Mother of boy voted out of class seeks funding
November 26th, 2008 by Cara Fitzpatrick
Alex Barton
A mother whose son was voted out of his kindergarten class last year at the urging of his teacher wants the St. Lucie County School District to pay for private school, psychological testing and counseling, according to documents released this week.
Melissa Barton removed her son, Alex, from Port St. Lucie’s Morningside Elementary after the May 21 incident, which prompted national and international outrage. Alex, now 6, has not returned to public school and has been receiving instruction at home from a teacher.
Barton filed a complaint with the district in late August seeking an administrative hearing. In the complaint, which she released to the media this week, Barton outlined the incident that occurred last May in Wendy Portillo’s kindergarten class.
The complaint also says that school officials failed to evaluate Alex for autism within the time frame specified by law - he was privately diagnosed with Asperger’s syndrome, a high-functioning form of autism, after the incident - and didn’t establish an individual educational program as required by federal law.
It also accuses Portillo of not following a disciplinary program agreed to by both school officials and the Bartons.
Portillo, who was suspended without pay last week, has declined to comment on the case, and school officials are prohibited from discussing confidential student information. Portillo has asked that her case be reviewed by the state Division of Administrative Hearings.
School and police accounts of the May 21 incident say that Portillo asked her students to vote on whether Alex should remain in class after twice being sent to the office that day. The class voted 14-2 for him to leave, and Alex spent the rest of the day in the nurse’s office.
Students told police that they had been asked to tell Alex what they didn’t like about him, and Portillo told police that she had “polled” the students.
Barton’s complaint also asks the school district to pay legal fees and compensatory and punitive damages for emotional suffering. Those damages would not be considered by an administrative hearing.
Melissa Barton and her son, Alex
Tags: alex barton, autism, Morningside Elementary
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November 26th, 2008 at 7:50 pm
Without experts and facts she’s going to lose, and she deserves it. Pathetic…looking for a windfall based on a kindergradeners “mental anguish”. This little guy only remembers it because Mom wants him to remember. Do us all a favor Mom, and go away. Tax revenues are down, and now you want to take from the already hurting PUBLIC schools??? Pathetic
November 26th, 2008 at 8:09 pm
I am definitely for protecting the rights of our children. I know first hand how difficult school districts can be, but if I recall when all of this erupted Alex was just beginning testing. The school district unfortunately does not have to put an IEP on place until there is a diagnosed need. If the mother knew her child had problems as suggested from his prior school one must ask why she did not have him tested privately earlier so an IEP could have been written as soon as her child entered school. Instead she did have his testing done but not until after the incident occurred, and now argues that an IEP was not done. How could it have been done if Alex did not go back to school. This makes no sense. I have a family member who has a form of Autism and we as a family fought to get services - not cash. You have to question this mother’s motives. Don’t get me wrong what this teacher did is beyond comprehension but the mom well………….
November 26th, 2008 at 8:43 pm
I hope the mother sues the p*ss out of the school district and wins! I hope this teacher is never allowed to teach again. Her actions are disgusting and if she cannot handle her the responsibility of being a good teacher, then she needs to find a new career path.
GO Melissa…I hope you kick their butts!!
November 26th, 2008 at 8:59 pm
What the hell is wrong with this lady??? Does she really think that she deserves this just because her kid was being disruptive in class? I don’t think he should have been in that class to begin with..he should have ben in special ed. She’s just looking to take advantage of this whole situation because her son was “wronged.” what about all the other parents who also have Autistic children? Should they also be granted a free private education and counseling? I don’t think it’s fair that the teacher was punished so harshly. Teachers don’t have enough training with special ed students and I can understand why she did what she did. This mother just needs a little reality check that her son is not like everyone else and he needs special attention…she’s just looking for an excuse to get that special attention. Pathetic.
November 27th, 2008 at 10:57 am
Maybe the people here need a check. The teacher was wrong in so many ways. Put yourself in that mohters shoes. Have your child treated in that manner. You as well will be outraged and want people heads. I think the teacher should lose her job, and be sued civil. The children our are future, and we should educate them in the correct manner
November 27th, 2008 at 8:25 pm
As an elementary school teacher for 23 years, I have to give my support to the teacher. Anyone who hase spent time in a classroom understands how just one child’s behavior can totally disrupt a classroom. When this happens, the teacher has to stop whatever she is doing and deal with the situation. The rest of the classroom is without the teacher’s instruction/help/attention during this time. I have taught and observed children with special needs in a regular classrooms. The time and attention these children require is overwhelming. With the budget cuts and monies not avaliable, teachers very seldom will have an aide or assistant in the classroom with them. My question to the mother is this: Why aren’t you volunteering in the classroom with your child. You may see another side of his personality when he is around other people. Instead of being part of the problem, be part of the solution. When you child has a problem , you can work with him to find a way to help him in the future.
November 28th, 2008 at 3:30 pm
This could of been handle differently. The teacher is wrong bt it can be EXTREMELY dealing with little kids all day long specially an autistic child. He should of been in special ed not regular class b/c he needs more attention.
January 14th, 2009 at 12:32 am
Melissa Barton has whipped up something of a frenzy with her story. She has had her 15 minutes of fame, she has ruined a teacher’s career, and now she wants a big pile of money. We’re all losing out because this drama queen has spun her tale. Her son certainly has severe difficulties and was a big disruption in the classroom. It’s no coincidence that the vote was decidedly against her son. He was impeding the learning of the rest of the class. That is grossly unfair to more than a dozen other students. Now, Melissa Barton thinks that WE owe HER a bunch of money? She should pay us! And, she should apologize to all of us on CNN and Fox News. She used those outlets to create this frenzy; she should use the same wide audience to sincerely apologize for her reprehensible actions.
February 4th, 2009 at 11:23 pm
I think we should give more attention to the kids using/buying drugs at Palm Springs Middle School than the Portillo problem. This dedicated teacher made a poor judgement call. Why didn’t Mrs. Barton give the school a heads up re possible on-going problems with her son? Maybe a little more involvment by her would have avoided this situation. She knew what was going on. It reads like the boy was distracting the class to the point that the teacher had to make numerous reports to the powers that be to help the young boy and her class. Grown people vote and so do youngsters, for certain things at home, playground and school. So? We need more teachers like Mrs. Portillo who are dedicated in helping kids to grow. We do not need to push them away, hurting them and the system. We can’t lose good teachers. Mrs.Portillo can take care of my gang anytime. I hear nothing but compliments about her from so many people. Good luck and God bless you Mrs. P. Sincerely, Robert P. Leidy