordered reprinted, retaining its place on  the  special
   order of third reading
 
 AN  ACT  to  amend the mental hygiene law, in relation to protecting the
   communication rights of individuals with disabilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The mental hygiene law is amended by adding a new section
 13.45 to read as follows:
 § 13.45 NEW YORK STATE COMMUNICATION BILL OF RIGHTS FOR INDIVIDUALS WITH
           DISABILITIES.
   IN ORDER TO ENSURE THAT EACH PERSON WITH A DISABILITY IS ABLE TO  LEAD
 A LIFE OF DIGNITY, ALL PERSONS WITH A DISABILITY SHALL HAVE THE RIGHT TO
 COMMUNICATE  IN  THEIR  PREFERRED  MANNER  AND UTILIZE ANY COMMUNICATION
 SUPPORTS THAT MEET THEIR NEEDS, AND ALL STAFF AND PROVIDERS  UNDER  THIS
 SECTION, SHALL ENSURE AND ACKNOWLEDGE SUCH RIGHTS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10990-14-5