Classmates Vote Autistic Boy Out Of Kindergarten
Monday, August 03, 2009 (09:33:15)

Posted by sylvia

WFMY

A story out of Florida is raising eyebrows.

A five-year-old boy was kicked out of his kindergarten class because the other kids voted him out, Survivor style. Now a lawyer for the family says they're going to sue.

Alex Barton, who is autistic, hasn't been to Morningside Elementary School in Miami since May 21st.

He doesn't want to go back, not to any school.

"Because some people pick on me," Alex says.

He hasn't forgotten what happened to him that day. His classmates voted Alex out of the classroom.

Alex, who had not at the time been diagnosed as autistic, had been sent to the school office a couple of time that day for having his shoes on the wrong feet, throwing crayons and hiding under the table.

When he returned to the classroom the second time, the teacher, Wendy Portillo, brought alex to the front and asked each child, in her words, to tell Alex what they don't like about him. Portillo, does not deny any of this.

In the police report, Portillo says she felt if Alex heard from his classmates how his behavior affected them that it would make a bigger difference to him. Then the children voted

The St. Lucie County School District reassigned Portillo away from students while it investigates. Law enforcement officials say they will not file criminal charges because they found no evidence of emotional child abuse.

But the attorney representing the family notified the school board they are pursuing a civil action.

Alex was not in the exceptional students program because he'd only been going to Morningside since January and the school's evaluation of had not been completed.

His mother says she's not sure where Alex will be going to school in the fall but it won't be Morningside.