New York Assembly Bill A08351

New York 2025-2026 Regular Session

• Introduced: 5/13/25
• Refer: 5/13/25

Caption

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.

Impact

Should this bill be enacted, it would significantly influence the rights of individuals with disabilities across various state laws, particularly regarding their ability to communicate. The proposed amendments dictate that communication methods chosen by individuals with disabilities must be recognized and facilitated in schools and other public institutions. This aims to create a more inclusive environment where these individuals can participate actively and meaningfully in decisions that affect their lives.

Summary

Bill A08351 aims to amend the mental hygiene law, education law, and surrogate court procedure act to establish self-advocacy rights for non-speaking developmentally and otherwise disabled persons. It emphasizes the right of these individuals to utilize alternative forms of communication in educational, medical, legal, and other decision-making contexts. The bill seeks to ensure that disabled persons are treated with dignity and have the ability to express their preferences and opinions, thereby promoting autonomy and self-determination.

Contention

There may be considerable discourse surrounding this bill, especially regarding how it affects guardianship and the determination of decision-making capacity. Critics argue that existing frameworks for assessing a person’s capability to make decisions may need to be reevaluated to support the communication rights of individuals using alternative methods. Some lawmakers may express concerns about the implications this bill poses on the traditional understanding of capacity in legal and medical settings, particularly how effectively individuals with communication barriers can advocate for themselves.