As currently written, S7792b reinforces in New York law the right of the disabled to use the communication method that is effective for them, a right guaranteed in the Federal Americans with Disabilities Act.
Fahy has proposed amending her bill so that the Office of People with Developmental Disabilities (OPWDD) and other agencies could veto the communication method chosen by disabled people. The whole point of the bill is to empower people with disabilities, not OPWDD.
Fahy’s amendment completely defeats the purpose of the bill and takes away rights the disabled already have according to federal law!
Fahy is both the author of S7792b, and the Chair of the Senate Disabilities Committee. Amending the bill now would also effectively kill the bill because the current language was passed by the Assembly last June.
We have been working hard since last March to pass this bill. The current version of S7792b has 24 Senate co-sponsors from both major parties and is steadily gaining more.
TAKE ACTION
Please use the panel to the right to send your State Senator a message letting them know that you support the current version of S7792b and oppose any amendment that takes away rights the disabled already have under federal law.
Please call Senator Fahy’s office and politely request that she leave S7792b as it is and pass it through the Disabilities Committee.
Sen. Patricia Fahy
Albany: 518 455-2159
District: 518 842-2159
S7792b would recognize the right of people with communication disabilities to use the communication method of their choice and receive support from 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 assuring these rights are accessible and supported, especially in the settings and by the organizations where so many people with disabilities live or spend much of their time.
New communication techniques and technologies are being developed at a rapid pace. 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.
S7792b 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)
- 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.”
- …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.”
S7792b 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.