ALBANY, N.Y. – Senator Patricia Fahy (D—Albany) and Assemblymember Charles Fall (D—NYC) announced they are introducing legislation today (S.XXXX/A.XXXX) aimed at expanding access to adaptive aquatic safety and improving access at swimming facilities for autistic children and children living with disabilities, following the tragic drowning death of 7-year-old Harbe Nagi in the Capital Region, who was non-verbal and autistic.

First, this legislation would make swimming lessons specialized for and geared towards children living with disabilities ‘Medicaid-eligible’, allowing Medicaid home and community-based services to cover the cost of the lessons. Access to swimming lessons at a young age has been proven to reduce the risk of drowning for children in the short and long term. For example, a landmark study published in the Archives of Pediatrics & Adolescent Medicine found that formal swimming lessons were associated with an 88% reduction in drowning risk among children ages 1-4. 

For children living with disabilities and those who are autistic, drowning is one of the leading causes of death, and an autistic child is 160 times more likely to die from drowning than their pediatric counterparts. However, a study from researchers at The Ohio State University found that individualized aquatic therapy and instruction improved swimming skills and water safety for autistic children, and had social and behavioral benefits.

Secondly, this legislation requires lifeguards in New York State to undergo specialized training as it relates to autistic children and those living with disabilities, who experience unique needs. Ensuring that lifeguards are prepared to recognize autism-related behaviors around water and communicate with nonverbal swimmers will help them respond better to events that involve autistic children and those living with disabilities. Additionally, it allows school districts to incorporate adaptive aquatic safety into individualized education programs (IEPs).

Lastly, this legislation requires programs and facilities that receive NY SWIMS funding to detail how they are making swimming facilities and instructional programs more accessible and inclusive for all abilities, cementing New York’s commitment to breaking down barriers for those who are living with disabilities.

“The Capital Region came together to support the Nagi family and remember 7-year-old Harbe Nagi, whose life was tragically cut short, this month,” said Senate bill sponsor, Senator Patricia Fahy (D—Albany). “Sadly, autistic children and those living with disabilities are 160 times more likely to die from drowning than their peers, and this legislation establishes a framework to begin expanding tailored swimming lessons for autistic children and those living with disabilities, improve preventative safety, and establish commonsense safeguards. One drowning death is too many, and no parent should ever have to experience the pain of losing a child. This legislation ensures that we’re taking proactive steps to prevent future tragedies, and honors and memorializes Harbe’s young life, one cut far too short.”

“No family should ever have to bury a child because they didn’t have access to the resources that could have saved their life,” said Assembly bill sponsor, Assemblyman Charles D. Fall. “Harbe’s tragic passing must be a turning point. Every child, regardless of ability, deserves the opportunity to learn lifesaving water safety skills, and every family deserves to know we’ve done everything possible to protect them. I’m proud to support this legislation because one child’s life is one too many to lose.”

“The Albany Muslim Advocacy Coalition welcomes this much needed legislation surrounding Adaptive Aquatic Safety,” said Mehak Jamil, Co-Founder of the Albany Muslim Advocacy Coalition. “As our community mourns the loss of Harbe, we applaud Senator Fahy for responding to this tragedy with meaningful legislation that protects our most vulnerable community members. Swim safety is a critical life skill and we are looking forward to seeing this resource be expanded to a wider population.”

“Any legislation that brings attention to or provides funding for advancing the swimming capabilities of those with disabilities is welcome,” said Jackie Ceonzo, Executive Director and Founder of snack*. “We thank Senator Fahy for her efforts—this is a matter of life or death.”

SNACK*’s Swim program provides participants with 1:1 private lessons in a fun, social environment, where they learn proper swim techniques and spend time connecting with peers.

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