If dyslexia is a disability under the law, why are so many children forced to sit in Multi-Tiered Systems of Support (MTSS) before receiving a comprehensive evaluation for special education? Parents are right to ask this question. Early intervention and access to accommodations change outcomes for students with dyslexia, but MTSS delays those services.
What MTSS Is (and Isn’t)
MTSS is a general education framework designed to provide layered interventions when students struggle. It may offer reading interventions, small group instruction, or progress monitoring.
What it does not provide:
Accommodations like extended time or audiobooks
Assistive technology tools
A comprehensive evaluation for other deficits (writing, speech, language processing, ADHD, autism, etc.)
Legally binding protections under IDEA
Why Schools Use MTSS First
Schools often funnel children with dyslexia into MTSS before evaluating because:
They view MTSS as a “prerequisite” for special education (even though that’s not legally true).
They want to “prove” that interventions don’t work before moving to an IEP.
They are managing limited resources and delaying identification keeps numbers low.
What the Law Says
The U.S. Department of Education has made it clear:
MTSS cannot be used to delay or deny an evaluation.
If a disability is suspected, parents have the right to request an evaluation immediately.
MTSS data can inform an evaluation, but it is not a requirement before one can occur.
Why Early Evaluation Matters for Dyslexia
Early identification allows students to receive accommodations and specialized instruction sooner.
Comprehensive evaluations can uncover comorbidities (like dysgraphia, ADHD, or speech/language disorders).
Delays during the early grades mean lost learning time when the brain is most receptive to reading intervention.
Advocacy Tip for Parents
Put your request for an evaluation in writing. Cite the Individuals with Disabilities Education Act (IDEA) and your child’s right to a Free Appropriate Public Education (FAPE) under 34 C.F.R. § 300.101.
Remind the school that Child Find requires evaluating any student suspected of having a disability without unnecessary delay (34 C.F.R. § 300.111).
Make it clear that participation in MTSS or RTI cannot be used to delay or deny an evaluation, as stated in the OSEP Memorandum 11-07 (January 21, 2011) and reaffirmed in the OSEP Memorandum 16-07 (April 29, 2016) and OSERS “Dear Colleague” Letter (October 23, 2015).
Conclusion
Children with dyslexia do not need to “prove” themselves in MTSS before accessing their full set of supports. The law is on parents’ side: MTSS should never be used as a gatekeeping tool. Request your child's evaluation and put a stop to delaying individual services and accommodations.