02 — Section 504
Section 504: the broader access standard.
The Rehabilitation Act prohibits disability-based discrimination by recipients of federal funding. Where it overlaps with language access, the duty is to provide effective communication.
In 60 seconds
What 504 requires.
Section 504 prohibits federally funded schools from discriminating against students with disabilities. In language-access terms, that means providing auxiliary aids and services — including qualified sign language interpreters and CART/captioning — for free, in a timely manner, and in a way that protects privacy.
It also reaches families: meaningful access for parents with limited English proficiency to participate in §504 plan meetings and to receive translated notices.
Where 504 reaches further than IDEA
Three places.
- Postsecondary settings. 504 applies to colleges and universities receiving federal funds. IDEA does not.
- Private schools that take federal money. Including many religious and independent schools that participate in federally funded programs.
- Auxiliary aids that go beyond translation. CART, ASL interpreters, screen-reader-accessible documents, Braille — 504's "effective communication" frame is broader than IDEA's native-language frame.
The actual citations
What the regulations say.
34 CFR § 104.4 — Discrimination prohibited
No qualified person with a disability shall, on the basis of disability, be excluded from participation in, denied the benefits of, or subjected to discrimination under any program receiving federal financial assistance. Failure to communicate with a Limited English Proficient parent in their native language about their child's 504 plan can constitute denial of meaningful access — a duty OCR has consistently read into §104.4.
34 CFR § 104.33 — Free appropriate public education (FAPE)
Recipients must provide a free appropriate public education to each qualified person with a disability in their jurisdiction, regardless of the nature or severity of the disability. The OCR has consistently interpreted this to require the language access necessary for parents to participate in the FAPE process.
34 CFR § 104.36 — Procedural safeguards
Recipients must establish and implement procedural safeguards including notice, an opportunity for the parents to examine relevant records, an impartial hearing with opportunity for participation by the person's parents or guardian and representation by counsel, and a review procedure. A notice the parent cannot read does not satisfy the notice requirement.
OCR "Dear Colleague" Letter — January 7, 2015
The joint OCR/DOJ guidance on EL students applies to Section 504 as much as it does to IDEA: districts must provide language assistance to LEP parents in their primary language at no cost, in a manner that ensures meaningful communication about all programs and services — including 504 evaluation, eligibility, and plan content.
ASL and CART
If you need sign language or real-time captioning.
We book ASL interpreters with K-12 educational interpreting experience, and we prioritize practitioners with RID and EIPA certification when scheduling permits. CART services available.