The reality of school discipline is more complicated than the law would suggest. To begin with, students with disabilities, as a group, are much more likely to be suspended from school than students without disabilities. A 2018 report, “School Climate and Safety Report” published by the Department of Education’s Office for Civil Rights found that even though only 12% of all students in the U.S. have disabilities, 26% of those subject to out-of-school suspension and 24% of those expelled have disabilities. In other words, students with disabilities are being suspended and expelled at roughly twice the rate of other students. Students of color, especially African Americans, face even higher rates of disciplinary removal from school. Among students with identified disabilities, roughly 9% of whites and Hispanics were suspended in any given year, while 21% of Native Americans and 23% of black students were suspended.
If we look specifically at autistic students, we should remember, first of all, that there are still many autistic students who have not been formally diagnosed. Unless they happen to have another, recognized, disability, they are not protected under IDEA and may be suspended or expelled because of behavior that would be considered a “manifestation” of autism in a diagnosed student. Since girls and minority students are much less likely than white male students to be diagnosed with autism, they are also more likely to lack IDEA protections against excessive suspensions and expulsions.
Relatively little research has focused on children with an actual autism diagnosis, but a 2018 report from the Center for American Progress states that pre-school children diagnosed with autism are ten times more likely to be suspended or expelled than their “typically developing” peers. A 2017 research study analyzes data for older children in the state of Maryland, from 2004 to 2015. The authors found that about 3.3% of both white and African American students with autism were suspended during this period. White autistic students were much more likely that non-disabled white students to be suspended, while autistic African American students were less likely to be suspended than non-disabled African American students.
The fact that both groups of autistic students this study were suspended at the same rate suggests that both groups were treated equally. But bear in mind that African Americans are much less likely than whites to be diagnosed with autism and may instead be diagnosed with intellectual or emotional disabilities. In the same study, 10.5% of African American students with intellectual disability had been suspended at least once, compared to only 7.3% of white students with ID. If we assume that at least some of those diagnosed with ID also have autism, or have been misdiagnosed with ID instead of autism, then it looks like the rate of suspension for African American students with autism probably is higher than it is for whites. The authors provided no data comparing students with autism and students with “emotional disturbance,” but African-American children with autism are very frequently misdiagnosed with ED, and students with ED are the most likely of all disability groups to be suspended or expelled. It seems plausible, then, to assume that African Americans and members of other minority groups with autism are at higher risk of being removed from school than white students with autism.
There is also the question of how often autistic students are suspended. Sometimes schools suspend children “unofficially,” by saying they are having a “bad day” and would be better off at home. They call the parents to pick the child up, but do not register this event as a suspension. This allows the school to get around federal regulations that limit the number of suspensions that can be imposed on students with disabilities. As a result, suspensions from school can occur with stunning frequency. A report on television news in Washington state looked at statewide rates of suspension and expulsion for students with disabilities, with results similar to those described above. The main focus of the report, a young autistic man named Austin, was suspended for more than 100 days during his time in middle school (far, far beyond the 10 days a year allowed under IDEA and federal regulations). Another young autistic man in Washington state was officially suspended for 24 days, and unofficially for 45 days, for a total of 69 days out of the classroom during a single school year. While these are extreme cases, it is not at all unusual for schools to use unofficial removals to evade the limits set on suspensions by law.
Repeated removals from school obviously limit children’s educational opportunities, leading them to fall farther and farther behind other students academically. But beyond that, repeated suspensions and expulsion from school have devastating emotional effects on children. As Austin, the young man mentioned in the last paragraph, put it: “I felt like I was one of the worst kids that ever was because they were just constantly sending me home.”  Disciplinary removal may alienate children from schools which they see as simply not wanting them. And so, children repeatedly suspended and expelled are much more likely to drop out of school altogether. “As a teen, I was expelled from the entire county school system and my parents had to find a private school willing to take me. At sixteen, I dropped out of school altogether,” recalls one autistic adult.
Finally, repeated suspensions and expulsion promote entry into the “school-to-prison pipeline,” especially, but certainly not exclusively, for young African American males. School “resource officers” (i.e., armed police officers) often intervene in disturbances at school, all too often in inappropriate ways. They may end up handcuffing and even bringing to jail autistic students seen as “disruptive”—setting up a vicious cycle in which these students see authorities as the enemy and act out accordingly. In addition, many suspended and expelled students spend their days unsupervised at home or on the streets, where they may engage in a variety of criminal activities, eventually leading to arrest and imprisonment.
As research has repeatedly shown, disciplinary removal from school has no positive impact at all on student behavior. On the contrary, it is more likely to worsen that behavior. As a result, the official policy of many school districts is that suspension and expulsion should only be used when necessary to protect other students and staff, or when guns or drugs are involved. In practice, however, these disciplinary techniques are often used to “punish” students who skip classes, fail to complete their homework, or talk back to their teachers. As we’ll see in the next post, autistic students who receive these punishments often view them as senseless, and even malicious (a way for “mean teachers” to get back at them).
 Office of Civil Rights, Department of Education, “School Climate and Safety,” 2018 report based on the 2015-16 Civil Rights Data Collection: https://www2.ed.gov/about/offices/list/ocr/docs/school-climate-and-safety.pdf. The disparity begins in preschool: Cristina Novoa and Rasheed Malik, “Suspensions Are Not Support: The Disciplining of Preschoolers With Disabilities” (Report from the Center for American Progress, January17, 2018: https://www.americanprogress.org/issues/early-childhood/reports/2018/01/17/445041/suspensions-not-support/. See also [No author], “Washington special needs students disciplined more than twice as often as general education peers,” report on King5 television news: https://www.king5.com/article/news/local/washington-special-needs-students-disciplined-more-than-twice-as-often-as-general-education-peers/281-608161669.
 Nicholas Gage, et al., “National Analysis of the Disciplinary Exclusion of Black Students with and without Disabilities,” Journal of Child and Family Studies 28:7 (2019), 1754-64.
 Office of Special Education and Rehabilitative Services, “Racial and Ethnic Disparities in Special Education: A Multi-Year Disproportionality Analysis by State, Analysis Category, and Race/Ethnicity” (2016), pp. 23-24: https://www2.ed.gov/programs/osepidea/618-data/LEA-racial-ethnic-disparities-tables/index.html.
 Cristina Novoa and Rasheed Malik, “Suspensions Are Not Support: The Disciplining of Preschoolers With Disabilities” (Report from the Center for American Progress, January17, 2018: https://www.americanprogress.org/issues/early-childhood/reports/2018/01/17/445041/suspensions-not-support/.
 M. Krezmien, et al., “Suspension Rates of Students with Autism or Intellectual Disabilities in Maryland from 2004 to 2015,” Journal of Intellectual Disability 61:11 (November, 2017), 1011-1020
 M. Krezmien, et al., “Suspension Rates of Students with Autism or Intellectual Disabilities in Maryland from 2004 to 2015,” Journal of Intellectual Disability 61:11 (November, 2017), 1011-1020.
 Robert Tudisco, “Can the School Give my Child With an IEP ‘Unofficial” Suspensions?’”, on the Understood.org website: https://www.understood.org/en/school-learning/your-childs-rights/basics-about-childs-rights/can-the-school-give-my-child-with-an-iep-unofficial-suspensions; see also Cristina Novoa and Rasheed Malik, “Suspensions Are Not Support: The Disciplining of Preschoolers With Disabilities” (Report from the Center for American Progress, January17, 2018: https://www.americanprogress.org/issues/early-childhood/reports/2018/01/17/445041/suspensions-not-support/.
 Report from the Washington State ACLU, “Pushed out; kicked out: Stories from families with special education students in Washington”: https://www.aclu-wa.org/pages/pushed-out-kicked-out-stories-families-special-education-students-washington.
 [No author], “Washington special needs students disciplined more than twice as often as general education peers,” report on King5 television news: https://www.king5.com/article/news/local/washington-special-needs-students-disciplined-more-than-twice-as-often-as-general-education-peers/281-608161669.
 Amity Noltemeyer, Rose Marie Ward, and Caven Mcloughlin, “Relationship Between School Suspension and Student Outcomes: A Meta-Analysis,” School Psychology Review 44 (2015), 224-40; Susan Faircloth, “Factors Impacting the Graduation and Dropout Rates of American Indian Males with Disabilities,” in Susan Faircloth, Ivory Toldson, and Robert Lucio, eds., Decreasing Dropout Rates for Minority Male Youth with Disabilities from Culturally and Ethnically Diverse Backgrounds (Clemson, SC: National Dropout Prevention Center for Students with Disabilities, 2014), pp. 8-9.
 Max [formerly known as Sparrow Rose] Jones, No You Don’t: Essays from an Unstrange Mind (Self-published, 2013), p. 51
 Abigail Novak, “The association between experiences of exclusionary discipline and justice system contact: A systematic review,” Aggression and Violent Behavior 40 (2018), 73-82; Amity L. Noltemeyer, Rose Marie Ward, and Caven Mcloughlin, “Relationship Between School Suspension and Student Outcomes: A Meta-Analysis,” School Psychology Review 44: 2, (June, 2015): 224-24; A.E. Cuellar and S. Markowitz, “School Suspension and the School-to-Prison Pipeline,” International Review of Law and Economics 43 (2015), 98-106.
 Ambra Green, Deanna Maynard, and Sondra Stegenga, “Common misconceptions of suspension: Ideas and alternatives for school leaders,” Psychology in the Schools 55:4 (April, 2018), 419-28.