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This theoretical paper examines the tension between individualized education mandates and standardized curricular expectations in contemporary special education practice. Through critical policy analysis and integration of neurodiversity theory, Disability Critical Race Theory (DisCrit), and social justice frameworks, we argue that current interpretations of “equal access” in special education law inadvertently perpetuate educational inequity by requiring neurologically diverse students to demonstrate competency through uniform academic measures. Drawing on neurodiversity theory (Botha et al., 2024), Fraser’s recognition/redistribution justice framework, and empirical evidence from Amy O’Dell’s Interpersonal Whole Brain Model of Care® (IWBMC™), we propose a reconceptualization of educational equity that distinguishes between equal opportunities and equitable outcomes through neurodiversity-affirming pedagogy.