Neurodivergence in Federal Policy: Past, Present, and Future Goals – UROP Spring Symposium 2025

Neurodivergence in Federal Policy: Past, Present, and Future Goals

Isabella Oliva

Research Mentor(s): Kathleen Ignatoski
Mentor Department: University of Michigan
Authors: Keira Eby, Isabella Oliva, Kathleen Ignatoski, Chris Laurenic, Sandy Zalmout
Session: Session 1 (9:00am – 9:50am)
Presentation Type: Poster 101

Abstract

In recent years, the concept of neurodivergence has become increasingly recognized, fostering greater societal awareness and understanding. On the federal level, however, change has been significantly slower, resulting in significant gaps in legal protections for neurodivergent individuals. This study critically analyzes existing federal legislation to identify shortcomings in policies that are meant to meet the needs of this population and offers targeted recommendations to bridge these gaps. Despite some protections under the federal government’s broad definition of disability, there are no comprehensive laws that specifically focus on neurodivergence. One key policy, the Americans with Disabilities Act (ADA) of 1990, falls victim to this phenomenon. This all-encompassing act unintentionally undermines its own effectiveness by failing to consider the unique challenges faced by neurodivergent individuals. Moreover, the vagueness of the legal definitions for terms such as “disability” and the absence of a concrete definition for “neurodivergence” create barriers to access and enforcement. The findings of this study highlight the need for a more nuanced approach to federal policymaking. Recommendations include refining the legal definitions of disability and neurodivergence, developing standalone policies that cater specifically to neurodivergent individuals, and restructuring comprehensive laws like the ADA into more targeted and specialized categories. These changes would enhance the clarity, inclusivity, and functionality of federal protections, ensuring that the needs of neurodivergent individuals are adequately addressed. By aligning federal policies with current understandings of neurodivergence, policymakers have the opportunity to create a more equitable and supportive legal framework that reflects the diversity of human experiences.

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