Kindergartner Voted Out By Students

(CBS)  A Port St. Lucie, Fla., mother is outraged and considering legal action after her son's kindergarten teacher led his classmates to vote him out of class.

Melissa Barton says Morningside Elementary teacher Wendy Portillo had her son's classmates say what they didn't like about 5-year-old Alex. She says the teacher then had the students vote, and voted Alex, who is being evaluated for Asperger's syndrome -- an autism spectrum disorder -- out of the class by a 14-2 margin.

Barton and her son, Alex, talked exclusively with Harry Smith live from West Palm Beach, Fla.

Click on the video below to watch the interview.



Barton filed a complaint with Morningside's school resource officer.

St. Lucie School spokeswoman Janice Karst said the district is investigating the incident, but could not make any further comment. The state attorney's office concluded the matter did not meet the criteria for emotional child abuse, so no criminal charges will be filed.

Teacher Wendy Portillo was advised by the school board not to speak to the press so she declined our interview offer.

[GeekyLdy]

Wendy Portillo strikes again (the teacher in this thread) After a year she was finally suspended for a year. She then went on to teach elsewhere in Port St Lucie and was found to discriminate against a child who is hearing impaired along with 2 other teachers. Do we see a common theme here now with this woman? http://www.wflx.com/Global/story.asp?S=13089647
She needs her license to teach stripped from her and that is final!

[GeekyLdy]

This teacher has just taught a group of highly impressionable children intolerance. What is most striking is that this is a woman of color. What would her reaction be if the children decide to vote out a child of color or a kid who wears glasses or is in a wheelchair? Bigotry comes in all shapes and sizes and this is just one example. I am not being extreme I am being logical. I am outraged and disgusted that this intolerance is being allowed and this so called teacher still has a job. An autistic child has a hard enough time in this world without someone like her making it even harder. They have a right to an education as does every child. I suggest the ACLU step in and take this case. If a public school can not provide the child's needs they must fund alternative placement or any therapy he is not receiving from his IEP even if it is outside the school. His IEP was violated and declared null and void when he was tossed out. Shame on them all.

[titans44]

I WOULD LIKE TO TALK TO THIS MOM.IM THE DAD OF A 12 YR OLD GIRL WHO HAS BEEN SEXUALLY HARRASSED AT SCHOOL .THE SCHOOL AND THE BOARD OF EDUCATION HAVE DONE NOTHING.THEY SAY THE BOYS WERE PUNISHED BUT THEY WERE NOT.IM SICK OF HOW OUR SCHOOL SYSTEMS THINK THEY ARE ABOVE EVERYONE AND DO WHAT THEY WISH WITH NO "REAL" ACCOUNTABILITY.THEY WANT PARENTS TO BE INVOLVED BUT DONT ROCK THE BOAT.THIS TEACHER AND SCHOOL SHOULD BE HELD ACCOUNTABLE FOR THEIR ACTIONS ON MRS BARTONS SON.YOU CAN BET THEY ARE ALL IN DAMAGE CONTROL AND COVERING EACH OTHERS BACK ON THIS.

[titans44]

I WOULD LIKE TO TALK TO THIS MOM.IM THE DAD OF A 12 YR OLD GIRL WHO HAS BEEN SEXUALLY HARRASSED AT SCHOOL .THE SCHOOL AND THE BOARD OF EDUCATION HAVE DONE NOTHING.THEY SAY THE BOYS WERE PUNISHED BUT THEY WERE NOT.IM SICK OF HOW OUR SCHOOL SYSTEMS THINK THEY ARE ABOVE EVERYONE AND DO WHAT THEY WISH WITH NO "REAL" ACCOUNTABILITY.THEY WANT PARENTS TO BE INVOLVED BUT DONT ROCK THE BOAT.THIS TEACHER AND SCHOOL SHOULD BE HELD ACCOUNTABLE FOR THEIR ACTIONS ON MRS BARTONS SON.YOU CAN BET THEY ARE ALL IN DAMAGE CONTROL AND COVERING EACH OTHERS BACK ON THIS.

[i_m_an_eagle]

Here it is one year later and they finally suspended the teacher for her actions, but for only one year. The school should have suspended her indefinitely. That was terrible misconduct and should never have been allowed. Why did the school stand by her for so long? Ultimately, and unfortunately, it is the child who will suffer for this and I can't even say how much this upsets me. This teacher is in the wrong profession. How I'd love to give Alex a hug and tell him myself that yes, he is special. Very special. And very bright. Keep your chin up Alex :)

[apricotrose]

Most of you agree that the teacher needs some kind of action taken against her which I am all for it. With the rise of more handicapped kids being born each year there should be a better way to teach them without the bully type actions of teachers/peers. I have seen teachers and a principle leave bruises on a autistic child. In schools today staff will nicely tell the one that is bullying a child to stop it but they will not send a not home, or even call the parent of the child that is doing it. In the US if you have a child that is not "perfect" as they see it expect your child to be bullied, shoved, hit even spit on by some. To Ms. Barton, you can and most likely will see some sort of bullying being done towards your son in almost any type of school setting that he attends. My child has had to deal with it for several years but each time it still hurts him.

[BlameYT]

Fat sow, Just another exaple of the small briancase of apes.

[02smitty]

I can't believe the comments I have read. Last I checked we did't teach are kids this way. If he was a disruption to the other students handle with adults and do not involve other kids. She did not have to single him out to make a point. I am all for equal rights, so what about his rights!! If they don't fire her, the mom should sue. Teachers like this is probally why kids end up killing other kids & teachers. I think avery parent of a student in this class should be outraged at her actions.

[rouen1968]

This teacher is showing once again what is wrong with the American education system. We need teachers so bad that school districts are just hiring bodies.

What this witch has done is an absolute atrocity to this little boy and his family. And how the local school district is handling this is once again showing how little balls people have anymore for fear of getting sued by a teacher for wrongful termination because of who she is.

Fire this teacher and take responsibility for the actions of a bad teacher and make compensation to the family for the school districts bad hiring decisions.

Please Florida grow a set and get this dealt with.

[sylbroyles]

to JohnLee,

there are proper channels to remove a child from a class and this is not one of them. If the child was not learning in class, then the teacher should have spoken to the parent and special ed teacher and had a conference regarding placement for the child.

you do not hurt a child''s self esteem.