NY State Senate Bill 2025-S7792

Current Bill Status - In Senate Committee Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2025	referred to disabilities

2025-S7792 (ACTIVE) - Details

See Assembly Version of this Bill:: A7363
Current Committee:: Senate Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.45, Ment Hyg L L

2025-S7792 (ACTIVE) - Summary

Relates to protecting the communication rights of individuals with disabilities; establishes the New York state communication bill of rights for individuals with disabilities which provides that 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 communication method.

2025-S7792 (ACTIVE) - Sponsor Memo

                                 
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.

2025-S7792 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7792
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 6, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10990-04-5

 S. 7792                             2
 
 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.

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Senate Bill S7792

Sponsored By

Current Bill Status - In Senate Committee Disabilities Committee

2025-S7792 (ACTIVE) - Details

2025-S7792 (ACTIVE) - Summary

2025-S7792 (ACTIVE) - Sponsor Memo

2025-S7792 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7792

Share this bill

Sponsored By

Patricia Fahy

Current Bill Status - In Senate Committee Disabilities Committee

2025-S7792 (ACTIVE) - Details

2025-S7792 (ACTIVE) - Summary

2025-S7792 (ACTIVE) - Sponsor Memo

2025-S7792 (ACTIVE) - Bill Text download pdf

Comments