Section 504 Plans in West Virginia
How does Section 504 work in West Virginia?
Section 504 of the Rehabilitation Act of 1973 applies to all West Virginia public schools that receive federal financial assistance. A student who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment may be entitled to accommodations and related services under Section 504, even if the student does not qualify for special education under IDEA. West Virginia school districts implement Section 504 through locally developed policies and procedures; the WVDE provides guidance but does not promulgate separate state rules for Section 504. Students who are found ineligible for IDEA services should be evaluated for possible Section 504 eligibility. Section 504 plans provide accommodations and services but do not carry the same procedural requirements as IEPs; however, students and parents retain anti-discrimination and due process rights. OCR at the U.S. Department of Education enforces Section 504 compliance in West Virginia schools. ADHD and other health conditions that do not rise to the level of IDEA eligibility often qualify students for Section 504 accommodations.
What West Virginia Requires
Any student with a physical or mental impairment substantially limiting a major life activity is entitled to Section 504 services, even if not eligible for IDEA special education (29 U.S.C. § 794; 34 CFR Part 104).
West Virginia LEAs must implement Section 504 under locally developed policies consistent with federal law; the WVDE provides guidance on compliance.
Students denied IDEA eligibility should be evaluated for Section 504 eligibility; a student may qualify for one but not the other.
Section 504 plans do not carry the full procedural requirements of IEPs but parents retain rights to notice, participation, and appeals under 34 CFR Part 104.
ADHD, anxiety, chronic health conditions, and other impairments that do not meet IDEA eligibility criteria may qualify students for Section 504 accommodations.
OCR at the U.S. Department of Education enforces Section 504; parents may file an OCR complaint within 180 days of the alleged discriminatory act (34 CFR 104.61; 34 CFR 100.7).
Key Timelines
Section 504 complaint to OCR must be filed within 180 days of the alleged discrimination (34 CFR 104.61; 34 CFR 100.7(b)).
Section 504 plans, like IEPs, should be reviewed at least annually or when student needs change (34 CFR 104.33).