Illness and Disability - Know Your Rights
Illness and Disability -
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 me
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.
 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 benefit from what each state and local government gives, such as
health care, transportation, recreation (such as public parks), voting, and
education.- 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 not be limiting (meaning you must be
given room to grow). This act also makes public schools write Individualized
Education Programs (IEP’s) for each student.
My rights as a student
You have a right to:
- A free education that meets your needs, whether those needs are special
hearing devices, wheelchair accessible buses, or a certain type of desk.
- Be evaluated (looked at by experts) if you and your parents or guardians
do not think your classes or overall school experience is right for you anymore.
- Be around other kids at school who are not disabled.
- 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 available 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 civil
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.
Return to the Illness and
Disability Main Page
For more information...
4Girls Glossary
Last updated May 2004
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