Autistic Boy Voted Out of Kindergarten Gets Even

Survivor has never been more cut throat. Richard Hatch would be proud

By TODD WRIGHT

Updated 9:24 AM EST, Fri, Aug 28, 2009

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We all know kids can be cruel sometimes, but what happened to 5-year old Alex Barton was just plain wrong.

The kindergartener was voted off the island essentially by his classmates last school year and now his mother has filed a lawsuit against his school, school board, teacher and pretty much anyone else whose name could fit on the piece of paper.

The complaint submitted Thursday in federal court alleges Barton suffered irreparable damage when he was booted out of his Port St. Lucie classroom.

The boy’s teacher, Wendy Portillo, put Barton’s fate in the hands of classmates after he was repeatedly disruptive in class. The “Survivor”-style vote ended with Barton marooned.

The class voted 14-2 to give him the boot.

Melissa Barton said that on May 21, 2008, her son Alex was "forced to stand in front of his peers and be told why 'they hated him,' with such comments as [Alex] is 'disgusting' and 'annoying,' 'He eats crayons,' 'Lies on the floor,' 'He eats paper' and 'He
eats his boogers."'

Barton didn't return to the class and finished the year in homeschooling, and has since been diagnosed with a form of autism called Asperger's syndrome, which may have caused his behavior.

The school board initially suspended Portillo one year and stripped her tenure, but reversed itself in June.

Copyright Associated Press / NBC Miami

First Published: Aug 27, 2009 3:13 PM EST

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0 Comments

{"totSize":17,"payload_type":"json","status":"1","results":[{"anonName":null,"pathToMedia":"434889_55433212","adminTags":null,"views":7792,"createdBy":10787638,"createdByPathToPhoto":"116995/icons/defaultMember_116995_portrait.jpg","assocMediaId":null,"mediaName":"Autistic Boy Voted Off Kindergarten \"Survivor\" Gets Even","parentThreadId":null,"mediaId":1205116,"tags":null,"anonSiteUrl":null,"assocMediaType":null,"createdAt":"28 Aug 2009 20:21:18 GMT","anonEmail":null,"isVisible":true,"approved":true,"numComments":5,"reviewed":true,"createdByUsername":"fb_683153360","pathToPreview":"","mediaType":"EXTERNALMEDIA","commentId":"688544","subject":"","averageRating":0,"body":"My son has Asperger Syndrome, and I am would be right alongside Melissa and her son Alex. I am livid that the school board reversed its decision to suspend the teacher and strip her of her tenure. What sort of person encourages that sort of hatred and emotionally damage in her kindergarten classroom? Whatever happened to "plays well with others" and "treat others the way you want to be treated?" The fact that the boy has AS makes this even more disgusting, but I bet there would be uproar by the parents of ANY child who was subjected to this sort of abject humiliation at the hands of a supposed professional."},{"anonName":null,"pathToMedia":"434889_55433212","adminTags":null,"views":7792,"createdBy":7918844,"createdByPathToPhoto":"116995/icons/defaultMember_116995_portrait.jpg","assocMediaId":null,"mediaName":"Autistic Boy Voted Off Kindergarten \"Survivor\" Gets Even","parentThreadId":null,"mediaId":1205116,"tags":null,"anonSiteUrl":null,"assocMediaType":null,"createdAt":"29 Aug 2009 02:27:46 GMT","anonEmail":null,"isVisible":true,"approved":true,"numComments":5,"reviewed":true,"createdByUsername":"anonymous_user","pathToPreview":"","mediaType":"EXTERNALMEDIA","commentId":"689922","subject":"","averageRating":0,"body":"If the story is as reported here, it's absurdly cruel. <br><br>There is a teacher who needs to find a new line of work -- hopefully not working with children or the emotionally vulnerable. "},{"anonName":null,"pathToMedia":"434889_55433212","adminTags":null,"views":7792,"createdBy":7918844,"createdByPathToPhoto":"116995/icons/defaultMember_116995_portrait.jpg","assocMediaId":null,"mediaName":"Autistic Boy Voted Off Kindergarten \"Survivor\" Gets Even","parentThreadId":null,"mediaId":1205116,"tags":null,"anonSiteUrl":null,"assocMediaType":null,"createdAt":"29 Aug 2009 02:30:08 GMT","anonEmail":null,"isVisible":true,"approved":true,"numComments":5,"reviewed":true,"createdByUsername":"anonymous_user","pathToPreview":"","mediaType":"EXTERNALMEDIA","commentId":"689934","subject":"","averageRating":0,"body":"This was an undeniably disgusting way to handle this situation. The school district should have worked with the child to diagnose him and treat it correctly, or at the very least move this child to a classroom where the teacher wasn't so hateful towards him. I feel bad for the other kids in the classroom who were pressured by an adult to bully another student, even if they didn't like him I bet most of this kids would never have voiced their feelings to him directly."},{"anonName":null,"pathToMedia":"434889_55433212","adminTags":null,"views":7792,"createdBy":7918844,"createdByPathToPhoto":"116995/icons/defaultMember_116995_portrait.jpg","assocMediaId":null,"mediaName":"Autistic Boy Voted Off Kindergarten \"Survivor\" Gets Even","parentThreadId":null,"mediaId":1205116,"tags":null,"anonSiteUrl":null,"assocMediaType":null,"createdAt":"29 Aug 2009 03:03:06 GMT","anonEmail":null,"isVisible":true,"approved":true,"numComments":5,"reviewed":true,"createdByUsername":"anonymous_user","pathToPreview":"","mediaType":"EXTERNALMEDIA","commentId":"689992","subject":"","averageRating":0,"body":"The teacher displayed less maturity or professionalism than the two students who voted for the child to stay; way to be less compassionate and considerate than five year olds! Wendy: do the children (and future) a favor and resign; you've obviously proved your worth ... none."},{"anonName":null,"pathToMedia":"434889_55433212","adminTags":null,"views":7792,"createdBy":10801316,"createdByPathToPhoto":"116995/icons/defaultMember_116995_portrait.jpg","assocMediaId":null,"mediaName":"Autistic Boy Voted Off Kindergarten \"Survivor\" Gets Even","parentThreadId":null,"mediaId":1205116,"tags":null,"anonSiteUrl":null,"assocMediaType":null,"createdAt":"29 Aug 2009 03:12:57 GMT","anonEmail":null,"isVisible":true,"approved":true,"numComments":5,"reviewed":true,"createdByUsername":"meems3eb","pathToPreview":"","mediaType":"EXTERNALMEDIA","commentId":"690014","subject":"","averageRating":0,"body":"As a mother of a child on the autistic spectrum it makes me totally dumbfounded that a child , a special needs child could be not only ridiculed by his peers, but also by his teacher. As if he does not have enough to deal with regarding his disability. All I cane say is this teacher is unethical, unprofessional, and downright inhumane. She should be permanently let go and not be working with children."}],"error":"","totPages":4}