Payday Finally Arrives for Kindergartner Voted Out of Class
Case closed as $350,000 settlement for Alex Barton approved
A judge has approved the $350,000 settlement for the autistic South Florida kindergartener who was voted out of class by his schoolmates, ending the case.
U.S. District Judge Donald Graham approved the settlement and dismissed the lawsuit filed by the family of Alex Barton Wednesday, tcpalm.com reported.
The settlement, which was reached on Nov. 24 in Miami, will pay the family $200,000 immediately, followed by yearly payments when Alex turns 18 in 2020.
Alex's mother, Melissa Barton, said she's glad the case is closed but that the dollar figure still isn't enough.
"Money can’t take care of what they (the district) did to my family,” she said.
Still, it's a decent payday for Alex, who was kicked out of his Morningside Elementary class "Survivor"-style in May 2008. His teacher, Wendy Portillo, put Barton’s fate in the hands of his 16 classmates after he was repeatedly disruptive in class. The students were allegedly allowed to go before Barton and tell him why they didn't like him.
The class voted 14-2 to give him the boot.
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.
Two years later, Barton made the honor roll.
Portillo was suspended for a year, but has returned to teaching in St. Lucie County and had her tenure reinstated.
