In a June 6, 2018, communication, TEA clarified to school districts that dyslexic students for whom it is suspected or known that special education services are needed should not be directed to or first served through Section 504. Additionally if a student is receiving Response to Intervention, the student can be referred for special education evaluation at any point; that RTI is not required prior to any referrals for special education services.

TEA provided this clarification in response to a federal investigation which concluded, in part, that TEA had failed to comply with certain requirements in the Individuals with Disabilities Education Act (IDEA). The U.S. Department of Education Office of Special Education Programs specifically noted in its report that some children in Texas who were suspected of having a disability and needing special education and related services under the IDEA were not referred for an evaluation under the IDEA.