St. Lucie County school board members decided unanimously tonight to allow teacher Wendy Portillo to return to teaching more than a year after the May 2008 incident where she led kindergartners to vote a 5-year-old boy out of their class.
School officials say Portillo, who had been suspended and stripped of her tenure, is expected to teach science and reading to sixth graders at Allapattah K-8.
She was Alex Barton’s kindergarten teacher at Morningside Elementary when she led his classmates to vote on whether he should stay in class after he’d been disruptive. Doctors later diagnosed Alex with Asperger’s syndrome, a form of autism.

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Alex Barton with his mother, Melissa Barton

A mother whose autistic son was voted out of kindergarten in St. Lucie County last year is planning a press conference this afternoon to announce the filing of a federal lawsuit against the school district, several school officials and the local teacher’s union.

The complaint submitted in federal court alleges 5-year-old Alex Barton suffered irreparable damage when his teacher Wendy Portillo “orchestrated a ‘Survivor-style’ vote” asking the boy’s classmates whether or not he should be allowed to return to the class after he’d been repeatedly disruptive. The class voted him out 14-2.

Alex has since been diagnosed with a form of autism called Asperger’s syndrome.

Wendy Portillo answers questions during an administrative hearing.

The school board initially suspended Portillo one year and stripped her tenure, but in June they restored her tenue and said she will be allowed to return to the classroom in November.

St. Lucie County Schools spokeswoman Janice Karst this afternoon said the district does not comment on active livitgation.

Barton this morning declined to discuss the specifics of the lawsuit, reserving comment for the press conference scheduled for 3:30 p.m. at her attorney Paul Sopp’s office in West Palm Beach.

She did say that her son now attends a private school in Palm Beach County through a scholarship.

“He’s doing so well,” she said. “His teacher’s a sweetheart.”

Sopp said that that while Barton is seeking monetary damages from the suit, a victory in the case would help other students.

“What we’re trying to do is ensure that no one in the St. Lucie County school district is denied education based upon their disability,” Sopp said.

The Associated Press contributed to this story.

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PORT ST. LUCIE — One year ago, a 6-year-old autistic boy was brought to the front of his classroom. He left moments later feeling like an outcast.

For many, he became a symbol of how children with autism are mistreated and misunderstood.

Some experts say the case of Alex Barton, who was voted out of his kindergarten classroom 14-to-2, brought about change and awareness of how autistic children are educated. Others say there still is a long way to go. (more…)

FORT PIERCE - A kindergarten teacher who asked her students last year to vote on whether a then 5-year-old boy could stay in her class said today that she never meant to embarrass him and regrets her actions.

Wendy Portillo, a veteran teacher, testified at an hearing to appeal her punishment, occasionally wiping at tears and looking away from television cameras.

“If I could take that morning back, I would,” she said.

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Wendy Portillo

Portillo got the suspension after a lengthy St. Lucie County Schools investigation into the incident. Alex was 5 years old last May when he was voted out by classmates. He was in the process of being diagnosed with a type of autism. (more…)

Alex Barton

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. (more…)

While school district internal investigators said there’s no evidence Morningside Elementary teacher Wendy Portillo meant to cause harm or embarrassment to Alex Barton, they said in a report released Thursday there is a question as to her judgment.

And consideration has to be given on the effects Portillo’s action could have on Alex’s classmates because they were required to criticize the 5 year old, according to the report compiled by St. Lucie County School Board employment law attorneys Richeson and Coke, P.A. (more…)