On December 30th, 2021, the office of New York Governor Kathy Hochul announced an increase of 15% in funding for approved private schools serving children with disabilities, a total of $240 million in additional funding. The announcement comes as part of the Governor’s approved Executive Budget for 2022-2023. In the same budget announcement, the empire state governor also signed a package of legislation meant to provide more support and resources for all children with disabilities.
What's in it?
As per the new legislation, the additional $240 million will be a product of an increased cost-of-living adjustment in funding, creating increased annual funding for providers of special education for both preschool and school-aged children.
The added $240 million is the cherry on top of a package of legislation signed by the Governor aimed at giving more support to students with disabilities and their families across the state. This new package of legislation recently codified by the governor includes guidance on the following:
- Requirements for an impartial hearing officer to be appointed to address due process complaints from students with disabilities.
- Requirements to make the licensing of behavioral analysts a process more rigorous in a manner more consistent with licensing processes in other states.
- Increased funding in education for staff to assist in early intervention and treatment for toddlers with disabilities.
One of the most ambitious parts of the new legislative package introduces a requirement for the Autism Spectrum Disorders Advisory Board to begin work on a report regarding autism detection, education, and mapping that will evaluate and review possible causes of autism in children as well as assist healthcare providers and educators with ways to better help children diagnosed with autism.
Governor Hochul indicated in a statement about the new legislation that she hopes these new measures will make a substantial difference in the lives of disabled students, their families, and the educators who work with them. In the statement, Hochul promised to keep lines of communication open, saying:
Throughout my time in office, I've made it a priority to listen to the disability community and provide the resources and support they need to thrive. People with disabilities have my commitment: as your governor, I'll always stand by your side and fight for you.
Fred’s Law
The new package and additional funding come on the heels of another law recently signed by Hochul meant to address the needs and concerns of people with disabilities. On December 21st, 2021, the governor signed “Fred’s Law” which overrides hospital protocol when it comes to a patient’s right to a support person. Under Fred’s Law, a person with disabilities must be allowed a support person to be present for their entire hospitalization, even during health crises like the Covid-19 pandemic.
Recognizing the fact that people with disabilities are often unable to describe medical problems and medical history to doctors themselves, state lawmakers introduced this bill to ensure that even when hospital protocols would typically block visitors, as in the case of the Covid-19 pandemic, people with disabilities would still have the right to an essential support person being present.
Fred’s Law is so-called after a disabled Queens man named Fred D’Amico who faced just this situation. After being hospitalized with Covid-19 in March of 2020, his family were denied access to him in the hospital as per hospital Covid restrictions at the time, despite the fact that his family also served as his service and support. After Fred passed away alone in the hospital with no service or support person present, his family made it their mission to prevent this tragic outcome from happening to other disabled people and their families.
The passage of Fred’s Law would seem to indicate that Governor Hochul’s proclamation of having an open-door policy regarding issues affecting people with disabilities is sincere. A family made its case to the legislature and the governor, and they were heard. This sort of open communication between policymakers and people with disabilities is empowering for those people, giving them a voice in the matters that affect their daily lives. Ideally, Governor Hochul will follow through on her promise to listen to people with disabilities about their needs, and perhaps other state executives will follow her example.
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