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504 plan vs IEP in Virginia

Two different laws, two different plans. Here is how they compare.

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.

IEP504 plan
LawIDEA (34 CFR Part 300) and 8VAC20-81Section 504 (34 CFR Part 104); ADA
Who qualifiesA child in one of the IDEA disability categories who needs special education because of itA student with a physical or mental impairment that substantially limits a major life activity
What it providesSpecially designed instruction, related services, measurable annual goals, accommodationsAccommodations, modifications and services for equal access
Written planRequired IEP document with set contentsUsually a written plan; format set by the division
OversightVDOE and the U.S. Office of Special Education ProgramsU.S. Office for Civil Rights
DisputesMediation, 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

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.

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Tiny Advocate was built by Laura, a Chesapeake, Virginia mom going through the IEP evaluation process with her own daughter. It keeps your child's IEP or 504 papers, meetings, and dates together. Starter is free (1 child, 10 items, 3 documents). Founding families pay $5/month (first 50 families); after that $8/month or $72/year.

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