New York A 8351: Establishes the right of non-speaking developmentally and otherwise disabled persons to advocate for themselves in educational, medical, legal, and other decisions by using alternative forms of communication

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A08351 Summary:

BILL NOA08351 

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SAME ASNo Same As

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SPONSORSantabarbara

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COSPNSR

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MLTSPNSR

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Amd §§33.02, 80.03, 81.02 & 82.03, add §13.45, Ment Hyg L; amd §§4401 & 4402, Ed L; amd §§1750 & 1750-a, SCPA

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Establishes the right of non-speaking developmentally and otherwise disabled individuals to advocate for themselves in educational, medical, legal, and other decisions by using alternative forms of communication, such as spelling boards, typing-based communication, sign language, and speech-generating devices.

Go to top A08351 Actions:

BILL NOA08351 

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05/13/2025referred to people with disabilities

01/07/2026referred to people with disabilities

Go to topA08351 Committee&nbspVotes:

Go to topA08351 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08351 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8351

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 13, 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 surro-
 gate's court procedure act, in relation to establishing the right of
 non-speaking developmentally and otherwise disabled persons to advo-
 cate for themselves in educational, medical, legal, and other deci-
 sions by using alternative forms of communication

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraphs 12 and 13 of subdivision (a) of section 33.02 of
 2 the mental hygiene law, as amended by chapter 306 of the laws of 1995,
 3 are amended and a new paragraph 14 is added to read as follows:
 4 12. bring any questions or complaints, including complaints regarding
 5 any orders limiting such residents' rights, to the facility director,
 6 the mental hygiene legal service, the board of visitors if applicable,
 7 and the commission on quality of care for the mentally disabled; [and]
 8 13. authorize those family members and other adults who will be given
 9 priority to visit consistent with the patient's ability to receive visi-
 10 tors; and
 11 14. rights enumerated in section 13.45 of this chapter.
 12 § 2. The mental hygiene law is amended by adding a new section 13.45
 13 to read as follows:
 14 § 13.45 Communication rights for individuals with disabilities.
 15 In order to ensure that each person with a disability is able to lead
 16 a life of dignity, the commissioner shall include in rules and regu-
 17 lations a statement of the rights of such persons to communicate in
 18 their preferred manner and the obligations of all staff and providers
 19 under this section, which shall include, but not be limited to:
 20 (a) the right to utilize any validated communication method that meets
 21 the needs of individuals with disabilities, including but not limited
 22 to:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11950-01-5

 A. 8351 2

 1 (1) augmentative and alternative communication (AAC) techniques and
 2 devices;
 3 (2) independent use of spelling board, letterboards, and independent
 4 typing-based communication;
 5 (3) sign language and non-verbal gestural systems; and
 6 (4) speech-generating devices or any other validated assistive tech-
 7 nology;
 8 (b) the right to have such individual's communication method recog-
 9 nized and supported in schools, community residences, and public insti-
 10 tutions;
 11 (c) the right to speech therapy and communication support by duly
 12 licensed professionals without arbitrary restrictions;
 13 (d) the right to have at least one trained staff member available in
 14 every facility or program to support individuals who require specialized
 15 communication assistance;
 16 (e) the right to receive appropriate communication supports from
 17 trained staff, including direct support professionals (DSPs), educators,
 18 and healthcare providers;
 19 (f) the right to experience no restrictions or bans on an individual
 20 with disabilities' validated communication method; and
 21 (g) the right to not have the use of alternative methods of communi-
 22