Fahy Introduces Bill to Expand Access to Adaptive Aquatic Safety for Autistic Children and those with Disabilities, Swimming Facilities, and Improve Response
ALBANY, N.Y. – Senator Patricia Fahy (D—Albany) and Assemblymember Charles Fall (D—NYC) announced they are introducing legislation today (S.XXXX/A.XXXX) aimed at expanding access to adaptive aquatic safety and improving access at swimming facilities for autistic children and children living with disabilities, following the tragic drowning death of 7-year-old Harbe Nagi in the Capital Region, who was non-verbal and autistic.
First, this legislation would make swimming lessons specialized for and geared towards children living with disabilities ‘Medicaid-eligible’, allowing Medicaid home and community-based services to cover the cost of the lessons. Access to swimming lessons at a young age has been proven to reduce the risk of drowning for children in the short and long term. For example, a landmark study published in the Archives of Pediatrics & Adolescent Medicine found that formal swimming lessons were associated with an 88% reduction in drowning risk among children ages 1-4.
For children living with disabilities and those who are autistic, drowning is one of the leading causes of death, and an autistic child is 160 times more likely to die from drowning than their pediatric counterparts. However, a study from researchers at The Ohio State University found that individualized aquatic therapy and instruction improved swimming skills and water safety for autistic children, and had social and behavioral benefits.
Secondly, this legislation requires lifeguards in New York State to undergo specialized training as it relates to autistic children and those living with disabilities, who experience unique needs. Ensuring that lifeguards are prepared to recognize autism-related behaviors around water and communicate with nonverbal swimmers will help them respond better to events that involve autistic children and those living with disabilities. Additionally, it allows school districts to incorporate adaptive aquatic safety into individualized education programs (IEPs).
Lastly, this legislation requires programs and facilities that receive NY SWIMS funding to detail how they are making swimming facilities and instructional programs more accessible and inclusive for all abilities, cementing New York’s commitment to breaking down barriers for those who are living with disabilities.





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