St. Lucie County School Board and the St. Lucie County School Classroom Teachers Association in the Southern District of Florida have settled an incredible lawsuit that we previously discussed. The family of nine-year-old Alex Barton sued after teacher Wendy Portillo forced an autistic child to stand in front of the class and be criticized — and then invited the classmates to vote him out of the class. The school will now pay a $350,000 settlement — and Portillo will return to the classroom after a yearlong suspension.
The vote by his classmates was to toss him out of class by a 14 to 2 margin. Melissa Barton found her son in the nurse’s office where he had remained for the rest of the day.
Portillo testified at an earlier hearing. She gave details on highly disruptive conduct leading to her rather draconian response.
At the time, Alex was being diagnosed with Asperger’s autism. which leads to outbursts.
The family will receive $200,000 right away and Alex will received the rest in a structured settlement, starting in 2020, when he is 18 years old.
The school refused to admit any wrongdoing.
Portillo’s lawyer stated publicly that she “is just very happy to be back in the classroom doing what she loves to do.”
We previously saw the use of Pol Pot techniques by other teachers in controlling students.
Jonathan Turley
rafflaw:
We don’t disagree about the amount if proof of long-term emotional damage is apparent. However, I did not see any evidence of that — merely hurt sensibiliies on the part of parent and child. I would would think untangling the necessary counseling from other appropriate counseling would be a baffling task, but in any event, the causation problems alone would compel me to advise my client to settle but not for the figure we’re talking about.
Bud “The vote by his classmates was to toss him out of class by a 14 to 2 margin.
I am so really proud of the two children that voted against his expulsion.”
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I agree, and add that this a good example of why civil rights should never be subject to a vote, by children or the adults they grow up to be.
well she should be fired. why was the teacher not fired? was it because of tenure?
I cannot believe I am still witnessing adults suggesting the kid was going to somehow interrupt the other students’ education!
Get over it. Every person has a right to a FREE APPROPRIATE EDUCATION (FAPE). This means people with disabilities, people of other races, boys as well as girls, fat and skinny, short and tall. Got it? Good.
The laws in place for people with disabilities are the most recent and the ones we are struggling to ensure are respected and implemented. To this day we see attitudes that would bring horrible shame if any one of you were suggesting as much about girls, or racial minorities. Why is it ok to hold onto the bigotry towards those with disabilities?
What do you think is gained when non-disabled kids act up in class out of a CHOICE they make to do so? What do you think is gained when we allow rogue teachers to abuse and target one child in front of the average kids- and even go so far as to use the normal kids as pawns to abuse the disabled kids? What is that teaching the entire class?
If everyone would respect the laws that state each child has a right to be in class-the sooner we can ensure less abuse of the kids will ensue. AND: the sooner you will be able to see that being exposed to and taught how to work with people who are different from an early age IS education for all, rather than a mere “distraction” as some bigots suggest!
If you think Al Sharpton is radical, just watch what unfolds in the months to come regarding this civil rights issue. I hope the rogue “teachers” are now on notice.
Mespo,
I agree that the suspension may have been pretty severe, but I don’t know if you can train or teach this mentality out of this teacher. To think that any child, in any situation, can be voted out of the class by fellow students is ludicrous and shows a very poor understanding of children and the rights we all have. I respectfully disagree that $350,000 is too small because this kind of incident could harm the student for a long time, if not for life.
mespo727272: I have to disagree. Although your argument is well-considered and would appear to be fair, I cannot condone the teacher’s action of involving other students in the consequences for the boy. We may not deserve perfect teachers, but this one resorted to “gang rule” and so bullied the child, far from even a marginally “perfect” solution. I’m sure the teacher thought she was performing an educational duty in describing the “poll” and its enactment, but she only succeeded in dividing the students into a personal affront for the boy.
Bob,
I do mean about Tuesday.
Bob,Esq. 1, December 6, 2010 at 5:38 pm
Wendy Portillo
See You Next Tuesday.
The woman is vile.
Bob, I was thinking the same thing.
Thank you.
Wendy Portillo
See You Next Tuesday.
The woman is vile.
millsapian87 I do feel the teacher’s unions often protect the teachers to an unreasonable degree. They are a trade association which the public perceives as a force in the advancement of education in error. As a physician, I teach administrative law to attorneys ,judges and doctors. I am not subject to eligibility in a teacher’s union.
In this particular case, the teacher displayed abhorrent decision making skills and I would not want her in the position to do it again. I can not fathom why a school district would tolerate it without pressure from a sizable entity.
The damage done to the little boy is mirrored to the sadistic actions of the other students that soon will realize what they did.
They struck out at a peer with a medical condition under the direction of the authority in their life. The cascade of fallout is incalculable.
Anyone that has been the victim of a miscarriage of justice should understand this. Multiply that by not having the maturity to understand what is happening.
Perhaps I missed it, but it does not appear the teacher thought she did anything inappropriate.
From the article:
“What I witnessed in the classroom with Alex being under the table.. was under the table pushing it up with his legs and being disruptive to the students–their work was being scattered on the floor.”
Yes, she sent him to the office and had the students come sit in the front of the room to talk.
“I felt that I needed to talk with them about what they had seen, so I gathered them to our meeting area and we sat down and I tried to explain to them.”
And, yes, when he came back she and the students told Alex how his kicking and eating crayons disrupted the class.
“I said why are you here, and he said she sent me back, and I said who is she? And he said the principal. And I said I don’t know if we are ready to have you back at this time.”
The students commented on his outbursts, saying he wiped “boogers on them” and ate crayons.
“I turned to him and said listen to what your peers are saying about you, how does that make you feel? And he didn’t say anything. Again I said I don’t think we are ready for you to come back at this time.”
Portillo retold the events of the day in May that stirred up controversy in the autism community and worldwide.
“I don’t think we are ready for you to come back at this time.” Portillo told Alex, “So I said let’s take a poll. One of the students said what is a poll? I said, it is like a vote..it was just yes or no.”
Portillo said she put slash marks on the board in sets of 5, and had the students count their vote.”
Call me the reactionary in the crowd, but while I agree that some money should have been paid for this obvious denial of civil rights, and that some period of suspension for the teacher was in order, I find both excessive here.
While harm to dignity and the denial of an education merit some payment in damages, Three Hundred Fifty Thousand seems out of proportion to the embarassment suffered, and the half day denial of education inflcited. As to the teacher’s punishment, I think she should have been better trained to handle an autistic child, but a year’s suspension is too long. Just as teachers are not entitled to perfect students, the public is not entitled to perfect teachers. This one appeared to be at her wits end in dealing with a child who was agressively disrupting the class. In my view, the teacher’s duty was to the class as a whole and she need not have tolerated the disruption of the autistic child in question. While I strenuously disagree with her methods, I have no problem with TEMPORARILY separating this child from his peers and fulfilling her prime function which is to teach. The public has a obligation to assist the parents in dealing with this autistic child, however it does not bear the burden of doing so to the detriment of all the children in that class. The child enjoys equal rights to an education and not superior ones.
I agree with Mike Spindell and I also want to state that the school district got off pretty cheaply here. $350,000 is a pretty small sum for this egregious situation.
Mr. Blott, I do *not* think that this teacher should return to the classroom, but I was remarking on your gratuitous slam of (I presume) the National Education Association (the “teacher’s union”). And your user name is wrapped in a link to an on-line continuing education resource. So being snarky in a comment which bears a link to a product in which you presumably have a vested interest strikes me as counter-productive.
There is no question in my mind that this woman should never teach again. There are mistakes due to bad judgment or error which can be forgiven. This person went beyond that to prove by this action that she has no comprhension of what she is doing, or supposed to be doing.
millsapian87, Please elaborate. Why do you think this teacher should be allowed to return to the classroom. What do you think I am selling? Notice how some people use their real name and some do not?
Michael Blott: being an a-hole isn’t a very good way to attract customers to whatever vaporware it is you’re selling.
“The vote by his classmates was to toss him out of class by a 14 to 2 margin.”
I am so really proud of the two children that voted against his expulsion.
Seems to me, they are brighter and more compassionate that their teacher! AND they are children…
Unfortunately this teacher has taught a lesson that will never be forgotten. Truly, she should not be leading children, and I wonder why the parents at this school allow her to continue in a profession for which she is no longer qualified.
Let me guess, teacher’s union came to her rescue.
“Portillo testified twice she apologized to Alex’s family..
“Why did you apologize?” the district’s attorney Elizabeth Coke asked in cross-examination.
“Because she said to me that I embarrassed her son.” Portillo testified.
Not true says Alex’s mother, keeping a close watchon the hearing form outside the door..
“She lied under oath.” said mother Melissa Barton, “I asked him how he felt and he said I felt bad mommy, and she slammed her hand down on the table and pointed at him and said no you didn’t.”
“She did not apologize to me. She never apologized to me. Never.”
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Portillo’s lawyer stated publicly that she “is just very happy to be back in the classroom doing what she loves to do.”
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Lucky, lucky kids