The Department of Education found that state and district officials actively subverted federal special education law for students with disabilities by creating incentives for districts to deny services. Between 2004 and 2016, Texas public schools added more than a million students, but the total number of students receiving special-needs services actually dropped during this period.
A 2004 Texas Education Agency Policy led schools to illegally delay or deny special education services to students statewide. The TEA created a de-facto cap on the percentage of students who could receive special education services of 8.5 percent. The agency subjected districts that went above this cap with bureaucratic harassment and penalties. This cap subverted federal civil rights statutes for students with disabilities that create the duty for public schools to identify and serve all students with disabilities.