If the fact that this hold has a statement didn't stop the school from excluding him for fighting, why would anything else stop the school from excluding Boy B for fighting?
It's UNFAIR. And it's the unfairness that parents of DC's feel most keenly. They aren't going to give two shiny shits that the child that bullied their son into reacting like this, thus causing him to be excluded, is in FC or whatever. And why the hell should they?
The school's behaviour rules should apply equally, with reasonable adjustments made for issues caused by a disability.
Having been a LAC myself, it certainly wouldn't have, and shouldn't have, given me a way out of behaving acceptably. It is NO excuse for bullying another child, and this should be treated EXACTLY as harshly as the DC with ASD is being treated - because otherwise it is saying that Boy B has more rights to be educated in a MS environment than Boy A does.
Which is LEGALLY untrue.
I certainly didn't give two shiny shits when a LAC was goading my DD into reacting, and I told the school in no uncertain terms that if they didn't treat this as bullying, and deal with it appropriately, I would use EVERY avenue open to me to ensure that they did.
It cannot be a behaviour policy that has MORE draconian policies and punishments for a child with a disability, or that is a clear cut case for disability discrimination.
While the PARENTS of Boy A will not be party to Boy B's life story, or even what punishment he received (directly, they WILL find out the disparity through texting / social media / friends / gossip, believe me), but the LA WILL BE.
And if it goes to court as a disability discrimination case, the LA can be forced to disclose what punishment the instigator of this incident was given for bullying and goading.
And if there IS a disparity, which there obviously is, then it is clear that Boy A has been discriminated against on the basis of his disability.
God, my heart is breaking for Boy A's parents.