At the end of the last legislative session, we passed a bill (A7363c) in the Assembly, the People with Disabilities Bill of Rights. And we did it with incredible speed, less than 8 weeks. 

Now we need to pass the identical S7792b in the State Senate. 

This bill allows people with disabilities to choose the communication method of their choice and receive support from schools, agencies, group homes, etc. 

This right is already included in federal law under the American with Disabilities Act. Protecting these rights under state law is crucial to ensure these rights are protected and supported, especially in the settings and by the organizations where so many people with disabilities live or spend most of their time. 

New techniques and technologies to communicate are being developed at a rapid pace. Technology is making great strides and new tools and methods are allowing people previously cut-off from meaningful interaction to communicate, which for many gives them control and agency in their lives for the first time.  Choosing which technique to use should be made by the affected person, not bureaucracies, trade organizations, or politicians. 

The bill was introduced by Assemblymember Angelo Santabarbara, the Chair of the People with Disabilities Committee and the father of an adult non-speaking son with autism. The bill was also introduced in the Senate by State Senator Patricia Fahy, Chair of the Senate Disabilities Committee. 

S7792a is simple. Here it is:

“In order to ensure that each person with a disability is able to lead a life of dignity, all persons with a disability shall have the right to communicate in their preferred manner and utilize any communication supports that meet their needs, and all staff and providers under this section, shall ensure and acknowledge such rights.”

S7792b restates the rights of people with disabilities to choose their preferred mode of communication already protected by federal law. 

Title 28, Chapter I, Part 35, Subpart E, § 35.160. (B) 

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.”

2) 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.

A7363b/S7792a will ensure that the rights of people with disabilities have under federal law to communicate according to their preference, is also reflected in New York State law.

See the bill here: https://nyassembly.gov/leg/?default_fld=%0D%0A&leg_video=&bn=A7363&term=&Summary=Y&Memo=Y

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 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 S7792a

Please call your own State Senator. You can look up his or her name and contact information 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 S7792b passed in its current form.

You want your State Senator 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 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. 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.

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