Short version: An IEP comes from the IDEA and Virginia's 8VAC20-81 and gives specially designed instruction to an eligible child. A 504 plan comes from Section 504 of the Rehabilitation Act and gives accommodations so a child with a disability has equal access. Virginia's 65-business-day evaluation timeline is for IDEA special education evaluations.
| IEP | 504 plan | |
|---|---|---|
| Law | IDEA (34 CFR Part 300) and 8VAC20-81 | Section 504 (34 CFR Part 104); ADA |
| Who qualifies | A child in one of the IDEA disability categories who needs special education because of it | A student with a physical or mental impairment that substantially limits a major life activity |
| What it provides | Specially designed instruction, related services, measurable annual goals, accommodations | Accommodations, modifications and services for equal access |
| Written plan | Required IEP document with set contents | Usually a written plan; format set by the division |
| Oversight | VDOE and the U.S. Office of Special Education Programs | U.S. Office for Civil Rights |
| Disputes | Mediation, VDOE complaint, due process (8VAC20-81-190 to -210) | Division 504 grievance procedures and hearing; OCR complaint |
Which should I ask for?
If you suspect your child needs specialized teaching, ask for a special education evaluation (sample letter). If the child is found not eligible for an IEP, you can ask the school to consider a 504 plan. Each division has a 504 coordinator; ask your school for their name.
Sources
- U.S. Department of Education OCR: Section 504 FAQ
- 34 CFR Part 104
- 8VAC20-81, Regulations Governing Special Education Programs for Children with Disabilities in Virginia
Tracking a 504 plan? See the 504 plan app.
Questions parents ask
Is a 504 plan the same as an IEP?
No. An IEP is under the IDEA and includes specially designed instruction. A 504 plan is under Section 504 and gives accommodations for equal access.
Can a child who doesn't qualify for an IEP get a 504 plan?
Often, yes, if the child has an impairment that substantially limits a major life activity. Ask the school's 504 coordinator.
Does Virginia's 65-day timeline apply to 504 plans?
The 65-business-day timeline in 8VAC20-81-60 is for special education (IDEA) evaluations. Section 504 rules do not set the same timeline.
More Virginia guides
All Virginia guides · Evaluation timeline · Request letter · 504 vs IEP · Glossary
Not legal advice. This page shares general information about Virginia and federal special education rules as we read them on November 3, 2026. It is not legal advice. Rules change and school divisions vary. For help with your situation, contact PEATC (Virginia's Parent Training and Information Center), the VDOE Parent Ombudsman for Special Education, or a special education attorney or advocate.