Voted Out of Kindergarten by Classmates, Autistic Boy, 5, Gets $350K Settlement

[HuckleB]

http://www.abajournal.com/news/article/voted_out_of_kingergarten_by_classmates_autistic_boy_5_gets_350k_settlement/

"The family of a 5-year-old boy who, at his teacher's suggestion, was voted out of his kindergarten class by the other children has won a $350,000 settlement of a federal lawsuit.

About $150,000 of the money will be paid in structured settlement, starting in 2020, when Alex Barton is 18 years old and continuing until 2032, TC Palm. The remaining $200,000 will be paid within 30 days.

The settlement with the St. Lucie County School Board and the St. Lucie County School Classroom Teachers Association in the Southern District of Florida suit must still be OK'd by a guardian ad litem and the court before it is final.

...

Alex Barton, who was being tested for a mild form of autism at the time of the 2008 incident, was reportedly brought to the front of the Port St. Lucie School classroom by his teacher, Wendy Portillo. She gave each of his classmates a chance to say what they didn't like about him, according to his mother, then allowed them to vote on whether he should be allowed to stay in school. He lost, 14-2.

..."


---------------------------------------------------


More perspective on the story can be found here: http://leftbrainrightbrain.co.uk/2010/12/alex-barton-wins-350k/



---------------------------------------------------


For what it's worth, I think he deserved more.

I'm glad that he and his family took steps to get what justice they could.

[LeftishBrit]

1. Glad to hear that!

I remember reading about that incident. Shocking - both for the cruelty to the victim, and because the other children were essentially being *taught* to be bullies.

[HuckleB]

9. It's horrifying.

This case certainly makes it all the more difficult for the majority of good teachers and good parents to trust one another.

[bluestateguy]

2. Looks like he's been spared a lifetime of student loan debt

Can I call up my old Kindergarten classmates and ask them to retroactively vote me out?

[HuckleB]

10. Bzzzzt.

:eyes:

[WinkyDink]

50. You could ask us instead.

[mazzarro]

3. Is Wendy Paying Any Portion Of The Settlement? -- n/t

[msanthrope]

23. No--but her union is. And they should. They defended this asshole--got her reinstated. n/t

[kath]

106. She's still teaching?!?! Jeebus H. Christ on a trailer hitch.

[msanthrope]

107. It gets better, She got moved to 6th grade, and discriminated against ANOTHER disabled student.

And got more training.

See the links in post 11.

[Rage for Order]

49. How DARE you attack a teacher!!!!!

They have the toughest, most thankless job in the world! And none of them are ever wrong! Why are you advocating union busting and attacks on teachers????



:sarcasm:

[msanthrope]

111. I know. How dare I suggest that a self-cleaning of the profession is in the best

interests of both the profession, and the children it serves.

[lumberjack_jeff]

Why was the teacher's union a defendant? n/t

[msanthrope]

13. Because they defended this asshole, and got her reinstated after suspension....

and then she discriminated against a hearing-impaired child...

Portillo, a tenured teacher, still works for the public school.

[tomm2thumbs]

54. I believe she also received her tenure back

think of it what you will

[msanthrope]

59. Not only did she get her tenure back, when she discriminated against ANOTHER student,

she got 'training.'

Again...

Federal investigators say Wendy Portillo and two other teachers failed to provide an appropriate education for a little girl who was partially deaf.
SNIP

In the latest case, a report from the U.S. Department of Education Office for Civil Rights found evidence that Portillo and two other teachers discriminated against a girl with a hearing impairment at Allapattah Flats K-8 School.

SNIP

"That one teacher never wore the microphone and screamed and yelled at the student to pay closer attention." The report says another wore the microphone, but did not turn it on, and "laughed sarcastically in the face of the student".

Federal investigators found, "The weight of the evidence establishes that the microphone was not being used by all three teachers consistently every day".

http://www.wflx.com/Global/story.asp?S=13089647

[tomm2thumbs]

69. gawd -

how many things has she done that no one even hears about - the more subtle and perhaps harmful ones?

[BrklynLiberal]

4. The teacher should be publicly flogged....and the money should come out of her salary

What A horrible woman!!!!!!!!!!!!!!!!!!
I cannot believe that she was given her job back!!!!!!!!!!!

[patrice]

8. ? That's a real Liberal attitude you have there, NOT! & Don't try to tell me that I think

she's okay, it's more just that you're the same thing she is, just on the other end of the spectrum.

But then, maybe you were kidding. I just don't do well with people who don't mean what they say.

[Quantess]

12. She probably doesn't deserve to get her job back.

Forget the flogging, but what she did is extremely unprofessional.

[patrice]

14. That's what I'd do. She proved very clearly that she is a BAD teacher and just

refraining from similar actions in the future isn't going to fix that.

[msanthrope]

18. She didn't refrain from similar actions in the future.....

sadly, she went on to have another lawsuit filed against her, on behalf of a hearing-impaired child she discriminated against....

she has tenure, hasn't been fired.

[tammywammy]

34. Do you have a link for that?

TIA

[msanthrope]

36. See post 11. Note that the mother of the 2nd complainant is also a teacher.

Further, note that union is paying part of this settlement.

[tammywammy]

38. Thanks for pointing out the post

I had missed it.

Very disgusting that she's still teaching. Not one but two discrimination complaints, she should be fired and never around children.

[donco6]

5. That's just bullying - and by an adult, no less.

I hope she's no longer teaching. That's inexcusable.

[msanthrope]

15. Her tenure, and union advocacy got her reinstated. Then she picked on another kid.

She still works for the school district.

[donco6]

19. Insane.

That's one I have a hard time believing any teacher would ever support. At least, not one I have any respect for.

[msanthrope]

22. Oh--her union, who is paying part of the settlement, defended her vigorously.

I know this case very well because it is a landmark in Florida---where abuse of autistic children in public schools is systemic.

Her union supported her, and got her reinstated. Lots of teachers showed up as she cried and lied about the incident....

"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.""

http://health.change.org/blog/view/should_wendy_portillo_still_be_teaching

And she still has ANOTHER suit pending, this time from the hearing-impaired child she discriminated against.

[donco6]

48. I really hope we wouldn't do that here.

But I'm not entirely sure. :(

[msanthrope]

52. Post # 41--I don't think, however, that's representative of good teachers here.

And we do have good and great teachers here.

:-)

[liberalhistorian]

86. I grew up surrounded by teachers as my parents were both

teachers (retired now and paying the bulk of their pensions for his nursing home care due to early dementia, leaving mom very little to live on-all of those decades of hard work for nothing, frankly), and they would be the first to agree with you. They had no trouble reporting inappropriate/abusive/bad teachers and neither did the vast majority of their colleagues. Of course, you have your bad teachers like this one, every single profession has their rotten apples that should never be in it. They'd also be the first to agree that she should be fired and permanently banned from ever working with children in any capacity again.

[Name removed]

65. Deleted message

Message removed by moderator. Click here to review the message board rules.

[msanthrope]

70. I am truly glad you agree with me. She should be shitcanned.

I also think she should pay back her union for her defense.

[Catshrink]

73. I'm sure you are.

You need to put this date on your calendar so you can celebrate it every year: the day you had a legitimate reason to rail against a bad teacher. I really don't know how you can contain your glee at this momentous event. Finally - something to justify your hatred. It must be truly exciting for you. Rah.

[msanthrope]

77. Do you think I revel at an autistic child being abused? No. A hearing-impaired

child being denied services?

Taxpayers paying damages?

A union paying for their fuck-up?

No.

But do I rejoice at the public airing of just how few resources are available for the autistic poor and middle class? Yep.

Wendy can learn some basics of human interaction at a food-service window, as far as I am concerned, if she can be shown to refrain herself from fucking up the food. But interacting with kids?

Please.

[Catshrink]

79. No, you're enjoying the chorous of others agreeing that there's a bad teacher.

It's so obvious.

[liberalhistorian]

88. +100

Amazing, isn't it? Not to mention disgusting.

People have no clue what it was like for teachers prior to unions and collective bargainin; my parents began in the early sixties, before unions, and conditions and pay for them were horrendous.

[Catshrink]

90. It truly is.

For some people, the anti-union thing is pathological. I really think it could be the result of some real or perceived injustice and this is the way to get back. Who knows?

[NashVegas]

114. Jealousy. Our Masters Like It That Way

Keep people at each others throats and you can get away with just about anything.

[formercia]

6. That could have been my son.

Luckily, the school he attended has a wonderful intervention program and, they even assigned him a personal assistant to help him in class. I don't mind paying my property tax. It gets spent wisely.

[HuckleB]

30. +1

[liberalhistorian]

93. My son has Asperger's Syndrome and was also very fortunate

to have been in an excellent district with good support and a supportive attitude. He only had one problem with one particular teacher in middle school, and that was more of a case of her being an older teacher who didn't quite understand him or his needs and not due to any abusiveness or deliberate maliciousness. And my mom, being a retired teacher, knew how to communicate with her get her to understand better, which she was willing to do.

Not all districts are like that, unfortunately, but I'm glad my son's was.

[LiberalAndProud]

7. Good. But WTF is wrong with that school board?

The teacher who held the vote, Wendy Portillo, was originally suspended a year without pay. The school board has reversed the decision and has reinstated her.

I thought a year suspension was most generous, yet the woman is already back in the classroom. Can someone explain this to me?

[msanthrope]

17. Tenure, strong union advocacy for her, and pressure on the school board

from teachers....

Of course, then she got back in the classroom.

And got named in another lawsuit--because she discriminated against a hearing-impaired boy....

One wonders what the hell it takes to fire a tenured teacher.

[LiberalAndProud]

21. I am supportive of the union, but I really wish they would revisit this policy

of defending the indefensible. Their actions do keep bad teachers in the classroom, and this weakens the union's position on so many more important issues. This will be the unions' achilles heel, and our entire educational system will suffer for it, beyond the damage of keeping people in the classroom who have no business educating children.

[msanthrope]

25. Thank you--and you are correct.

The inability of the unions to jettison the indefensible works against them. Tenure is not supposed to keep bad teachers employed. Union advocacy is not supposed to support people like this....

This union deserves to pay part of the settlement.

[immoderate]

75. It's not fair to blame the union.

As a member she deserves a defense. That's the union's job. They can't be the judge too. Conflict and all that.

Blaming the union is like blaming a defense lawyer when the criminal goes free. Should we provide no defense to those who are accused? How about good defense for those wrongly accused -- and lousy defense for those we have prejudged to deserve punishment? How does that work in practice?

--imm

[msanthrope]

81. Of course it is--she admitted the actions. That the actions were not repugnant to the union is to

the union's shame.

The union has no constitutional duty (unlike a lawyer, making your comparison a poor one) to defend what it finds repugnant, nor a contractual one...which is why you don't find teacher's unions in Florida fronting lawyers for teachers who molest their students. No union need defend actions that are contrary to its mission, or to the behavior codes it sets for its members.

The union chose its course, and that's why it is paying damages--out of choice.

[Catshrink]

91. Awwww

be careful... your resentment is showing.

[liberalhistorian]

94. But you do realize that not every single complaint against

a teacher is justified or true, and that, like all accused, teachers have the right to present their cases and their side of the story? Just because a student or parent claims something doesn't automatically make it true. It is very easy for vindictive/resentful/spiteful/lazy students or coddling, entitled parents to make a complaint against a teacher and unjustified complaints can really fuck up the lives and careers of really good teachers. That is part of how the unions first developed the "circle the wagons" mentality.

While I disagree with that mentality (and so would my parents), one can see where it comes from. My stepdad was even physically attacked by a student in class once and did not defend himself because he was afraid of being accused of assaulting the student, which very easily could have happened. Especially when you give bad grades the student has earned but which the student and/or parents think the little darling shouldn't have been stuck with. That is a HUGE issue, grading, since many entitled parents and students nowadays think their little darling should just be given good grades for showing up in class and any bad grade is always the teacher's fault and never the result of the student not doing the work and/or screwing around in class.

[msanthrope]

102. Certainly. But here, this teacher admitted holding the vote--

This was not a case of being falsely accused.

Nor was her second case about being falsely accused, unless you think that the second complainant--a teacher--is lying.

[msanthrope]

103. Certainly. But here, this teacher admitted holding the vote--

This was not a case of being falsely accused.

Nor was her second case about being falsely accused, unless you think that the second complainant--a teacher--is lying.

[Catshrink]

89. +1000

[msanthrope]

11. Please note that the teacher involved was not fired--she had tenure, so she was suspended, given

training, and then allowed to teach again....per her contract.

And then she promptly discriminated against a student with hearing impairment.

and she was suspended, and given more training....

http://www.theautismnews.com/2010/09/08/teacher-wendy-portillo-named-in-another-classroom-complaint/

Guess where Ms. Portillo, tenured teacher, still works????

I know about this case because it was/is a very big deal in autism-legal circles. It is a prime example of how children with autism are routinely discriminated against by teachers, and those teachers are protected by tenure.

http://www.aspieweb.net/port-st-lucie-portillo-barton-aspergers/

http://www.graphictruth.com/2008/12/neurotypical-should-not-mean-abusive.html


Ms. Portillo simply didn't like having an autistic kid in her class.

[Catshrink]

92. So therefore tenure is bad for everybody.

Got it. Throw the baby out with the bathwater. One note.

[suston96]

16. Autistics can succeed.......

Temple Grandin

http://www.imdb.com/title/tt1278469/

[madrchsod]

20. at least two kids knew it was wrong.

i can`t believe any teacher could be that stupid and cruel. i hope she never teaches another child for the rest of her life.

[msanthrope]

29. She's still teaching for that school district. It's called tenure. n/t

[Catshrink]

66. Yeah. and because of this all teachers should be denied "tenure," right?

All teachers should be denied the right to due process because of one monster. OH you are happy tonight. You've got ammunition to justify your hatred and resentment of teachers unions. Oh happy day!

[msanthrope]

82. Where was the substantive due process for this autistic child?

Tenure is contractual.

The only person whose substantive due process civil rights were violated was the STUDENT.

Not the employee who abused him.

Where did Wendy Portillo suffer a lack of due process?
In her review?
In her suspension?
In her review and appeal of her suspension?
In her reinstatement?
In her denying a hearing-impaired child her right to an education?

When has Wendy ever been denied her right to be a dumbass?

[Catshrink]

85. And because of the actions of one teacher....

all teachers should be denied due process. I'm not talking about what's her name. I'm not talking about the student. I'm talking about how people with an anti-teacher, anti-union agenda will use this to further their cause.

It's too bad that what's her name gave them the ammunition. She makes us all look bad.

Yeah, I know. What about the children? Please.

[msanthrope]

104. You are conflating due process with tenure. It's possible to have the former without the latter.

But, as Ms. Portillo has proven, having the latter can deny CHILDREN the right to the former.

[CurtEastPoint]

24. Here's Ms. Portillo, distraught, along w/Alex. How odd ...

that a female of color would not understand what DISCRIMINATION is.

[msanthrope]

26. Willful ignorance knows no color. n/t

[msanthrope]

27. Deleted duplicate. n/t

[JVS]

28. The kid hadn't been diagnosed yet when this happened

[HuckleB]

31. And...?

:shrug:

[JVS]

35. So maybe some of the self righteous people attacking the monster who would do such a thing to...

an autistic kid might want to exercise a little control in their outrage. Or not, if that's how they get their kicks.

[msanthrope]

37. How do you defend against her discriminating against the hearing-impaired student, then? Further,

she knew he was being tested, according to the complaint.

[Posteritatis]

40. I'm willing to attack any teacher who pulls that stunt on any kid as something of a monster. (nt)

[lumberjack_jeff]

44. Thanks but my outrage is well targeted and adequately controlled.

I disagree that instructing the other kindergarteners to vote the weak link off the island is appropriate so long as the child hasn't yet been diagnosed with autism.

[CBGLuthier]

46. who cares if he is fucking autistic or not.

The teacher was an asshole. Period. And I think that is rightly righteous.

[Name removed]

56. Deleted message

Message removed by moderator. Click here to review the message board rules.

[HuckleB]

62. It doesn't matter if the kid had a diagnosis.

That's the point.

Hello?

:shrug:

[JVS]

108. It's mitigating

[msanthrope]

112. What mitigates her discrimination against a hearing-impaired child? n/t

[HuckleB]

116. No, it's not.

There is no basis to do this to any kid. Period.

End of story.

[JVS]

117. Mitigate does not mean justify

[msanthrope]

118. Again, what mitigates her discrimination against a hearing-impaired child?

You seem to think that although she knew the kid was getting tested (per the complaint) because there was 'no diagnosis,' this somehow mitigates what she did to this kid.

As if this behavior is acceptable to any child.


You also refuse to address the later case of discrimination.

[HuckleB]

129. I didn't say it did.

The lack of mitigation remains.

[msanthrope]

32. And? This is okay to do to the neurotypical? What about the hearing impaired student?

She had been diagnosed, and she still discriminated against her.

[LiberalAndProud]

33. Does that matter?

This would be emotionally devastating for any child, autistic or not. I have vivid memories of behing humiliated before my peers by a teacher. It's an experience that never leaves you. The child's autism contributed to his behavior, not the teacher's.

[WinkyDink]

55. NOT THE POINT.

[Odin2005]

97. So fucking what?

[Ian David]

39. When I was substitute teaching, I once had an autistic child in the gifted & talented class.

Yes, he was irritating, but he was also charming and one of the smarter kids in the class.

His main idiosyncrasy was that he would get up out of his chair and come see the teacher whenever he felt like it, regardless of what else was going on at the time.

I was told about this ahead of time, and just dealt with it, and it wasn't that big a deal.

[Gabi Hayes]

41. so fffing WHAT? I love these threads where all the union bashers crawl out of the woodwork to a

advance their agenda.

how come there aren't any threads covering the following, while there's always a weekly teacher outrage over which the anti-union crowd can lick their jobs?

good job!

those goddamn unions and their defending teachers ACCUSED of wrongdoing. too bad this poor lunatic's union didn't abandon her from the getgo. she deserves no defense, right? just like the following, right?

hang'em, then try'em:

The nightmare of the respected teacher falsely accused of ...
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interesting how the ratio of bad teacher/craven union threads outnumbers any mention of the above isn't it?

why is that, here on a supposedly democratically oriented thread?

let me reiterate, I'm not defending this teacher, or her union, for that matter, for the lengths to which they apparently went in advocating for her continued employment (don't you ALL wish you had someone powerfully at your own back, though, if you'd been placed in a similar position?)

well, just be patient: your fondest wishes aren't too far away from being granted....most unions in this country will be going the way of the progressive democratic party that gained for us the things that we cherish as a civilized society.

you know......a five day work week, child labor laws, OSHA, SS, Medicare, minimum wage, disability/unemployment insurance

just glad I won't be around when all your fantasies are fulfilled

welcome back to the Gilded Age, union busters

gloat on

[msanthrope]

43. Yes. You are defending this teacher. FYI--Portillo was never 'falsely accused.' She admitted she

did it. (The vast majority of your links don't work, FYI.)

"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.

"Ok, 5-10, and they counted 11,12, and it turned out it was 14 to 2. And I said Alex we are sorry we are not ready for you at this time.""

http://health.change.org/blog/view/should_wendy_portillo_still_be_teaching


She never denied that she held the vote.

Never denied she knew Alex was being tested. (per the complaint.)

Further, she went and discriminated against a hearing-impaired student after this incident and reinstatement....

As was pointed out upthread--if the unions will not jettison trash, then it will be the ballast that weighs you down.

[lumberjack_jeff]

45. So what?

Her malfeasance cost the taxpayers and the other teachers in her district $350,000.

The union that rallied around her cause brings into question their professionalism in general.

The students are the ONLY ones in the school with a civil right to be there.

[LiberalAndProud]

51. I am not in favor of union busting.

There has to be a way to both protect those teachers who have been falsely accused and the children who directly bear the cost of keeping the unfit educators in the classrom. These two goals don't have to be at odds with each other, do they? Or maybe they do. Everything in our society is adversarial, from the court system to the educational system, it seems.

[msanthrope]

53. No union need be busted. But self-purging of the profession must happen from within, or it

will be done by outsiders.

That is the way things go.

[Catshrink]

68. OMG, hell just froze over.

[msanthrope]

74. Catshrink, quite a few of us here on DU are pro-union, but not pro-stupidity.

A few well-reasoned, well-sourced OPs--where questions were answered, as opposed to mocked, would go a long way.

[woo me with science]

76. +1000 nt

[Name removed]

78. Deleted message

Message removed by moderator. Click here to review the message board rules.

[msanthrope]

83. The point? How about favoring us with a reason to support you beyond knee-jerking?

Do you really think that teacher's unions are 'owed' support and respect? You have to earn and prove it. Just like everone else.

[Catshrink]

87. Got ya!

It didn't take too long to draw out your hatred of the unions.

Are you talking about me earning respect or the unions? Did I say anything about it being "owed?" You love, just love to read or misrepresent the opinions of others. Your hatred and resentment of the unions is so great. I gotta wonder what happened.

Oh... I thought you said you were pro-union a few posts back -- or was that just bullshit trying to convince someone who doesn't know you that you're magnanimous?

[liberalhistorian]

98. Tell ya what. You go be a teacher

for a couple of weeks or a month, totally on your own, responsible for all lesson plans, everything, no outside help, responsible for all of the recalcitrant kids who cause trouble and don't want to be there or do their work (and believe me, there are plenty of those), and then deal with all the coddling, entitled parents who want their little darlings to be given A's just for showing up and they then shouldn't have to do any other work and any bad grades are the teacher's fault, get very little breaks during the day, maybe twenty minutes for lunch (unless you have lunch and/or recess duty, then forget about any chances to catch your breath and get a break), deal with administrators and school board members who have parents breathing down their necks and who kowtow to those parents without barely even listening to you, realize that without a union or tenure you could be fired tomorrow at the whim of a parent who didn't like a particular grade you gave and who whined about it demanding "something be done" (never mind that the bad grade was earned or that the little darling mouthed off and misbehaved in class and never did his work).

You go do that for a few weeks or a month and THEN you can come swaggering back in here spouting all of your great wisdom on the evils of teachers and tenure and their unions. Because then, just then, you might have some little tiny idea of just what the fuck you're talking about. And you won't tarnish an entire group for the unprofessional and inappropriate actions of a few.

My parents worked their asses of as teachers for decades and the thanks they get for it is my mom barely scraping by since my stepdad's early-onset dementia began in his late fifties and he had to retire several years before the full retirement age and now the bulk of both of their pensions are used for his nursing home care, with Medicaid picking up the rest, meaning mom can have very little in the way of any assets at all. But you would have the nerve to take away what little security they had in their careers.

[msanthrope]

101. I've been a teacher.

Before I went to law school I was a teacher for a few years.

I taught dual-diagnosed children who had been adjudicated into the system.

Every single student I had was on an IEP.

If you think I am spouting off on the evils of tenure, then kindly understand that I watched it, first hand, be used as a tool to retain the worst teachers--teachers who shouldn't be allowed NEAR children.

For example? How about one of my co-workers, who on my first day of teaching, handed me a list of students. These were, according to her, 'the lesbians.'

When I coud pick my jaw up off the floor, I asked why this teacher had given me this list....and I was told that I needed to know who the lesbians were, so that I could 'protect' myself. This teacher? Tenured on a mental health waiver--as in, the district approved her tenure, even though she had a major psychiatric disorder, after union pressure.

Another co-worker, given tenure although he had multiple abuse allegations. He pinched one student's nipple--in my presence, mind you. The union helped him keep his job.

I watched my tenured co-workers abuse children who were the most vulnerable and get away with it--because the tenure they had kept them from any real punishment. And the complaints I supported or filed? I was told it would affect my tenure.

I cannot recall a SINGLE teacher who used tenure to truly protect their academic freedom. I recall a whole hell of a lot of people who shouldn't be anywhere near kids...and I recall the VAST majority of their co-workers who kept silent.

So under your rubric, yeah, I get to bitch.

I am sure your parents were fine teachers who deserve more help and support now than they are getting.

[Catshrink]

115. Oh ouch.

Because of your experience in one school, you're on a tear to demonize and punish all teachers. Maybe it wasn't the union that should be held accountable - it did its job. The people who didn't do their jobs were the administrators.

[msanthrope]

121. Why shouldn't the union be held accountable? Its actions were indefensible---

"•That as late as March 2009 the Bartons and the St. Lucie County School District had agreed on a plan to let Alex continue at Northpoint Elementary but that the teachers union refused to accept the child and threatened to sue if he or other "unwanted" children were placed in a class;"


http://www.palmbeachpost.com/opinion/content/opinion/epaper/2009/09/02/a12a_votedout_leadedit_0903.html

That's why the union is paying for part of the settlement....

[tomm2thumbs]

57. your copy-pasted links are not all functioning - just so ya know before posting again

thought it would be helpful to letcha know

[HuckleB]

71. Your red herrings serve one purpose on a thread like this...

... and that is to advance the stigma of people with autism.

That's some sick crap.

:puke:

[Odin2005]

99. Wow, disciplining a bully teacher is union-busting?

FUCK THAT BULLSHIT!

[msanthrope]

105. Yes.

Here, you have a union paying damages for its actions.

You also have a teacher who continues to teach--despite two substantiated discrimination complaints, due to tenure.

To note the circumstances that keep Ms. Portillo employed is to union-bust.

[uppityperson]

42. Letting kindergartners decide? How unprofessional can that be?

[mike_c]

47. what a sweet widdle lesson in mob justice....

WTF was that teacher thinking?

[liberalhistorian]

100. She wasn't thinking at all, that's the problem.

She should have been fired and permanently banned from ever working with children again.

[WinkyDink]

58. ANYone defending this outrageous teacher act is completely lacking in empathy.

A LITTLE CHILD was singled out and OSTRACIZED by his peers UNDER THE AEGIS OF HIS TEACHER, "in loco parentis."
"She gave each of his classmates a chance to say what they didn't like about him...."

I was a teacher, and I make no bones about calling out members of the profession when they are in the wrong.

[msanthrope]

60. Jettison the trash--or it will be the ballast that takes you down.

This kid was FIVE and a teacher encouraged other kids to tell him what they didn't like about him...

[HuckleB]

61. Absolutely correct! -eom-

[Catshrink]

67. She was definitely wrong. I can't imagine.

Yeah, dealing with certain situations are stressful and difficult. But there is no excuse for that.

[Politicalboi]

63. Where are the parents of the kids in her class now?

If I knew my childs teacher was a bully and did what she did, I wouldn't want my kid in her classroom. Maybe if more parents took note and also took their kids out of her class, she will get fired.

[MrScorpio]

64. Reality is not a reality show

You can't vote people that you DON'T like off of the island

[HuckleB]

72. +1

[HuckleB]

80. It's interesting to see unrecs in regard to this story.

Are there really DUers who think it's ok to "vote a kid out of his kindergarten class."

Really?

:shrug:

[msanthrope]

113. It's union/teacher defense at all cost.

It's why this union is paying out money.

[bluestateguy]

84. For the record, I support this settlement

I made a snarky reply in #2, but make no mistake, the settlement is appropriate.

[Kalyke]

95. I'd call the teacher a bitch, but that would be a disservice to female dogs,

who would never treat a child like that unless they'd been trained by someone like Michael Vick to do so.

[Odin2005]

96. YAY! the folks defending the teacher disgust me.

[Klukie]

109. What the teacher did was wrong but...

this issue speaks to a real problem that exists in our schools (at least my kids school). The problem lies in the fact that the teachers are forced to assimilate children that are not up to grade level in terms of academics and behavior. Whether it is autistic children or ADD/ADHD, these teachers are trying to run a classroom with 20+ students and their hands are tied when it comes to behavioral disruptions. They lose a lot of time and there is a lot of frustration having to try and keep a structured setting with no help or support. Why can't kids that have behavioral or emotional deficits be placed in another classroom until they meet a certain standard?

[msanthrope]

110. Yes. Why don't we segregate these children, lest the neurotypical be bothered by them.....

Of course, the hearing-impaired student she discriminated against just should have been segregated out, too, right?

Portillo is an ECE-certified teacher. Not for anything, but she is certified by the State of Florida as having special ed training. She's supposed to be able to handle this kind of stuff, not be a dumbass.

[Klukie]

119. look...we cannot be so politically correct that we do not address problems!

I am talking about behavioral issues and this is not about segregation it is about fairness for all including the children who have behavioral issues. Leave them in the classroom and they disrupt the other children AND they don't receive the proper positive attention they deserve. Good lord we need to have some common sense. Portillo may have been certified in special ed but that does not mean that this was a special ed setting and there lies the problem. As I said before, what she did was wrong. I still stand behind my original thoughts on the matter that this is a larger problem. Disruption is a problem, no matter what the reason and there should be standards set and if the child cannot meet them then they should have to work on those skills in another setting before returning to the classroom.

[msanthrope]

122. Can you name the behavioral issues the kid actually had?

I mean, considering that the teacher, according to the complaint, rigged the vote, put her hands on the kid, and had no problem yelling at the mother, I'm not so sure it's the kid who is being disruptive--


"Ms. Portillo stood Alex in front of the class, according to the suit, told him, "I hate you right now," let the other children list the reasons they also hated Alex and then made the students vote. But when too many wanted Alex to stay, Ms. Portillo "did not take no for an answer" and "persisted in having the children change their responses" until Alex lost, 14-2.

The lawsuit also alleges:


•That Ms. Portillo yelled at and threatened Alex's mother, Melissa Barton, and blocked her from leaving the classroom after Ms. Barton asked about the Survivor vote;


•That in days prior to the vote Ms. Portillo repeatedly stepped on 5-year-old Alex's feet, "dug her nails into his legs and arms" and lifted him off the ground by grabbing his collar;"


http://www.palmbeachpost.com/opinion/content/opinion/epaper/2009/09/02/a12a_votedout_leadedit_0903.html

[Klukie]

125. As I said before..she was wrong

[Odin2005]

120. This autistic person is deeply offended by your post.

[maryf]

123. What a shame that this thread has been so co-opted...

I was cheering for the kid when I read the post, and still am...and I'm a teacher...but many people here are using this kid as a springboard for their complaints...

Walk a mile in the shoes...

[msanthrope]

124. The teacher's union was a named defendant, and

part of the discrimination....and they are paying part of the settlement for their actions.

according to the complaint, they actively blocked this kid from going to any Port St. Lucie School. The family had to leave the school system.


"•That as late as March 2009 the Bartons and the St. Lucie County School District had agreed on a plan to let Alex continue at Northpoint Elementary but that the teachers union refused to accept the child and threatened to sue if he or other "unwanted" children were placed in a class;


•That Morningside assistant principal Patricia Gasgoine once confronted the Bartons when they picked up Alex's older brother from school and "proceeded to press her behind against the car door to expose her rear end to the occupants;" and


•That because of a confrontation with a mob at the school and other threats, the Bartons have had to move to Martin County."



http://www.palmbeachpost.com/opinion/content/opinion/epaper/2009/09/02/a12a_votedout_leadedit_0903.html


You may call it co-opting, but the actions of the union, which sought to have this woman reinstated rather than fired--are central to the case and to the treatment of disabled children in that district.

[maryf]

128. A union's job is to protect the jobs of their workers...

Many union reps might have a problem with some people they have to represent, but so do public defenders. The union is worried about the conditions of a worker's job.

It is the teacher's job to teach the kids (well, we hope). It is the union's job to make certain the teachers have conditions in which they can do that. There are laws that will remove egregious teachers, and it is up to the court to see them followed. The union is like a public defender, they are required by law to defend their worker's job rights. They could be sued by the teacher if they didn't follow that law.

No teacher should treat a disabled child poorly, or any child. The fact that the teacher did not know the child had autism when she committed the unwise act (regardless of later actions), may well have played a role in her keeping her job.

[Liberal_in_LA]

126. I hope Wendy Portillo lost her job

[HuckleB]

130. She didn't.

[Darth_Kitten]

127. Those two little kids who voted FOR him I respect.

:)

Forced to do something stupid, they refused to boot out the boy. Good for them. :)

[AlienGirl]

131. Sounds a lot like some of the things I went through in school!

I, too, got the experience of the teacher having all my classmates tell me what was bad about me--but at least they waited till I was in seventh grade to do it. And then the tenth grade English teacher allowed students to turn in poems about why they didn't like me as an assignment.

Tucker