Legal Rights of People With Disabilities

People with disabilities have important rights. They can’t always stand up for themselves, so there are laws to protect them. As a parent, you need to know about these laws and the different ways they protect your child. This includes rights with their education, housing, medical care, jobs, services, and more.

This page has basic facts about these rights and protections. It also has tips on what to do if your child’s rights aren’t being respected. And it links to other places where you can find out more. We hope it can help your child get what they need. We have another page with stories from parents who tried to protect their children’s rights and a blog from a parent, too.

Rights and Protections

There are laws to make sure people with disabilities are protected. In fact, people with physical or intellectual disabilities are a “protected class.” This means that the law protects them from being treated unfairly (i.e., discrimination). Disability laws are complicated and sometimes change. The list below explains some of the most important rights and protections that exist. Disability Rights Texas has more details on these topics. There are links to their pages and handouts in the list.

Children or adults with disabilities have rights with:

• Accessibility. This means that your child can physically get into and around in buildings in the community. Where they live, go to school, shop, and more. It includes the right to bring a service animal with them anywhere they go. It also includes the right to communicate using the right aids and services. At school, doctor’s offices, or other places open to the public.
• Community living choices. Your child has the right to choose to live in the community with support services instead of in an institution.
• Education. Your child has a right to a free public education that meets their needs. That might be special education or accommodations. It also includes the right to accommodations they need in college.
• Employment. Your child has the right not to face discrimination. That means getting “reasonable accommodations” (changes or support) to be able to do a job.
• Health care. Your child’s health and medical information must be kept private. There cannot be discrimination when they are getting health or mental health services, including insurance. They must be treated with respect. And get accommodations if needed. They also have the right for your child or a guardian to say no to medical care or medication they don’t want.
• Housing. They can’t face discrimination when buying or renting a home. If you rent, you can ask for “reasonable accommodations” to make the home a better fit for your child. For example, your child can have a service animal even if there is a no-pets policy.
• Protections when in an institution. This includes the right to be safe and get medical care in an institution. This might be a psychiatric hospital, a jail, or a state-supported living center.
• Transportation. This includes getting transportation that meets your child’s needs. For example, transportation that holds a wheelchair safely. This might be by bus, plane, or taxi.
• Voting. This includes support in getting voting and election information. And support with the voting process.
• Abuse. Your child has the right not to be abused by anyone at any time.

National Laws

If you want to know more, here are some of the main laws behind the rights listed above:

• The Americans with Disabilities Act (ADA) explains how discrimination is illegal in all areas of public life. It covers all types of disabilities, including mental health conditions.
• Individuals and Disabilities Education Act (IDEA) and Section 504 are about your child’s right to a public education.
• Health Insurance Privacy and Accountability Act (HIPAA) protects medical information. There are HIPAA rules about minors (people under age 18) too.
• Family Educational Rights and Privacy Act (FERPA) protects education information.

Many programs, services, and hospitals also have their own lists of rights for the people they serve. You can look for or ask for these when your child has their intake (i.e., first visit) or at any other time. For example, when your child first gets to a hospital or starts services with a state program, you might get this kind of list. Or it might be written on a big poster on the wall. If you don’t see it, you can always ask.

Things to Think About When Sharing Your Child’s Information

Laws like HIPAA and FERPA are there to protect your child’s private medical or education information. There are times when sharing this information can help. If the people working with your child can talk or share files, they might work together better. But there are also times when sharing information might hurt your child or family. People might use it in ways that make you uncomfortable.

To share details about on your child’s diagnosis or treatment, you must sign a release of information. If your child is age 18 or older, they or their legal guardian can sign. If you want a certain program or person to share information, ask them for their form.

The parents and lawyers we talked to said that it’s a good idea to be careful about what you agree to share. It doesn’t have to be everything. If a professional’s questions worry you, ask what they really need to know to help your family. It’s also a good idea to ask who will see what is shared and why. You can always end or tear up the release later. That won’t take back things already shared. But it does mean that new information must be kept private.

Also, you have the right to ask for your child’s files at any time to see what’s in them. Or, if your child is 18 years or older, they or their legal guardian can ask.

What to Do if You Think Your Child’s Rights Are Violated

If you think that someone is violating (not following) your child’s legal rights, don’t be afraid to do something. You can stand up for your child.

To get started, write down what happened. Include as many details as you know. This helps in case you have to work with different people or prove what happened. Also, sometimes fighting for your rights can take a long time. It might be hard to remember all of the details later.

Next, see if you can figure out which of your child’s rights were violated. The lists and laws above might help. If you’re not sure, that’s OK.

Here is a list of different people and programs who might be able to help:

• Disability Rights Texas works to protect the rights of people with disabilities. They have many fact sheets about different rights and ways to solve problems. You can also call their hotline at 1-800-252-9108 or use their online form to ask questions and get help.
• A lawyer who knows about disabilities.
• Staff you trust at community or state programs for people with disabilities. If your child is in a program, staff there might have ideas on what to do next.
• Go up the chain. If your problem is with a certain program or person, you might talk or write to the boss. And then the boss’ boss if you need to.
• Many programs, like Medicaid, have someone called an Ombudsman. That person’s job is to take complaints and try to solve problems. This includes complaints about legal protections. Look in the program office or online for this person’s name and how to reach them.
• You can make an ADA complaint.

Connect with other parents to ask if they had the same sort of problem – and what they did. Our If Your Child’s Rights Are Violated page and blog on disability rights have parent stories that might give you ideas too.

It can make you upset or angry if you think your child isn’t being treated fairly. Or getting what they need.

Sometimes, a simple conversation solves the problem. Other times, you might choose to fight for their rights. And sometimes you’ll decide not to pick a battle, but put your energy somewhere else. It can be hard to know what to do when. You can talk to other parents, listen to your child, and get more information. Remember, there are always things you can try.

There are ways to have your voice heard to help your child – and the next family.