Punished for Being Different: The Criminalization of Neurodivergent Students in Schools
Bridgette Hamstead
Across the education system, neurodivergent students—those with autism, ADHD, dyslexia, and other cognitive differences—are disproportionately subjected to harsh disciplinary measures, exclusion, and even criminalization. Rather than being supported in ways that recognize their unique learning styles, communication methods, and sensory needs, neurodivergent students are often treated as disruptive, defiant, or even dangerous. This punitive approach to neurodivergence, rooted in ableism and systemic discrimination, results in life-altering consequences, including loss of educational opportunities, increased involvement in the juvenile justice system, and lasting trauma. If we are to create an education system that truly supports all learners, we must dismantle the structures that criminalize neurodivergent students and replace them with inclusive, affirming alternatives.
The School-to-Prison Pipeline and Neurodivergence
The school-to-prison pipeline refers to policies and practices that push marginalized students—particularly students of color, disabled students, and neurodivergent students—out of schools and into the criminal justice system. Suspensions, expulsions, and referrals to law enforcement disproportionately affect students who struggle with behavioral regulation, executive dysfunction, and sensory processing issues—challenges that are inherent to many neurodivergent experiences.
Zero-tolerance policies, which impose harsh punishments for minor infractions, are particularly harmful to neurodivergent students. Behaviors that may be manifestations of autism or ADHD, such as stimming, difficulty following verbal instructions, impulsivity, or sensory overload responses, are often misinterpreted as intentional defiance or aggression. Instead of being met with support and accommodations, these students are frequently punished with detention, restraint, seclusion, or removal from the classroom altogether.
This criminalization begins early. A neurodivergent child who struggles with emotional regulation may be labeled as a “problem student” rather than a child in need of support. Black and brown neurodivergent students, in particular, are at higher risk of being perceived as threatening, leading to a greater likelihood of police intervention and disproportionate disciplinary action. Instead of receiving appropriate interventions, many of these students are funneled into alternative schools, placed on the path toward juvenile detention, or drop out due to persistent exclusion and trauma.
The Role of Implicit Bias in School Discipline
Implicit bias plays a significant role in how neurodivergent students are treated in schools. Teachers and administrators, often unaware of their own biases, are more likely to interpret the behaviors of white neurodivergent students as needing support, while Black and brown neurodivergent students are more likely to be viewed as defiant, dangerous, or in need of punishment.
For example, a white autistic student who has difficulty making eye contact and struggles with authority figures may be seen as socially awkward but well-meaning. A Black autistic student exhibiting the same behaviors may be perceived as disrespectful, hostile, or a threat. This racial bias compounds existing ableist attitudes, creating a system where students of color with disabilities are disproportionately suspended, expelled, or criminalized.
Neurodivergent girls and nonbinary students also face unique challenges, as their behaviors are often overlooked or misunderstood due to gender stereotypes. Autistic girls who mask their traits may not receive support until they reach a crisis point, at which time they are more likely to be diagnosed with anxiety or mood disorders rather than being recognized as neurodivergent. ADHD girls, whose inattentiveness may not manifest in the same hyperactive way as their male peers, are often labeled as lazy or unmotivated rather than supported in ways that acknowledge their cognitive needs.
The Dangers of Restraint and Seclusion
Many schools still use restraint and seclusion as methods of controlling neurodivergent students, despite the overwhelming evidence that these practices are traumatizing and ineffective. Autistic students, in particular, are more likely to be physically restrained or placed in isolation rooms when they experience meltdowns—a response that exacerbates their distress and often leads to long-term trauma.
Meltdowns, which are not the same as tantrums, occur when an autistic individual is overwhelmed by sensory input, frustration, or emotional overload. Instead of being met with de-escalation strategies, understanding, and sensory-friendly interventions, many neurodivergent students are forcibly restrained, locked in isolation rooms, or even subjected to physical harm by school staff or law enforcement officers.
These violent responses are not only harmful but also completely unnecessary. Alternative approaches, such as trauma-informed education, sensory supports, and de-escalation training, have been shown to be far more effective in helping neurodivergent students self-regulate. Yet, because schools prioritize compliance and control over understanding and inclusion, neurodivergent students continue to experience systemic harm.
Moving Toward Inclusive and Supportive Schools
To dismantle the criminalization of neurodivergent students, schools must undergo structural changes that prioritize inclusion, equity, and restorative practices over punishment. These changes include:
Eliminating Zero-Tolerance Policies – Schools must move away from zero-tolerance discipline policies that disproportionately harm neurodivergent students and replace them with restorative justice models that address conflicts without resorting to punishment.
Training Educators in Neurodiversity-Affirming Practices – All teachers and school staff should receive training on neurodiversity, including how to recognize and support neurodivergent students in ways that are affirming rather than punitive. Understanding the differences between a meltdown and a tantrum, recognizing executive dysfunction, and providing sensory accommodations are critical to preventing unnecessary disciplinary actions.
Ending the Use of Restraint and Seclusion – Restraint and seclusion should be banned as disciplinary measures. Instead, schools should adopt sensory-friendly spaces, quiet areas, and de-escalation techniques that allow neurodivergent students to regulate themselves safely.
Implementing Peer Support and Advocacy Programs – Schools should create neurodivergent-led advocacy groups where students can connect with peers who understand their experiences. Additionally, neurodivergent adults should be included in school policy discussions to ensure that reforms genuinely reflect the needs of neurodivergent students.
Addressing Racial and Gender Bias in Discipline – Schools must actively work to dismantle the racial and gender disparities in school discipline. This includes tracking disciplinary data by race and disability, addressing biases in school policies, and ensuring that Black, brown, and gender-diverse neurodivergent students receive the same level of support as their white, male counterparts.
A Future Where Neurodivergent Students Are Seen, Not Criminalized
Neurodivergent students deserve schools that recognize their value, not systems that punish them for existing differently. The criminalization of neurodivergence in schools is a systemic failure that not only harms individual students but also contributes to broader social inequities, feeding into cycles of incarceration, unemployment, and mental health struggles. To break this cycle, we must reimagine education in ways that prioritize inclusion, respect, and support over discipline and exclusion.
It is time to stop punishing neurodivergent students for being different and start building an education system that truly works for all learners. Only through systemic change can we create schools where neurodivergent students are not just tolerated but truly understood, valued, and empowered to thrive.