How can it be (bad behaviour) if he can't control it?? Do you see how everything is viewed through a neuro typical lens?
Because it is bad behaviour. Which he completely comprehends. He's got ADHD, not the inability to know the difference from right and wrong. He just can't control his impulse.
You’re being over the top. it disrupts other people’s learning experience- what is your solution to this - putting him in another class away from other people?
It's a statement of fact. When the teacher can't involve any of the class because DS is excitedly shouting out (finishing teachers sentences, answering everything, shouting out his own questions) the teacher is having to address DS, and is not teaching the class, and yes it disrupts the flow of the lesson. Having had 10yrs of parents evenings and being told this by virtually every teacher, at different schools, I'm pretty sure they all can't be wrong.
So with the resources available, which is not many, this is the best compromise for everyone.
I do consider it discrimination because the expectations and punishments are based on a neuro typical child.
See, I disagree. Because an NT child that did this frequently, out of choice, would be reprimanded. Be given further consequences. DS does this at least every other day. The expectation is that he will do this. Sometimes multiple times a day. He's given "settle down" warnings. Then he has to take a break. Other classmates have been told to stand outside, and if they've continued, they've received detention. I know this because they complained they were getting a raw deal compared to DS. They are allowing for his ADHD.