A year ago, the New York State Assembly passed Assembly Bill A7363c, People with Disabilities Committee Chair Angelo Santabarbara’s bill that made a clear and unambiguous statement that people with disabilities have the right to use the alternative communication technique of their choice. It passed 133 to 0.
The bill restates rights already supported by the federal Americans with Disabilities Act, and New York Mental Hygiene Law and Regulations, but the bill is needed because many service providers refuse to allow the use of letter boards and other communication methods used by people with autism and other disabilities, and the NY Office of People with Development Disabilities is not protecting their rights.
Bills approved by the Assembly must be voted on every year until they are either passed or withdrawn. A7363c is scheduled for a vote this Wednesday, April 29.
Even though the companion bill in the State Senate, S7792b, was sponsored by Senator Patricia Fahy, the Chair of the Disabilities Committee, the bill stalled in that house and did not move forward.
We have learned that Sen. Fahy is actively lobbying the Assembly to reject the re-approval of A73763c! A bill she had co-authored with her counterpart in the Assembly! This is extraordinary!
Several weeks ago, Fahy amended the bill to the current AS7782c. Fahy’s amendment changes the meaning of the bill 180 degrees. Instead of protecting the rights of people with disabilities to use the communication method of their choice, Fahy’s amendment gives control to the Office of People with Developmental Disabilities (OPWDD) and service providers.
TAKE ACTION
Use the panel to the right to send a message to your Assemblymember asking him or her to vote again for A7363c.
Call Speaker of the Assembly Carl Heastie’s office and ask him to support passage of A7363c
(518) 455-3791
Call Senator Patricia Fahy’s office and ask her to stop lobbying against A7363c
(518) 455-2225
Call your own Assemblymember and ask him or her to vote for A7363c when it comes up for re-authorization. Contact information should appear below.
The Americans with Disabilities Act protects disabled peoples’ right to use their communication method of their choice
We have argued since the beginning that the right of people with disabilities to use the communication method of their choice is already guaranteed by the Americans with Disabilities Act but OPWDD chooses not to respect these rights.
Title 28, Chapter I, Part 35, Subpart E, § 35.160 (B) provides.
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.”
A7263c restates rights already in NY Mental Hygiene Law and OPWDD Regulations
Mental Hygiene Law Section 13.09 (e) requires the commissioner to accommodate the communications preferences of “non-English speaking” individuals seeking or receiving OPWDD services.
(e) The commissioner shall promulgate rules and regulations to address the communications needs of non-English speaking individuals seeking or receiving services in facilities operated or licensed by the office in order to facilitate their access to services. Such rules and regulations shall include, but not be limited to, reasonable means to accommodate the language capabilities and preferences of non-English speaking individuals in such facilities where a significant number of non-English speaking individuals seek or receive services
OPWDD regulations include non-speakers in “non-English speaking” and require OPWDD to facilitate their access to services:
(15) Meeting the communication needs of non-English speaking persons seeking or receiving services.
(i) …. For the purposes of this paragraph, non- English speaking refers to persons who do not speak English well enough to be reasonably understood, persons who are deaf or hard-of-hearing, and persons without speech capacity who use alternative means of communication.
(a) No facility shall deny care and treatment to, or otherwise discriminate against, persons who are non-English speaking.
(b) Each facility shall facilitate access to services by persons who are non-English speaking when such persons seek, or are referred for services, and when such persons are in actual receipt of services.