Know Your Rights: Youth with Disabilities

Youth with disabilities sometimes encounter situations where people don’t give them the equitable access or respect they deserve. Understanding your rights can help you get the services, accommodations, and protections that are guaranteed to you.

This information is also available for download in the Know Your Rights Toolkit for Youth Experiencing Homelessness, pages 27-32.

Youth with disabilities are young people who have physical, mental, or developmental differences that might affect how they learn, move, communicate, or take part in daily activities.

The Americans with Disabilities Act (ADA) is a federal law that makes sure people with disabilities have the same opportunities and access as everyone else, and that they are free from discrimination because of their disability. The ADA applies to many parts of daily life, including schools, jobs, transportation, government services, and public places like stores and restaurants. It requires organizations and businesses to provide reasonable accommodations and remove barriers whenever possible so people with disabilities can fully participate in their communities.

• The right to be protected from discrimination in employment and hiring.
• The right to be treated equally and have the same opportunities to participate in community life as others.
• The right to have equal access to public places like restaurants, stores, hotels, and parks.
• The right to accessible public transportation options.
• The right to receive reasonable accommodations at work or school if needed.
• The right to fully access government programs, services, and buildings.
• The right to receive help with communication, like interpreters, captions, or accessible documents.

• The right to equal access to shelters and housing services with reasonable accommodations if needed (like ramps, interpreters, etc.).
• The right to live in a safe, healthy home and be provided with basic needs (meals, clothing, and medical care).
• The right to be free from physical abuse, sexual abuse, or neglect of your basic needs.
• The right to be free from discrimination on the basis of race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or HIV status.

You must have equal access to shelter, transitional housing, and permanent housing programs, meaning you should not be turned away because of your disability. Programs must provide you with reasonable accommodations. For example, if you use a wheelchair, they must ensure the building is accessible with things like ramps or wide entryways. If you have a service animal, programs must allow them access, even if they have a no pets policy.

• The right to be free from discrimination on the basis of race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or HIV status.
• The right to receive reasonable accommodations to allow you to receive fully integrated, high-quality health care.
• The right to receive medical, mental health, vision and dental services (sometimes without parental consent).
• The right to have your privacy protected by prohibiting the release of your health information or medical records.
• The right to refuse medications or chemical substances not authorized by a doctor.

Similarly to your rights under shelter and housing, you are protected from being turned away from receiving care because of your disability. You are also protected from receiving low-quality health care because of your disability. Programs must provide you with any reasonable accommodations that are necessary to you receiving equitable care.

In some states, minors need parent or guardian consent to receive health care services. Look here to see what the laws are in your state.

• The right to a free, appropriate public K-12 education under the federal Individuals with Disabilities Education Act (IDEA).
• The right to be free from discrimination on the basis of race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or HIV status.
• The right to enroll in public K-12 school if you’re experiencing homelessness. The school can’t deny you enrollment, even if you don’t have a parent or guardian to help you. Every public K-12 school district has a homeless liaison to help you.
• The right to be provided with transportation, free meals, and other support you might need to stay in school, like supplies or tutoring.
• The right to participate in school activities, extracurriculars, and social activities. You can ask your school to waive any fees that might come with these.

If you are a K-12 student experiencing homelessness, there is a federal law that protects your right to stay in your public school of choice. Your school has a staff member called a homeless liaison who can help you stay in school, get transportation to and from school, and other needed services.

As a K-12 student with disabilities, you have additional rights under IDEA. IDEA ensures that you have a free, appropriate public K-12 education, and any special education or additional educational services you may need must be provided at no cost.

• The right to be free from discrimination on the basis of race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or HIV status.
• The right to be free from discrimination on the basis of disability.
• The right to receive reasonable accommodations that allow you to do your job.

As long as you can perform the essential duties of a job with or without reasonable accommodations, then an employer can’t fire you, pay you less, not hire you, or otherwise treat you differently solely based on your disability. The ADA also requires most employers to provide reasonable accommodations to help you do your job, including flexible schedules, accessible workspaces, assistive technology, or remote work options.

• Housing​​​​ Report to the Department of Housing and Urban Development no later than one year of the incident.
• Health Care​​​ Report to the Department of Health and Human Services within 180 days of the incident.
• School​​ Report to the Department of Education’s Office for Civil Rights within 180 days of the incident.
• Employment​ Report to the Equal Employment Opportunity Commission within 180 days of the incident. Some types of cases, like age discrimination, give you 300 days to report.

For general complaints, report ADA complaints to the Department of Justice’s Civil Rights Division within 180 days of the incident.