A 7363: Relates to protecting the communication rights of individuals with disabilities; provides that each person with a disability has the right to communicate in their preferred manner.

  
  STATE OF NEW YORK ________________________________________________________________________ 7363 2025-2026 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. The mental hygiene law is amended by adding a new section 2 13.45 to read as follows: 3 § 13.45 New York state communication bill of rights for individuals with 4 disabilities. 5 (a) Each person with a disability has the right to communicate in 6 their preferred manner and no state agency, school, community residence, 7 or service provider shall restrict or deny access to a validated commu- 8 nication method. 9 (b) In order to ensure that each person with a disability is able to 10 lead a life of dignity, the commissioner shall include in rules and 11 regulations a statement of the rights of such persons to communicate in 12 their preferred manner and the obligations of all staff and providers 13 under this section, which shall include, but not be limited to: 14 (1) the right to utilize any validated communication method that meets 15 the needs of individuals with disabilities, including but not limited 16 to: 17 (i) augmentative and alternative communication (AAC) devices; 18 (ii) letterboards and typing-based communication; 19 (iii) sign language and non-verbal gestural systems; 20 (iv) facilitated and supported communication methods; and 21 (v) speech-generating devices or any other assistive technology; 22 (2) the right to have such individual's communication method recog- 23 nized and supported in schools, community residences, and public insti- 24 tutions; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10990-01-5 
 A. 7363 2 1 (3) the right to speech therapy and communication support without 2 arbitrary restrictions; 3 (4) the right to have at least one trained staff member available in 4 every facility or program to support individuals who require specialized 5 communication assistance; 6 (5) the right to receive appropriate communication supports from 7 trained staff, including direct support professionals (DSPs), educators, 8 and healthcare providers; and 9 (6) the right to experience no restrictions or bans on an individual 10 with disabilities' chosen communication method, except where legitimate 11 medical or safety concerns exist. 12 § 2. Section 13.23 of the mental hygiene law is amended by adding a 13 new subdivision (d) to read as follows: 14 (d) The commissioner shall establish education and training programs 15 to ensure compliance with the New York state communication bill of 16 rights for individuals with disabilities established pursuant to section 17 13.45 of this article. Such trainings shall include, but not be limited 18 to: 19 (1) training all direct support professionals (DSPs), educators, and 20 care staff in communication accommodations and alternative communication 21 methods; and 22 (2) educating staff on the requirements in section 13.45 of this arti- 23 cle including to facilitate an individual's preferred communication 24 method unless an alternative method is agreed upon by the individual and 25 their legal guardian. 26 § 3. The mental hygiene law is amended by adding a new section 13.47 27 to read as follows: 28 § 13.47 Communication rights advisory board. 29 (a) There is hereby established within the office the communication 30 rights advisory board. Such board shall consist of eighteen members, 31 fifteen of whom shall be appointed and three of whom shall serve ex 32 officio. Of the appointed members, three shall be appointed by the 33 governor, three shall be appointed by the temporary president of the 34 senate, three shall be appointed by the speaker of the assembly, three 35 shall be appointed by the minority leader of the senate and three shall 36 be appointed by the minority leader of the assembly. Of the three 37 members appointed by each appointing authority, one member shall have 38 expertise of work as a speech-language pathologist or at a disability 39 rights organization, one member shall be a family advocate and one 40 member shall be a self-advocate in the community that such advocate 41 resides. A representative from each of the following state agencies 42 shall serve ex officio: the office for people with developmental disa- 43 bilities; the department of education; and the department of health. The 44 chair of the board shall be selected by the governor. 45 (b) Members of the board shall serve for a term of three years, at 46 which point such membership position shall be subject to reappointment. 47 Vacancies on the board shall be filled in the same manner as the 48 original appointment once a member's term has expired, or if a member 49 resigns before their term has expired. Members of the board shall 50 receive no compensation, but may be reimbursed for actual and necessary 51 expenses incurred in the performance of their duties within amounts 52 appropriated therefor. 53 (c) The board shall have the following tasks and duties: 54 (1) create a formal complaint and reporting system for individuals 55 with disabilities and their families to report the violation of any 56 right listed in section 13.45 of this article; 
 A. 7363 3 1 (2) identify legislative and regulatory activity which may be required 2 to improve communication rights for individuals with disabilities; and 3 (3) such other matters as may be deemed appropriate by the members of 4 the board. 5 (d) Such board shall meet at least quarterly. Special meetings may be 6 called by the chair. The agenda and meeting place of all regular or 7 special meetings shall be made available to the public in advance of 8 such meetings. 9 (e) The advisory board shall submit a written report to the governor, 10 the temporary president of the senate and the speaker of the assembly by 11 no later than October first of the year next succeeding the effective 12 date of this section and annually thereafter, setting forth the recom- 13 mendations and activities of the board on matters within the scope of 14 its duties as set forth in this section. 15 § 4. Section 305 of the education law is amended by adding a new 16 subdivision 63 to read as follows: 17 63. The commissioner shall promulgate rules and regulations to estab- 18 lish uniform statewide protocols for students with disabilities to 19 communicate in their preferred manner. Such protocols shall include but 20 not be limited to: prohibiting schools from restricting or denying 21 access to a validated communication method unless an alternative method 22 is agreed upon by the individual and their legal guardian; training 23 staff in communication accommodations and alternative communication 24 methods; requiring ongoing access to speech therapy and communication 25 support without arbitrary restrictions; and requiring that at least one 26 trained staff member is available in every school to support individuals 27 who require specialized communication assistance. 28 § 5. Section 17 of the social services law is amended by adding a new 29 subdivision (m) to read as follows: 30 (m) in conjunction with the commissioner of the office for people with 31 developmental disabilities, ensure that any state-funded program for 32 people with disabilities allows individuals with disabilities to commu- 33 nicate in their preferred manner and does not restrict or deny access to 34 a validated communication method including those methods listed in para- 35 graph one of subdivision (b) of section 13.45 of the mental hygiene law. 36 § 6. This act shall take effect on the one hundred eightieth day after 37 it shall have become a law.