PORT ST. LUCIE — Melissa Barton said she is considering legal action after her son's kindergarten teacher led his classmates to vote him out of class.

After each classmate was allowed to say what they didn't like about Barton's 5-year-old son, Alex, his Morningside Elementary teacher Wendy Portillo said they were going to take a vote, Barton said.

By a 14 to 2 margin, the students voted Alex — who is in the process of being diagnosed with autism — out of the class.

Melissa Barton filed a complaint with Morningside's school resource officer, who investigated the matter, Port St. Lucie Department spokeswoman Michelle Steele said. But the state attorney's office concluded the matter did not meet the criteria for emotional child abuse, so no criminal charges will be filed, Steele said.

Port St. Lucie Police no longer are investigating, but police officials are documenting the complaint, she said.

Steele said the teacher confirmed the incident took place.
Portillo could not be reached for comment Friday.




Steele said the boy had been sent to the principal's office because of disciplinary issues. When he returned, Portillo made him go to the front of the room as a form of punishment, she said.


Barton said her son is in the process of being diagnosed with Asperger's syndrome, a type of high-functioning autism. Alex began the testing process in February at the suggestion of Morningside Principal Marcia Cully.


Children diagnosed with Asperger's often exhibit social isolation and eccentric behavior.



Alex has had disciplinary issues because of his disability, Barton said. After the family moved into the area and Alex and his sibling arrived at the school in January, Alex spent much of the time in the principal's office, she said.


He also had problems at his last school, but he did not have issues during his two years of preschool, Barton said.


School and district officials have met with Barton and her son to create an individual education plan to address his difficulties, she said. Portillo attended these meetings, Barton said.



Barton said after the vote, Portillo asked Alex how he felt.


"He said, 'I feel sad,' " Barton said.


Alex left the classroom and spent the rest of the day in the nurse's office, she said.


Barton said when she came to pick up her son at the school Wednesday, he was leaving the nurse's office.


"He was shaken up," she said.


Barton said the nurse told her to talk with Portillo, who told her what happened.


Alex hasn't been back to school since then, and Barton said he won't be returning. He starts screaming when she brings him with her to drop off his sibling at school.


Thursday night, his mother heard him saying "I'm not special" over and over.
Barton said Alex is reliving the incident.


The other students said he was "disgusting" and "annoying," Barton said.


"He was incredibly upset," Barton said. "The only friend he has ever made in his life was forced to do this."


St. Lucie School's spokeswoman Janice Karst said the district is investigating the incident, but could not make any further comment.


Vern Melvin, Department of Children and Families circuit administrator, confirmed the agency is investigating an allegation of abuse at Morningside but said he could not elaborate.





http://www.tcpalm.com/news/2008/may/...t-classmate-5/

THAT PISSES ME OFF!

I know of students that suffer from autism or other disabilities from my time as a School Resource Officer and they function fine. Teachers must be able to help those with disabilities. Is teaching a child with disabilities a challenge? Yes, but you don't do it this way....

I remember being in middle school and high school and having classmates that suffered from a number of disabilities. Either mental or physical. They were great classmates.

But to do this to a five year old. Horrible and shameful. That is no way that a teacher teaches a child.

Originally Posted by 5.56X45mm

THAT PISSES ME OFF!

I know of students that suffer from autism or other disabilities from my time as a School Resource Officer and they function fine. Teachers must be able to help those with disabilities. Is teaching a child with disabilities a challenge? Yes, but you don't do it this way....

I remember being in middle school and high school and having classmates that suffered from a number of disabilities. Either mental or physical. They were great classmates.

But to do this to a five year old. Horrible and shameful. That is no way that a teacher teaches a child.

I have a brother that has autism. You wouldn't believe how mean people are. They make fun of him and laugh at him. That **** really pisses me off.

At that age a children would not 'vote out' a child unless the teacher was pushing at it. Nor would they say things like "disgusting, etc" unless someone is putting the idea in their heads. I'm not saying kids don't have the ability to come up with some mean things by themselves, but it sounds to me like the group of them are feeding off what the teacher is saying.

I think the child with autism and the children in the classroom were victims of a very nasty person.

Adorable little boy.

Did the students and teacher know of the disability beforehand?

Because if they didn't then they're totally innocent. It's an interesting (and probably effective) twist on punishment.

And, pixie, I have a brother who's six, and he says all sorts of nasty things about kids he doesn't like.

Originally Posted by The Other Guy

Because if they didn't then they're totally innocent. It's an interesting (and probably effective) twist on punishment.

And, pixie, I have a brother who's six, and he says all sorts of nasty things about kids he doesn't like.

They are not "totally innocent" when you punish in that manner.

I didn't say kids couldn't come up with it, I said in this instance it sounds like the teacher is the one putting ideas in their heads.

Quote: "I'm not saying kids don't have the ability to come up with some mean things by themselves...."

I just have the strangest feeling that no one would look twice if the kid didn't supposedly have autism.

It probably wouldn't have made the news, but I hope to God the people who need to deal with this are people who are responsible enough and care enough to look twice.

While I agree that this is the most bizarre case I have heard of I am leaning toward TOG's argument here.

Teachers have a relatively unenviable job these days with all the cultural and political clap trap they have to deal with, adding social worker to the list of requirements is pushing it a bit far.

As it is the kid is in the "process of being diagnosed" with the illness it does not mean he actually has it, lets face it we are all in the process of dying that doesn't make us dead now does it so until he is actually diagnosed with the illness he is nothing more than a troublesome and disruptive kid.

In the end while I would probably boot the teacher for touch due to the ludicrous method she used I don't entirely blame her, but surely there are more official and "caring" methods of having the boy moved to a special needs class.

I reckon, knowing something of autism, that this was the very worst thing that could happen to the boy, who needs as much social assistance as possible and empathy from his peers. That's where his teacher should have been. Aspergers is a quite mild form of autism, on the low end of the spectrum. For example, he is able to speak. The danger for such little fellows is missing getting onto the ladder in early years and perhaps growing up to be able and efficient but locked in loneliness through isolation. Any bad behaviour is brought about by frustration and they need to learn to empathise, not the very opposite. We are just starting to pay the necessary attention to enable us to unravel autism and it is a very worthwhile project as it is now suspected that there are untold numbers of adults in this position.

The problem is that a lot of one on one contact is required, but no teachers should be ignorant of the condition, and be completely oblivious to the symptoms. Here it is looked to be spotted at pre-school 3-5 years, and referred to expertise. Thank God.

This boy's treatment was unforgivable.

Like I said... it's going straight to hell.