Kindergartner Voted Out By Students

Outraged Mom Of Special Needs Son Talks Exclusively With The Early Show

(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.

[mom2twovikin]

Thank you for posting this video.

[con35nie]

I can not think of anything so horrible. Not only is this awful for the teacher to have this kind of behavior, but what did she just teach the other kids in her class! Those poor kids and that little boy with this piled on top of all the problems he is dealing with already.
If this had been adults in the work place someone would get sued for discrimination. I could go on and on about this, I have never been so angry in my life to want to e-mail a news center about anything before. If a child is disruptive in a class there are other ways of handling it.
She should loose her job.

[johnstossel]

This woman does this terrible thing and the school board tells her not to say anything???!!! I think that we should bring back stockades and have this woman tour the country so that everybody can spit on her. I''m hawkin'' up a loogy now!!!

[oldone60]

That teacher at least needs to be fired and then kept far away from any children. If it were my child she''d be at the wrong end of a serious lawsuit!

I am amazed that the state attorney''s office said her actions were not emotional child abuse. What does it take?! She has seriously damaged that little boy and should be held accountable.

[Dboersma]

I have a special needs child and what this teacher did should be considered criminal. It''s hard enough for these children to get acceptance from other children. This woman has no business being a teacher. I don''t understand why the school is not taking a harder line on this. This little boy is a precious, precious child and must be treated no differently than any other child.

[xbjllb]

Just WATCH how fast the community and rest of the country "vote" this "teacher" out of a career.

[redcentral]

Poor kid. Even if the teacher is fired, Alex will have an unforgettable memory and it will haught him for years. How sad!

[schakj]

This is simply outrageous! People with autism may act differently from other people, but they still have feelings. To have kindergarten students vote any of their peers out of their class is one of the most damaging things you could do to their sense of moral decency. Such an act also violates the IDEA of 2004, which entitles students with disabilities to a mainstream public education. If the school district does not fire the teacher, they deserve to have all their federal funding revoked. If I believed in hell, I would say that there is a very special place in hell for people like Wendy Portillo.

[roh8265]

Surely there is more to this story. I find it unbelievable that a teacher would behave in this disgraceful manner. What is the world coming to when the ones teaching our children have completely lost their morals/values and basic human kindness?

[mitchtx1]

I have a friend who has a child with Asperger''s. Yes, he can be a little trying. But NOTHING excuses the behavior of this teacher. I would like to know exactly what lesson this "teacher" believed she was giving that day!

[shouldbsaid]

You know... if the tables were turned and the teacher was white and the child was black the whole world would be having an absolute fit and Brer'' Jackson and Brer'' Sharpton would be the first ones on the news talking about it... What is less special about an autistic child that he doesn''t get the same sort of coverage.

[shaven_bush]

This "poor kid" was already known to have been special needs. He should not have been in the normal classroom to begin with. Yes, I agree, the method was a bit thoughtless. The truth of the matter is that the child should have been in a classroom for special needs where he could be better cared for and the other children''s educations would not be impeded.

Suggesting a lawsuit is ridiculous. Having your feelings hurt is a part of life. Grow up and stop hiding behind the judicial system.

[inntheory]

I can well enough believe that the idea that a teacher would have children vote on such a matter involving removing a child from class would be absurd, but I do think even given watching the video one can see that perhaps the child would be detrimental to the learning experience of the other children.

Perhaps then, the teacher could have avoided the theatrics and gone through the proper channels to get the child a learning environment that was fair to the child as well as the others.

[raughammer]

If he is a distraction, he does not need to be there.

Get him out.

[palmerj3]

Wait a minute... There are two sides to every story. Often times "special needs" students are thrown into a classroom under the guise of inclusion, but in fact they are given no special assistance, the teacher is not trained to effectively teach someone with their disability, they disrupt the class (which certainly sounds like the case here), and they drag down the level and/or pace of instruction for the entire class. Now days, no real effort is even made to ID special needs children until after kindergarten. That used to not be the case - my guess is that it comes down to money. Special education classrooms and teachers cost money, and by eliminating those expenses until the first grade, a district spends less of it. And here I go jumping on the third rail - sometimes a kids unruly/anti-social/obnoxious behavior is not actually a "disorder". "Oppositional Defiance Disorder" ? GIVE ME A BREAK! Some times a lousy acting kid is just lousy. BTW, I''m not a teacher (but I do know a few).

[ferris0000]

Aspergers is nowhere close to full-blown autism and is not considered special needs. This is the media milking a little extra sympathy where none is deserved.

[inntheory]

I can well enough believe that the idea that a teacher would have children vote on such a matter involving removing a child from class would be absurd, but I do think even given watching the video one can see that perhaps the child would be detrimental to the learning experience of the other children.

Perhaps then, the teacher could have avoided the theatrics and gone through the proper channels to get the child a learning environment that was fair to the child as well as the others.

[palmerj3]

Wait a minute... There are two sides to every story. Often times "special needs" students are thrown into a classroom under the guise of inclusion, but in fact they are given no special assistance, the teacher is not trained to effectively teach someone with their disability, they disrupt the class (which certainly sounds like the case here), and they drag down the level and/or pace of instruction for the entire class. Now days, no real effort is even made to ID special needs children until after kindergarten. That used to not be the case - my guess is that it comes down to money. Special education classrooms and teachers cost money, and by eliminating those expenses until the first grade, a district spends less of it. And here I go jumping on the third rail - sometimes a kids unruly/anti-social/obnoxious behavior is not actually a "disorder". "Oppositional Defiance Disorder" ? GIVE ME A BREAK! Some times a lousy acting kid is just lousy. BTW, I''m not a teacher (but I do know a few).

[badmonkeygod]

you have to see where she is coming from. including these disabled people in a classroom does nothing but subtract from the education received by the rest of the students. isn''t public education in this country bad enough without shifting 70% of an instructor''s energy away from students who have a chance and toward one that won''t succeed anyway?

[lsmartha]

I am the parent of a 16 son with Asperger''s Syndrome. I am absolutely appalled at the behavior of this teacher and this school system. She should be removed immediately. There is no excuse for her actions. The damage she has done to this child will go on for years. They do not forget, most have photographic memories, so this child will remember this for the rest of his life. I would definitely have charges filed against the teacher and the school system for discrimination. They were aware that this child had special needs and what they did was absolutely unexcusable. Every parent, not only those with special needs children, should write this school system and demand justice.

[bradafer]

If he is or isn%u2019t special needs no one esp. not a 5yr old child deserves to be treated like this. This is just appalling!

[inntheory]

I can well enough believe that the idea that a teacher would have children vote on such a matter involving removing a child from class would be absurd, but I do think even given watching the video one can see that perhaps the child would be detrimental to the learning experience of the other children.

Perhaps then, the teacher could have avoided the theatrics and gone through the proper channels to get the child a learning environment that was fair to the child as well as the others.

[advocate316]

My father owns/operates a special needs agency servicing 300+ adults/children in various aspects. To hear someone is singling out and degrading an individual for a problem they can not control is not only immoral but also discrimination. This lady should be ashamed of herself. She needs to loose her teaching license. I really feel bad for the child and parents. They are already dealing with a tough battle, and do not need people adding to their sons problems.

On a different note, I notice the lady is African American. If someone in the workplace were making racist remarks, what do you think this lady would do? I GUARANTEE she would be filing a lawsuit for discrimination. There is no difference here. I hope this lady is hung to dry. She deserves it just as much as a person who discriminates against race.

[thebreez3]

I have been teaching for 29 years and could not believe my ears when I heard this story. In this day and age NO child deserves that from his peers, let alone an adult, especially a teacher! If that happened in the school or district I work in, you can be sure there would be something done about it! All children have a right to learn! If she was having a problem with his behaviors or disability I am sure she could have discussed it with the school psychologist or other administration to find a better solution to the problem. She could have even asked to have him removed from her room. I definitly wouldn''t want her teaching my child with or without a disability!!!!!

[shaven_bush]

How is this the responsibility of the teacher to assure the child is placed in the proper envirnoment? Wouldn''t that be the parent that should be responsible? This just another case of the parent blaming the school/teacher for problems that the parent could have avoided.

[irecordem4u]

I was outraged when I heard this story come over the news. I too have a special needs child, my daugher, Emily. She is 20 years old now. When she was five years old, we enrolled her in soccor. Her motor skills were slow so she looked somewhat awkward out on the field compared to the other children, but she loved to play. During one of her games, she kicked at the ball and missed numerous times, and a soccor father standing next to me yelled out, "Take her out, she''s terrible!" The coach took her out. The comment of the soccor father and the behavior of this teacher have something in common: it exposes their complete ignorance and intolerance of others. This teacher does not deserve to teach ANY children. Funny, my Emily is unconditionally accepting of others. Good to know some day we''ll all have perfect wings. I wish the very best of luck to this wonderful young boy and his mother. There are people out here who empathize with you and support you. Good luck.

[speedforce2]

THis is outrageous!!! I cannot believe the state''s attorney won''t allow her to have charges brought!! This is not only harmful to Alex but to the other children as well....I imagine it would not have happened had he been black. But if the show was on her dsons foot, she would be raging!!! I taught autisti kindergarteners and 1st graders...his civil rights HAVE been violated and hopefully his mother will see that and pursue this to the fullest!!! I cannot imagine an attorney allive who would turn this one down!!!!

[ace3664]

Democracy at work. Too bad we couldn''t do this back in the day.

[shouldbsaid]

It''s the fact that the teacher stood him up infront of the rest of the class to be scrutinized by his peers which is to be abhorred... Even if the child requires special attention or a special education class... that doesn''t include making the children vote him out... I don''t have any special needs but I remember to this day how cruel elementary kids were and 20 years later it''s still disgusting. The issue is- the teacher decided to humiliate and break the heart of a child or make him feel bad about himself with the help of his peers instead of go through the proper channels and procedure to have him transfered out of her class. The teacher''s behavior is TOTALLY inappropriate.

[patricknorth]

I CANNOT BELIEVE WHAT I''VE READ. have the parents of the children who voted this child out of his class posted comments here? are they the ones justifying this act? this is a five-year-old boy! name one 5-year-old who doesn''t spin around in circles, sing loud songs, and carry on about nothing while others try to talk. today''s society is breeding a generation of children so utterly desensitized to the plight of others that some of you terrible people think this is justifiable. i had several disruptive children in my class when i was young, and i went on to a great college and a promising career, as did two of the disrupters, as far as i''m aware. This teacher should be fired, the children should apologize to the boy, and the school district MUST issue a statement! I am seething mad right now. If that teacher shows her face in Massachusetts, I''ll vote her out of the state with my fists.

[majorupset1]

All fact and fiction aside, these are Nazi tactics to put a 5 year old in front of his class and have them judge and ridicule him based on the instruction of the only adult and authority figure in the room. The law states that at that age they do not yet know right from wrong for a reason and it is the lowest thing a teacher can do to turn a class of kindergartners into a mob. Of course they do what they are being told and of course they think it is OK if Their Fuehrer tells them so. This is sickening and this woman should be treated like a registered childabuser. Oh, and it looks like this is one of those politically correct discussions where nobody wants to say the obvious: If the skin colors of teacher and pupil were reversed, we would have rioting in the streets and the Reverend Jackson would call the people to arms. Let''s face it: We are all soft and spineless and I hope this poor mother will get the most aggressive lawyer in the country and go after the teacher and the school that is probably afraid to say anything until they are all broe and done for. This is so cruel and even the government is backing down. Heck, even a totally healthy troublemaker gets a better chance - if there is a problem: call the parents to school but don''t fire up 5 year olds to play SS !!! This is exactly how it started in Germany with the elimination of the Jews. How low can this country sink by allowing this to go unpunished?

[tom-md]

As horrible as this story is, I''m not surprised it happened. Good people with common sense are fired up to vote against other peoples right to happiness. When teachers and children see that, it only leads to things like this.

We need to teach our young people, our senior citizens, and our elected officials that discrimination should never be up for a "vote" anywhere.

[raughammer]

This "parent" is pushing her child that does NOT belong in a normal classroom on those poor kids. Compromising THEIR education. The only villan in this story is the mother.

[advocate316]

Shaven_Bush

You must be desensitized to peoples feelings. While it may not be the teachers responsibility that the parents didn''t have him in the right place. It is her responsibility to treat all children the same regardless of feelings. Otherwise it is discrimination. Do you think it would be right if I made fun of the teacher because of her race? Plane and simple she violated his civil rights and she will be punished for it.

[thepamster2]

Talk about prejudice. And it seems twice as surprising considering the teacher is Black and must have had to deal with some prejudice herself. She''s taught her class to shun those who are different and probably traumatized the child they "voted out." If this is what our children are being taught, heaven help our Country, our educational system, and future generations!!! What ever happened to equality???

[campgrrl76]

Free and Appropriate Education is a right protected by federal law. From the perspective of this special ed teacher, that parent should sue the teacher.

It''s pretty sad that half of these posts support the teacher and her actions as well as willingly support segretation of special ed student.

Fantastic. I think they should all be put in institutions, where they can be better managed, don''t you?

[brokerx7]

There is no, I repeat, NO possible way to condone what this supposed teacher did. She has been watching far to much television. While there may not be any criminal (legal) act involved she is plainly unfit to be entrusted with the development of such young children.

Ms. Portillo, her supervising Principal and the school superintendent should be fired immediately. How someone like this can even be hired is beyond me, and therein lies the reason for dumping the Principal and Superintendent. They are obviously incompetent as managers and are placing the kids at risk.

The child''s behavior is not germane to the discussion.

Joe

[evitazoe]

I work in SpEd and I believe this teacher is doing the right thing by protecting the educational rights of her students. The pendulum has swung way too far in favor of "special" children''s rights to education. Mainstreaming in general is a bad idea.

[lsmartha]

It said in the video that the teacher received additional assistance several days a week. These children can learn and can be successful in school. My son is an AB honor student in the 10th grade and is planning to go to college after graduation. The "dummy" who said they couldn''t succeed needs to read the federal law "IDEA" that states every child is entitled to a free and appropriate education, no matter what the cost. He also needs to find out more about Asperger''s Syndrome. Just go on line and you can get a ton of information. It is this kind of ignorance that make life for these children and their families hell. There are several famous people that are believed to have AS; Albert Einstein, Bill Gates, and many more. They can become doctors, lawyers, scientists, anything they set their mind to. They focus on whatever their specific interest is and they master it. They are sometimes called "little professors" because they know so much about it. I won''t say that life has always been easy raising a child with AS, but my life is better for having my son it. I have learned so much from him over the years. He is a beautiful, special young man and this world is a better place because of him and the many other children just like him.

[raughammer]

The childs behavior IS the catalyst for the discussion. Without the childs abhorrent behavior none of this would have happend.

The child should not have been there in the first place. That childs insane behavior would dominate the class, no one could work, talk or learn with that child babbling and non stop talking disrupting the class.

The child should go and the problem would be solved. Or by all means punish the teacher, continue as usual with a new teacher and punish the other children...steal THEIR education in favor of the one.

Punish the many for the special needs of the one.

[franglais--2008]

This is what happens when people watch too much reality TV, and they then start thinking that that is THEIR reality.
In the "real" real world, we don''t just "vote" people out of our lives; we especially don''t let 6 year olds think they know what''s "right" for their class.

[advocate316]

She has a racist attitude against anything deemed not worthy.

[raughammer]

evitazoe said: "I work in SpEd and I believe this teacher is doing the right thing by protecting the educational rights of her students. The pendulum has swung way too far in favor of "special" children''''s rights to education. Mainstreaming in general is a bad idea. ..............
Wise words by someone who should know.

There is no reason to punish the whole class because of one problem child. The child should be educated but not at the expense of the other childrens education.

[jimtruha]

School district''s website slogan says "Every Child, Every Day"...

Wendy Portillo needs to be put on IMMEDIATE suspension pending completion of an investigation...those responsible for this craven, hard hearted act should be punished and FIRED.

To think that a teacher would be the instigator of a vote by Alex''s peers to exclude him...what a sick, twisted, cowardly act...what has Wendy now taught her class?

That its OK to exclude others who are different, as long as its done by consensus of a mob....Hitler would be proud.

[starlily2]

My heart goes out to Alex and his family!! This teacher should be fired and have her teaching degree revoked. She has no right to teach any child when she is acting like a 2 year old herself, she should be very ashamed of herself!! What a horrible person she is to be asking Alex''s classmates to say such hurtful thing to another classmate. I hope she reads all these comments and feels really terrible, even though she deserves far worse comments than what can be posted!!!!!

[campgrrl76]

To the people who say "mom was pushing him on the gen ed or mainstreamed kids," you need to realize that it takes time to be evaluated for aspergers AND special ed and that he would need to remain in the gen ed classroom until those labels/services were in effect.

Seems to me like the school should have employed a full-time para-educator if the educational setting was disrupted to the point where the teacher could not deliver instruction.

[raughammer]

"Free and Appropriate Education is a right protected by federal law."

Appropriate does not mean an education where you get to disrupt everyone else''s education it the class room. You should be in a class with others like you and taught by a teacher who is skilled in teaching someone with "special needs".

The child needs a specialist, not a general practitioner.

The childs mother was wrong to foist that problem child on the other children in that class room.

[sandiegojedi]

Teachers, of students of all ages, are supposed to set an example for us to look up to. Teaching is always difficult. If you can''t handle your classroom without lynching a child, find another job!!

[raughammer]

Anyone who spent 30 seconds watching that child in that video realized that child was not normal and could not control his speech or his actions.

The teacher could see that almost immediately...and could anyone else who viewed that child.

The child did not need extra time to be evaluated, he needed to be in a different special needs class.

[scomicbid]

On the bright side, two of the kids resisted peer pressure and voted to keep Alex in the class. Good for them.