Virginia 504 Plan for ADHD: Accommodations, Process, and What to Request

Your child has an ADHD diagnosis. Their pediatrician or psychologist says they need academic support. The school is using words like "504 plan" — but you are not sure what that means, what to ask for, or whether it is the right tool for your child's situation.

Here is what Virginia parents need to know about getting an effective 504 plan for a student with ADHD.

Does ADHD Qualify for a 504 in Virginia?

Yes — in most cases. Under Section 504 of the Rehabilitation Act of 1973, a student qualifies if they have a physical or mental impairment that substantially limits one or more major life activities. ADHD, as documented by a licensed clinician, typically qualifies because it substantially limits major life activities including learning, concentrating, reading, and organizing.

Virginia school divisions are required to evaluate students suspected of having a disability that may warrant a 504 Plan. You do not need a formal medical diagnosis to request an evaluation — but a diagnosis from a physician or licensed psychologist significantly supports eligibility.

How to request it: Write a letter to the principal or 504 coordinator stating that you are requesting a 504 evaluation for your child due to a diagnosis of ADHD and asking that the school initiate the evaluation process. Keep a copy.

Common 504 Accommodations for ADHD in Virginia

Unlike an IEP, a 504 Plan does not require measurable annual goals or specially designed instruction. It provides accommodations — changes to the environment and assessment process that allow equal access to the curriculum. For students with ADHD, common Virginia 504 accommodations include:

Classroom environment:

• Preferential seating (near the front, away from distractions, near a positive peer model)
• Reduced visual and auditory distractions
• Flexible seating options (standing desk, wobble chair)
• Breaks as needed — structured movement breaks, brain breaks

Assignments and assessments:

• Extended time on tests and in-class assignments (typically 1.5x or 2x)
• Permission to take tests in a separate, quiet setting
• Assignments broken into smaller chunks with interim due dates
• Reduced homework volume when the educational goal can be demonstrated with less work
• Oral response option when written expression is a barrier

Organization and executive function:

• Daily agenda/planner check-ins with a teacher
• Assignment posted in writing (not just verbal directions)
• Advance notice of tests and major assignments
• Graphic organizers provided before writing tasks
• Digital copies of notes or outlines

Behavioral and emotional supports:

• Check-in/check-out (CICO) system with a trusted adult
• Self-monitoring sheets
• Positive reinforcement plan documented in the 504

Testing accommodations for Virginia SOLs: Virginia's Standards of Learning assessments have their own accommodation protocols. A 504 Plan can specify testing accommodations — extended time, breaks, separate setting — that apply to SOL testing. These must be in place and used during regular classroom testing throughout the year to be valid for state assessments.

When a 504 Isn't Enough: The IEP Threshold

A 504 plan is appropriate when your child can access the general curriculum with accommodations — but does not need the curriculum or instructional approach to be fundamentally changed. When ADHD is severe enough that the student needs specially designed instruction — a different way of teaching reading, math, or writing — an IEP under the Other Health Impairment (OHI) category is appropriate.

Signs that your child may need an IEP rather than a 504:

• Reading fluency, decoding, or comprehension is significantly below grade level
• Written expression is significantly impaired (not just slow, but qualitatively different)
• Math fact fluency or conceptual math is significantly below grade level
• The student is falling further behind despite accommodations
• Related services like occupational therapy, counseling, or social skills instruction are needed

If you are unsure, request a full special education evaluation in writing. The 65-business-day evaluation timeline under 8 VAC 20-81-70 begins when the special education administrator receives your written request.

What to Do If the School Refuses to Evaluate

Refusal to evaluate for a 504 is rarer than IEP refusals, but it happens. If the school declines your request, they must provide written notification of their refusal and the reasons. You can challenge this refusal by filing a complaint with the U.S. Department of Education's Office for Civil Rights (OCR), which enforces Section 504. You can also request mediation or file a complaint with VDOE's ODRAS if the refusal involves a student already enrolled in special education.

Getting the Right Accommodations on Paper

The single most common 504 failure is not a legal problem — it is an implementation problem. Accommodations that are vague, not specific, or not consistently used are useless. Every accommodation on your child's Virginia 504 Plan should specify:

• What the accommodation is
• When it applies (all classes? All assessments? Specific subjects?)
• Who is responsible for implementing it

"Extended time" is not enough. "Extended time of 1.5x on all in-class tests and quizzes in all subjects, administered in the regular classroom unless the student requests a separate quiet setting" is enforceable.

Request an annual review of the 504 Plan to assess whether accommodations are actually working. Bring data — progress reports, teacher feedback, your own observations. If accommodations are not being consistently implemented, document it in writing and address it directly with the 504 coordinator.

The Virginia IEP & 504 Blueprint covers both the 504 and IEP pathways for students with ADHD, including sample evaluation request letters, accommodation checklists, and guidance on moving from a 504 to an IEP when the data supports it.

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