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Know your rights

Discrimination: (dis·crim·i·na·tion) The treatment of people in an unfair or unequal way based on things such as race, health, disability or religion, instead of their value as a person.

If you are ever feeling alone, it might help to know that there are more than 5.5 million kids who have disabilities in the U.S. While there are many different types of disabilities included in this large number of people, there is one thing that is the same for everyone: The right to be protected from discrimination. 

There are very important laws in the U.S. that protect people with illnesses and disabilities from being discriminated against. Some examples of disabilities and illnesses that are protected from discrimination include: AIDS, cancer, cerebral palsy, and mental illness.

The laws that protect you

While there may seem to be so many laws to keep track of, there are two very important ones to understand. The two laws, which are also called "acts," are described below.

1. The Americans with Disabilities Act – This law does not allow discrimination (see definition above) against people with disabilities in all services, programs, and activities offered by state and local governments. This law means that everyone has an equal chance to use what each state and local government offers, such as health care, transportation, public parks, voting, and schools.
2. Individuals with Disabilities Education Act – This law makes public schools give all students with disabilities a free public education that is right for them. The education must meet the different needs of each student with a disability, and it must change and grow as the student does. This act also makes public schools write Individualized Education Programs (IEP’s) for each student. 
   

Your rights as a student

You have a right to:

1. A free education that meets your needs, whether those needs are special hearing tools or a certain type of desk.
2. Be checked out by experts if you and your parents/guardians do not think your classes are right for you anymore.
3. Be around other kids at school who are not disabled.
4. Take part in the planning of your Individualized Education Program or IEP, along with your teachers and parents/guardians.

Getting help paying for health care

When you are under 18

• Social Security benefits (also called Supplemental Security Income) are for disabled children under 18 whose families need some extra help. 
• In most states, children who get Social Security benefits are also able to apply for Medicaid, which is a program for people who need help paying for health care. Some children can get Medicaid help even if they are not able to get Social Security. 
• Your local Social Security office can help you learn what you can apply for and how. You and your parents/guardians can find more information and an office near you on the Social Security Administration's web site for kids.

When you are over 18

• If your family did not need Social Security benefits before, you may be able to get them on your own after turning 18, even if you live with your parents.
• You are able to apply for Medicaid, a program for people who need help paying for health care, if you are disabled.
  

Helpful Tools:

• Learn from young people like you. Kids as Self Advocates is a group of young leaders who speak out on disability issues all over the country. Visit them on-line to read what they have to say about your rights.
  
• Are you interested in a history lesson like no other? Visit the Smithsonian museum on-line for a virtual (in cyberspace) exhibit of the disability rights movement.

Content last updated June 2, 2007

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