There is an important bill in Albany right now for people with autism and other communication disabilities that we need to support.  A7363b (Santabarbara) in the Assembly and the identical S7792a (Fahy) in the State Senate would recognize the right of people with communication disabilities to use the communication method of their choice and receive support from schools, OPWDD, group homes, etc. This right is already included in federal law under the Americans with Disabilities Act. Protecting these rights under state law is crucial to ensuring these rights are protected and enforced. 

New techniques and technologies to communicate are being used and developed. Choosing which technique to use should be made by the affected person, not  bureaucracies, trade organizations, or politicians. See the bill here: https://nyassembly.gov/leg/?default_fld=%0D%0A&leg_video=&bn=A7363&term=&Summary=Y&Memo=Y

A7363b passed through committee and is on the floor of the Assembly, but was put on hold by Speaker Carl Heastie. 

We need to get the Speaker to move the bill.

Here’s what you can do to support the bill:

• Use the panel to the right to send messages to your State Senator and Assemblymember asking them to co-sponsor A7363b/A7792a
• Call the offices below
• Write a letter and mail it
• Fax your letter if you have a fax machine
• Share this information with friends and family
• Post this information on social media

Make sure you contact 

• Speaker Carl Heastie
• Senate Majority Leader Andrea Stewart Cousins 
• Your State Senator
• Your Assemblymember

The most important person to contact now is Assemblymember Carl Heastie, Speaker of the Assembly. He is the boss and can decide if our bill goes forward.

Speaker of the Assembly Carl Heastie

Legislative Office Building 932
Albany, NY 12248

(518) 455-3791

District office: (718) 654-6539
Fax: (518) 455-5459

Email Address: Speaker@nyassembly.gov

Senate Majority Leader Sen. Andrea Stewart Cousins

Legislative Office Building, Room 907

Albany,  NY 12247

Phone: (518) 455-2585

Phone: (518) 455-2715

Fax: (518) 426-6811

Email Address: scousins@nysenate.gov

Please call and contact your own Assemblymember and State Senator.

You can look up the names and contact information of your current Assemblymember here.

https://nyassembly.gov/mem/search/

And State Senator here:

https://www.nysenate.gov/registration/nojs/form/start/find-my-senator

Talking Points

Call the offices and ask if you can speak to the legislator, or the person responsible for disability issues. Be polite.

• Let them know you want A7673b/S7792A passed in its current form.

• You want your State Senator and Assemblymember to Co-sponsor the bill. That means they put their name on the bill to show they want it passed.

• Ask if your State Senator and Assemblymember have co-sponsored. If so, thank them and get off the phone. 

• Tell them that you believe disabled individuals should have the right to choose their own method of communication, which is already required by federal law (see below.) Technology is rapidly improving, and new effective methods are being used. People should have the right under New York law to choose what works for them. 

• If you or a loved one uses an alternative form of communication, let the person know how important that is, and how it makes a difference in your life or the affected person’s life.

• Let them know that no bureaucracy, private organization or elected officials should be able to decide what communication techniques disabled people use. That should be decided by each individual for themselves. 

• Let them know you will be watching the progress of this bill.

Relevant federal law:

1. FR § 35.160 – General

1. General

       A public entity shall take appropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others.

(b) Auxiliary aids and services

1. A public entity shall furnish appropriate auxiliary aids and services where necessary to afford individuals with disabilities, including applicants, participants, companions, and members of the public, an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity of a public entity.

1. The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place. In determining what types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the requests of individuals with disabilities. In order to be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.

28 CFR § 36.303 - Auxiliary aids and services

Effective communication

(1) A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities. This includes an obligation to provide effective communication to companions who are individuals with disabilities.

Stay tuned. We expect this will be a battle and we will have to engage repeatedly until the session ends in mid-June.