Dyslexia in Texas: Why a 504 Plan Isn't Enough

If you are a parent of a dyslexic child in Texas, you have likely heard this script word-for-word. For decades, Texas schools systematically diverted students with dyslexia into Section 504 plans rather than Individualized Education Programs (IEPs).

It sounds nice, doesn't it? "He gets help, but he doesn't have a label."

But here is the problem: A 504 plan is designed for Access. An IEP is designed for Instruction.

If your child cannot read, "access" (audiobooks) isn't enough. They need "instruction" (someone to teach them how to read). Thanks to recent changes in Texas law, you now have the leverage to demand exactly that.

The "Texas Loophole" Has Closed (HB 3928)

For years, Texas was the only state that treated dyslexia as a "504 issue" rather than a "Special Education issue." The federal government finally stepped in, and the Texas Legislature passed House Bill 3928.

This law changed everything for 2024 and beyond. Here is the new reality:

1. Dyslexia Intervention IS Special Education

If your child needs "Standard Protocol Dyslexia Instruction" (programs like Take Flight, MTA, Reading by Design), that is now legally defined as Specially Designed Instruction (SDI). By definition, if your child needs SDI, they qualify for an IEP.

2. The School Can't Force a 504

If the school agrees your child has dyslexia and needs intervention, they must refer them for a Full Individual and Initial Evaluation (FIIE) under IDEA. They cannot simply default to a 504 plan.

504 vs. IEP: Why You Want the "Label"

Parents often fear the Special Education label. But in the world of dyslexia, that label is your child's shield. Here is the difference:

• The Goal: A 504 Plan ensures Equal Access (removing barriers). An IEP ensures Progress (specialized instruction).
• The Help: A 504 Plan provides Accommodations (extra time, text-to-speech). An IEP provides Intervention (a certified Dyslexia Therapist).
• Accountability: A 504 Plan has no required goals. An IEP requires Measurable Goals and progress reports every grading period.
• Your Rights: A 504 Plan offers limited protection. An IEP provides Procedural Safeguards—the legal power to challenge the school if they fail.

The "Accommodations Trap"

Here is why so many 504 plans fail dyslexic students: Accommodations are band-aids.

Giving a child an audiobook allows them to "pass" history class today. It does not teach them to read the history book tomorrow.

Under a 504 plan, the school is only required to ensure your child isn't discriminated against. Under an IEP, the school is federally mandated to ensure your child makes meaningful progress in reading.

"But the School Said He Doesn't Qualify..."

Schools often tell parents: "He is passing his classes, so he doesn't qualify for an IEP".

This is false.

Under the "Twice-Exceptional" (2e) guidance in IDEA, a student can have straight As and still qualify for Special Education if they are using "extraordinary effort" to succeed or if there is a discrepancy between their intelligence and their reading fluency.

How to Move from 504 to IEP

If you are stuck in "504 limbo," you need to formally request a Full Individual and Initial Evaluation (FIIE) for Special Education.

Do not ask for a "meeting." Do not ask for "more help." You must use the specific legal terminology to trigger the timeline.

Related Resources

For more on Texas special education rights:

• Texas IEP Evaluation Timeline - What happens after you request the evaluation.
• How to File a TEA Complaint - Use this if they deny your evaluation request.

Legal Disclaimer: I am a parent with experience in IEP advocacy, not an attorney. This site shares information and personal experience, not legal advice. For legal representation, please consult a special education attorney in your state.