New York 2025-2026 Regular Session

New York Assembly Bill A04494

Introduced
2/4/25  
Refer
2/4/25  

Caption

Enacts the "employment first choice act" to ensure that an individual with developmental disabilities in a nonintegrated setting shall have the right to remain in such a setting under certain circumstances.

Summary

Bill A04494, known as the "employment first choice act," aims to amend the mental hygiene law to ensure that individuals with developmental disabilities have the right to choose to remain in nonintegrated settings, such as sheltered workshops, if they so wish. The bill emphasizes the importance of informed choice, allowing individuals to stay in environments that support their personal priorities, including maintaining friendships and community participation. It also outlines the process for individuals to seek accommodations from the commissioner of developmental disabilities to remain in these settings, provided they meet certain criteria, such as undergoing vocational assessments or trial integrated work experiences.

Impact

The bill impacts state laws by reinforcing the rights of individuals with developmental disabilities to choose their living and working environments without being forced into integrated settings. It establishes a formal procedure for requesting accommodations to remain in nonintegrated settings, ensuring that such choices do not affect their eligibility for services under social services law. This legislation aligns with the principles set forth in the Olmstead v. L.C. decision, which recognizes the rights of individuals with disabilities to make choices about their care and living arrangements.

Sentiment

The general sentiment around Bill A04494 appears to be supportive among advocates for individuals with developmental disabilities, as it emphasizes personal choice and autonomy. However, there are concerns among some stakeholders about the potential implications for the push towards integrated employment, with a few dissenting voices in committee discussions expressing worries about the long-term effects of allowing individuals to remain in nonintegrated settings.

Contention

Notable points of contention include the balance between promoting integrated employment opportunities and respecting individual choices to remain in nonintegrated settings. Some advocates argue that the bill may hinder progress towards integration, while others emphasize the necessity of preserving choice for individuals who may thrive in nonintegrated environments. These differing perspectives highlight the ongoing debate about the best approaches to supporting individuals with developmental disabilities in their employment and living situations.

Companion Bills

NY S03472

Same As Enacts the "employment first choice act" to ensure that an individual with developmental disabilities in a nonintegrated setting shall have the right to remain in such a setting under certain circumstances.

Previously Filed As

NY S03480

Enacts the "employment first choice act" to ensure that an individual with developmental disabilities in a nonintegrated setting shall have the right to remain in such a setting under certain circumstances.

NY A03345

Enacts the "employment first choice act" to ensure that an individual with developmental disabilities in a nonintegrated setting shall have the right to remain in such a setting under certain circumstances.

NY S03472

Enacts the "employment first choice act" to ensure that an individual with developmental disabilities in a nonintegrated setting shall have the right to remain in such a setting under certain circumstances.

NY HB2200

Increasing access to data related to the safety and stability of residential settings for individuals with developmental disabilities.

NY H1103

Services for Individuals with Developmental Disabilities

NY S1050

Services for Individuals with Developmental Disabilities

NY HB1103

Services for Individuals with Developmental Disabilities :

NY S2611

Establishes program to incentivize hiring and continued employment of individuals with developmental disabilities.

NY H0533

Communication Rights of Individuals with Disabilities

NY A10195

Enacts the "unique abilities employment act" relating to the employment of persons with developmental disabilities by school districts.

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