Senate Bill S7792B

                                 
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.

                                 
BILL NUMBER: S7792A

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.

                                 
BILL NUMBER: S7792C

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.

* Accountability for violations of communication rights. This bill
ensures that all forms of validated communication are recognized and
supported and creates a system of accountability to prevent discrimi-
nation and neglect.

 
JUSTIFICATION:

Despite existing federal protections under the Americans with Disabili-
ties Act (ADA) and the Individuals with Disabilities Education Act
(IDEA), individuals with disabilities in New York continue to face
significant barriers in accessing effective communication supports.
Communication is a fundamental human right, yet too many non-speakers
and individuals with intellectual and developmental disabilities (IDD)
encounter untrained staff and agency policies that limit or encumber the
use of validated communication methods.

In practice, outdated policies and inconsistent or underfunded speech
therapy services can prevent disability service providers from support-
ing scientifically validated communication methods, including letter
boards, typing, and augmentative and alternative communication (AAC)
devices. As a result, individuals are too often left without access to
critical services, increasing isolation and forcing reliance on family
members for basic communication needs.  Additionally, gaps in training
for direct support staff further exacerbate these challenges.

This bill affirms the right of individuals with disabilities to communi-
cate in their preferred manner and ensures that validated communication
methods are recognized and supported. It also establishes greater
accountability to prevent discrimination and neglect, reinforcing New
York's commitment to dignity, independence, and equal access for all
individuals with disabilities.

 
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.