sports & autism in school

The United States and the United Kingdom, there are laws that protect the rights of students with disabilities, including those with ASD and ADHD, to receive a proper education and reasonable accommodations to ensure their participation in school activities. Besides that as a law student I can say that I use this source https://papersowl.com/examples/civil-disobedience/ and there are many useful writings here, I suppose here you could find answers to some questions.
Individuals with Disabilities Education Act (IDEA)

Thank you all for your kind and considerate responses

Ian said:

The appeal against a fixed term exclusion is first to the Governing Body, then an appeal to a panel convened by the LEA.

That doesn't stop the tribunal looking at suspensions though. The tribunal of course does expect you to try to resolve things before putting in a case. But if the issue isn't resolved before the time limit for bringing a case is up (usually 6 months) you have to bring a case or loose the chance to do so. Even if you've not exhausted other options.

I’ve not experienced this exactly - although my children definitely struggled with sport in school. Your son is entitled to reasonable adjustments - there’s no question about that. If I were in your shoes I would put all your concerns in writing in an email to the school. It’s always good to put things in writing to make clear what your concerns are and what adjustments you would like to request. Always try to keep the relationship with the school as positive and friendly as you can. Have the approach of ‘how can we work together to help my son to do as much as he can without getting overwhelmed’. Show willingness to listen to the schools suggestions too. Keep things calm and friendly. Often schools can be very defensive in these situations so it’s important you don’t give them any excuse to be unhelpful. 
After long years of dealing with my son in educational settings (both my sons are autistic - I am also autistic - and my youngest also had selective mutism in all educational settings) I’ve learned that keeping a good relationship with the school is essential. Even if at times you might be extremely annoyed with a lack of support etc from the school it’s important to always keep as calm and polite as possible and keep things as friendly as you can. Friendly but firm is the best approach, and make sure you have things in writing. Good luck! 

As I see it, the options are to provide some sort of support during sports, e.g. allowing him "time out " and maybe bringing on a substitute - in school rules regarding number of substitutes allowed etc. can be waived - this is not the FA Cup.  If that does not work out he is entitled to access PE - maybe a personalised plan. Even if it is running round the field or doing some sort of fitness regime.

I hated PE and games. I broke my hip and somehow managed to get my name removed from the PE register, so I went to the library instead. These days there is an expectation the PE should be more inclusive.

More to the point is the statutory guidance on exclusions.  SENDIST can overturn a permanent exclusion (expulsion).  The appeal against a fixed term exclusion is first to the Governing Body, then an appeal to a panel convened by the LEA.  The issue of "violent behaviour" is covered in the latest exclusion guidance.  The latest guidance is here:  assets.publishing.service.gov.uk/.../Suspension_and_permanent_exclusion_guidance_May_2023.pdf

Autism is classed as a disability. Just because it is not a physical disability does not mean that any school can ignore it and remain the right side of the law. Imagine a school attempting to force someone with brittle bone disease or cerebral palsy, for example, to play competitive sport. It would not happen!. If the playing of sport is adversely affecting your son, to the point where he is suffering autistic meltdowns, you have a case that his autism is being exacerbated by the insistence that he plays sport. In which case forcing him to play sport is a form of discrimination on the grounds of disability and the school is acting unlawfully.

I'll start by saying I'm not a lawyer and this is not legal advice ... just information. However the act you want is the equality act 2010. And the relevant areas are section 6 (defines disability), section 15 (defines discrimination arising from a disability), section 20-22 (defines reasonable adjustments), section 26 (defines harassment), sections 84-89 (defines how and where the definitions of discrimination apply to schools). sections 114 & 116 (defines how you bring a case against a school), section 136 (defines the burden of prove you have to meet to win your case), Schedule 1 (makes further rules about what is and isn't considered a disability), schedule 13 (further spells out how reasonable adjustments apply to schools), schedule 17 (further defines which court a case against a school should go to and some rules for that court and bringing the case).

Now lets talk about section 15. In a nutshell section 15 says

IF

• a disabled person B does something because of their disability (like have a melt down) and -
• because of the thing party A (the school) treats them unfavourably (by say suspending them) and -
• party A knew or should reasonably have inferred B was disabled

Then this is a form of discrimination unless A can show

• what they did was a proportionate means of achieving a legitimate aim.

The supreme court laid down a test for what counts as a proportionate means of achieving a legitimate aim in the Akerman case. Broadly there is a 4 part test.

1. the aim must be legitimate. It's got to be something important and necessary to person A and the aim can't be discriminatory in itself.
2. The unfavourable treatment must be reasonably connected to the aim. They have to show that what they are doing is or is likely to further the aim they cite.
3. The action taken must be minimal. If there is a less discriminatory way to meet the aim they could have used instead it will be disproportionate.
4. The benefit must outweigh the detriment (to the disabled person)

The Risby case established that causation in section 15 is 'but for' causation. It doesn't matter if the causation was indirect or there were other factors. If but for B being disabled the key event (eg melt down) wouldn't have happened then that is considered causation.

You should also be aware that there used to be a rule where violent behaviour was excluded from being treated as caused by a disability but for children in education the court has struck this rule down on human rights grounds.

Should you need to bring a case the forms are here the courts rules are here there are a series of videos about the court here. You may also want to read the EHRCs guides to discrimination law in schools and to reasonable adjustments for disabled pupils.

My understanding is that games and PE are part of the National Curriculum, but I am not sure about "inter-school" activities - in my experience being in a school team is a voluntary activity.  Do these activities take place in "school time" (eg PE lessons) or after school?

If he wants to participate in team sports as a voluntary activity, the school needs to offer support. "Suspension as a result of meltdowns"  is problematic. The exclusion guidance is very clear that the school has a duty to take any disability into account and make reasonable accommodations. "Misbehaviour" as the result of a meltdown is different from deliberate bad behaviour.