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Behaviour is communication

If they say: He keeps disrupting the class and refusing to follow instructions.

Say: When a child resists adult direction, it’s often a sign that something in the environment feels unsafe or overwhelming. Let’s look beneath the behaviour to understand what he’s trying to tell us.

Legal grounding: Duty to accommodate includes modifying environments and approaches to reduce disability-related barriers before resorting to discipline.

This entry is grounded in Kim Block’s broader analysis of human rights jurisprudence and the duty to accommodate, particularly the obligation to understand disability-related needs before responding with discipline. When schools interpret behaviour as oppositional instead of communicative, they risk compounding harm and violating Section 8 of the Human Rights Code.

Key takeaways

Disruptive behaviour may be a distress signal
When a student resists direction, leaves class, or acts out, it often reflects overwhelm, dysregulation, or sensory overload—common features of disability that require support, not punishment.
The duty to accommodate precedes discipline
Schools are required to investigate whether behaviour stems from disability before responding punitively. This includes identifying barriers, adjusting expectations, and modifying environments.
Misinterpreting behaviour can cause discrimination
When neurodivergent behaviour is seen as wilful rather than need-based, schools may inadvertently deny access, isolate the student, or escalate harm—resulting in discriminatory impact, even if well-intentioned.