School Advocacy

“We’ve Made ADHD an Infraction:” An End to Zero-Tolerance Policies in Schools

It’s time to end zero-tolerance policies in schools, which disproportionately harm Black students with ADHD and other disabilities, and place them at increased risk for getting sucked into the school-to-prison pipeline.

By Napoleon B. Higgins, Jr., MD, Updated on May 7, 2025
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Why do Black students with disabilities — who represent 19% of students with disabilities overall — make up nearly 36% of students with disabilities who are suspended from school?1 The answer: zero-tolerance policies.

Black students who have disabilities that affect learning, behavior, and functioning — like ADHD — are more likely to be subject to harsh, punitive measures like suspension, expulsion, and arrest for misbehavior regardless of circumstance. These zero-tolerance policies — against a backdrop of racial bias and increased police presence in schools — create the perfect storm, driving these students directly into the school-to-prison pipeline.

The School-to-Prison Pipeline

Racial attitudes heavily influence how teachers perceive student behavior and, thus, who is subject to disciplinary action. In one study, white teachers with more negative racial attitudes toward Black people gave higher ADHD behavior and likelihood ratings to Black boys than did teachers with less negative racial attitudes.2 In other words, internal bias caused teachers to over-identify behavioral problems in Black children. This is a major issue for clinicians to consider, as teacher observations are often used when evaluating children for ADHD. If teachers’ responses tend to be skewed, then clinicians must dig deeper to ascertain whether ADHD is really there.

Even with a valid diagnosis, the ADHD label isn’t always as protective as it should be for students, in part because teacher training on ADHD and other learning differences is inadequate. These factors explain why Black students with ADHD and other disabilities are disproportionately likely to receive suspensions, expulsions, and other harsh disciplinary measures.

Students who are suspended or expelled typically end up in alternative schools, which often do not have the same academic requirements as traditional schools. Once students return to regular school — sometimes after 30, 90, or more days — they are often unprepared, frustrated, and fall further behind their peers. (Bear in mind that 90 days is essentially half a school year.) Many students who go to alternative schools even begin to adopt penal talk, framing their educational requirements in the form of days they “have to do.” Ultimately, when students are removed from regular schooling, their chances of graduating from high school plummet while their risk for contact with juvenile justice systems and for future incarceration skyrockets.3 4 5

What’s more, the presence of law enforcement in schools only increases the likelihood of school-based arrest over disruptive behavior, even behavior that is non-violent. What more can we expect, when police and school resource officers are not trained in childhood development or mental health? Funding for law enforcement over counselors and other special-education professionals only increases schools’ reliance on police and the criminal justice system over school services.

[Get This Free Download: What Every Teacher Should Know About ADHD]

Protecting Black Students with Disabilities by Dismantling Zero-Tolerance Policies

We’ve made ADHD an infraction in this country. We push neurodivergent students — and Black students with disabilities especially — toward alternative schools, funneling them through the school-to-prison pipeline and setting them up for devastating outcomes. Zero-tolerance policies, which lack due process and remove protections for special-needs students, perpetuate this cycle. They deter investigation into more effective interventions that would address the causes of a student’s behaviors.

The end of zero-tolerance policies is critical. We must replace harsh disciplinary approaches with educational interventions and services that positively impact students. We must end our over-reliance on law enforcement and invest in mental health professionals and counselors who can better help students. While school districts around the country have made positive strides, much remains to be done.

In addition, parents must know their child’s educational rights. Given all of the aforementioned outcomes, is it any wonder that many Black families fear an ADHD diagnosis for their child and run from special-education services? We must do better. Identifying and treating ADHD early will always be a preferable path, and, under the Individuals with Disabilities Education Act, students with ADHD are entitled to special-education services through an individualized education plan (IEP). Other avenues, like 504 Plans, are available. Parents should also seek help from their child’s pediatrician, who can provide letters of support for educational services and other input.

Teachers, counselors, and school staff must be better trained to recognize and manage ADHD and other learning differences in the classroom. Teachers don’t have to wait for IEPs to take the initiative to make ADHD-friendly interventions in the classroom. Cultural awareness and implicit bias training are also critical. School districts should pay close attention to teacher behaviors and student and parent complaints and concerns.

[Read: “How Can I Better Communicate with Students and Families of Color?”]

If there is to be zero tolerance for anything, it should be for teachers and staff who consistently display bias and racism toward our most vulnerable students.

An End to Zero Tolerance Policies in School: Next Steps

The content for this article was derived from the ADDitude ADHD Experts webinar titled, “Health Equity in ADHD: Addressing Racial Disparities in Diagnosis & Treatment” [Video Replay & Podcast #495] with Napoleon B. Higgins, Jr. MD, which was broadcast on March 7, 2024.

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View Article Sources

1 United States Government Accountability Office. (2018). K-12 Education: Discipline Disparities for Black Students, Boys, and Students with Disabilities. https://www.gao.gov/assets/gao-18-258.pdf

2 Kang, S., & Harvey, E. A. (2020). Racial Differences Between Black Parents’ and White Teachers’ Perceptions of Attention-Deficit/Hyperactivity Disorder Behavior. Journal of abnormal child psychology, 48(5), 661–672. https://doi.org/10.1007/s10802-019-00600-y

3 David Osher et al., “Schools Make a Difference: The Overrepresentation of African American Youth in Special Education and the Juvenile Justice System,” RACIAL INEQUITY IN SPECIAL EDUCATION (Daniel J. Losen & Gary Orfield eds., 2002), p. 98.

4 Vanderhaar, J., Munoz, M., Petrosko, J. (2014). Reconsidering the Alternatives: The Relationship Between Suspension, Disciplinary Alternative School Placement, Subsequent Juvenile Detention, and the Salience of Race. Journal of Applied Research on Children: Informing Policy for Children at Risk: Vol. 5: Iss. 2, Article 14. : http://digitalcommons.library.tmc.edu/childrenatrisk/vol5/iss2/14

5 Hemez, P., Brent, J. J., & Mowen, T. J. (2020). Exploring the School-to-Prison Pipeline: How School Suspensions Influence Incarceration During Young Adulthood. Youth violence and juvenile justice, 18(3), 235–255. https://doi.org/10.1177/1541204019880945