Court Overturns Expulsion of 8-Year-Old Student with Autism in Puerto Montt: Declares it «Illegal» and «Arbitrary»

Original article: Corte anula expulsión de alumno TEA en colegio de Puerto Montt: Fue «ilegal» y «arbitraria»

In a landmark ruling for the educational rights of neurodivergent children in Chile, the Court of Appeals in Puerto Montt declared the expulsion of an 8-year-old boy diagnosed with Level 1 Autism Spectrum Disorder (ASD) and Sensory Processing Disorder by Colegio San Francisco Javier to be illegal and arbitrary.

The appellate court ordered the cancellation of the expulsion and mandated the child’s reintegration into the school for the 2026 academic year, thereby restoring his right to education.

The unanimous decision is unequivocal in its assessment of the school’s actions, indicating that it systematically violated the constitutional and legal rights of the student by failing to implement the necessary supports and adjustments required by Law No. 21.545 (TEA Law) and current educational regulations.

According to the ruling, Colegio San Francisco Javier, part of the Society of Jesus located in the Los Lagos region, «would have engaged in illegal and arbitrary acts and omissions by adopting a series of disciplinary measures and school conduct decisions during the 2024 and 2025 school years, against the child, who presents a diagnosis of Autism Spectrum Disorder (Level 1) and Sensory Processing Disorder, conditions which were properly communicated and documented to the institution.»

Additionally, the court stated that, «despite the continuous cooperation of the family and the submission of clinical background, the school would have favored a punitive approach, sanctioning behaviors related to his condition without reasonable adjustments or sufficient preventive measures.»

Systematic Violation

The ruling elucidates that the expulsion stemmed from episodes of emotional dysregulation exhibited by the student. However, the penalty lacked any legal or pedagogical foundation. According to the court, the school applied a standard disciplinary regime intended for neurotypical students to a child with specific support needs, without making necessary modifications.

«The contested cancellation of enrollment is illegal, as it directly contravenes the legal framework of school coexistence and quality assurance, particularly regarding the obligation to guarantee a fair process… and to have—and apply—the specific instruments required to address students diagnosed with Autism Spectrum Disorder,» the ruling stated.

The Court confirmed that, «despite the continuous collaboration of the family and the provision of clinical records, the school would have favored a punitive approach, sanctioning behaviors associated with his condition without reasonable adjustments or sufficient preventive measures.» The process began in May with a «conditional enrollment» communicated in August and culminated in the confirmation of the expulsion in October 2025, following the family’s appeals.

Restoration of Rights for the Child with Autism

The ruling concluded that there was a clear «infringement of the right to education and equality before the law, with violations of the duty of inclusion and reasonable adjustments (Law No. 21.545 and educational regulations), as well as conventional standards and administrative guidelines,» also citing jurisprudence from the Supreme Court in similar cases.

Consequently, it mandated that «this Court must take concrete measures to restore the rights and ensure the proper protection of the affected child, in accordance with the specific purpose of the protection request… In this case, the suitable, necessary, and proportional measure to restore the rule of law is to annul the cancellation of enrollment decreed for the child for the 2026 school year.»

Key Legal Precedent

According to lawyer Ricardo Mark from the TEA Legal Support Foundation and representative of the protection request, this ruling transcends the specific case and represents «a key legal precedent for the autistic and educational community in general, because it firmly establishes that neurodivergence cannot be punished or used as an excuse for exclusion.»

Mark emphasized that the ruling «confirms that schools must adhere to the TEA Law and that school coexistence cannot disguise discriminatory practices or violations of rights.» Regarding the student’s family, he noted that they deeply value the ruling, «as this legal action sought not only the recognition of the illegality of the sanction imposed on the child by Colegio San Francisco Javier in Puerto Montt, but also to establish a precedent that prevents other neurodivergent children from being excluded from the educational system due to their autism condition,» he reported to Emol.

«We all hope that this ruling contributes to eradicating discriminatory practices and effectively guaranteeing the right to education and inclusion, without abuses of power by educational institutions in the country,» he underscored.