Section 504 Plans in Virginia
How does Section 504 work in Virginia?
Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination against individuals with disabilities. In Virginia, a student who has a physical or mental impairment that substantially limits one or more major life activities may be eligible for a 504 plan, even if the student does not qualify for special education under IDEA. A 504 plan provides accommodations, modifications, and services to ensure equal access to education, but it does not provide the individualized specially designed instruction that an IEP does under IDEA. Virginia does not have separate state regulations for 504 plans; school divisions follow federal guidance under 34 CFR Part 104 and enforce compliance through the U.S. Department of Education's Office for Civil Rights (OCR). Key differences between IEPs and 504 plans in Virginia: (1) IEPs are governed by IDEA and 8VAC20-81; 504 plans are governed by the Rehabilitation Act and 34 CFR Part 104; (2) IEP eligibility requires a disability under one of 14 IDEA categories that adversely affects educational performance and necessitates special education; 504 eligibility requires a disability that substantially limits a major life activity (a broader standard); (3) IEPs must be reviewed annually; 504 plans are reviewed periodically, typically every 3 years or upon significant change; (4) Parents are mandated IEP team members with formal consent rights; 504 has no equivalent mandate; (5) IDEA provides more robust procedural safeguards, including formal due process and state complaints, than 504. Students found ineligible for an IEP may still qualify for a 504 plan. Virginia's all-party consent requirement for recording meetings (VA Code § 19.2-62) applies to 504 meetings as well.
What Virginia Requires
A 504 plan is available for students with a physical or mental impairment that substantially limits a major life activity, even if they do not qualify for an IEP (34 CFR Part 104).
504 plans provide accommodations and equal access but do not include individualized specially designed instruction as an IEP does.
Virginia does not have separate state-level 504 regulations; school divisions follow federal Section 504 guidance under 34 CFR Part 104.
Students found ineligible for special education under IDEA may still qualify for a 504 plan.
504 plans lack many of the procedural safeguards available under IDEA, including formal due process hearings and state complaint procedures.
Virginia's all-party consent requirement for recording meetings (VA Code § 19.2-62) applies equally to 504 team meetings.
Key Timelines
504 plans are reviewed periodically, typically every 3 years or when there is a significant change in the student's needs.
There is no specific state timeline for 504 evaluation completion in Virginia; federal law requires evaluation within a reasonable time.
Students transitioning from an IEP to a 504 plan should have the 504 plan in place before IDEA services are discontinued.