ASD child being punished for shut downs

[PickledWilly]

I have a 5 year old DD with ASD who is in year 1 at a mainstream school. She does not have meltdowns but instead has 'shut downs' where she is unable to interact and will not answer questions or follow instructions, she has basically zoned out. She is being punished at school for these behaviours and being kept in at play time, which I am really upset about. She does not have an EHCP as the school have said she wouldn't currently get one, I am about to start the application process myself.

My question is, can the school punish her for a symptom of her condition? What happens if she cannot follow their (very strict) behaviour policy e.g. 'tracking the teacher' at all times?

I am surprised they are interpreting a child with special needs behaviour as requiring similar punishment to a supposedly ' average functioning' child ( whatever that is).
Surely they are aware that punishments such as refusing to allow playtime , will never work to suddenly make the child sit up & listen & not shut down when overwhelmed ???
Really surprising