“Melissa Barton said she is considering legal action after her son’s kindergarten teacher led his classmates to vote him out of class.
“After each classmate was allowed to say what they didn’t like about Barton’s 5-year-old son, Alex, his Morningside Elementary teacher said they were going to take a vote, Barton said.
“By a 14 to 2 margin, the class voted him out of the class.
“Barton said her son is in the process of being diagnosed with Aspberger’s, a type of high-functioning autism…
“Alex has had disciplinary issues because of his disabilities, Barton said. The school and district has met with Barton and her son to create an individual education plan, she said. His teacher, Wendy Portillo, has attended these meetings, she said.
“Barton said after the vote, Alex’s teacher asked him how he felt.
“He said, ‘I feel sad,’ she said.
“Alex left the classroom and spent the rest of the day in the nurse’s office, she said…
“Alex hasn’t been back to school since then, and Barton said he won’t be returning. He starts screaming when she brings him with her to drop off his sibling at school.
“Barton said Alex is reliving the incident.
“They said he was ‘disgusting’ and ‘annoying,’ Barton said.
“‘He was incredibly upset,’ Barton said. ‘The only friend he has ever made in his life was forced to do this.’”
As a former teacher, I certainly know the challenges that teachers often face, and I also realize how incidents which seem innocent and humorous in the classroom can sound ominous or harmful when relayed second or third or fourth hand to administrators or parents. That being said, if this news article is accurate, there’s no defense of what Wendy Portillo did in humiliating this little boy (pictured).
A few thoughts:
1) Sometimes a child will act up or act very strangely in class and the teacher may get in trouble later for disciplining the child or mishandling the situation because the child, unbeknownst to the teacher, had special needs or special issues. In this case, however, Wendy Portillo knew all about the special problems this boy had– she had attended meetings where the boy’s disability was discussed and plans were made on how to help him.
2) It is true that teachers are human like anybody else and can lose their temper in a difficult situation like anybody else. However, what Wendy Portillo did went far, far beyond losing her temper. This was hardly a short, quickly regretted outburst, but instead prolonged psychological abuse of the little boy.
3) It is quite true that one disruptive student, or out-of-control student, or special needs student who is unable to control himself, can disrupt an entire classroom. While I make no excuses whatsoever for what Wendy Portillo reportedly did, it is also possible that she was supposed to receive more support services from the school and did not receive them.
For example, perhaps the boy was supposed to go to a specialist a couple hours a day for help. This is good for the boy, obviously, and also relieves some of the pressure on the teacher. It is not uncommon for schools to arrange this type of special services and then for the special services to be intermittent, or canceled due to funding cuts or personnel changes.
I experienced this once during the year I taught fourth grade. I had a boy in my class — a very nice, good natured boy who I liked — who did not know how to read. How he was in the fourth grade and why he was there when he did not know how to read is a good question.
Anyway, he received special services — for an hour or two a day he would be taken out of my classroom and would go to a specialist who would help him learn how to read. It was a good arrangement — the boy began improving, and I had at least a couple hours a day where I did not have to pacify a boy who was largely clueless as to what was going on in class because he could not read.
After about a month or six weeks of this, you can guess what happened — the reading class was eliminated, perhaps due to budget cuts, and the boy was dumped back in my class, making things more difficult for everyone involved–the boy, the other students, and myself. It is possible that something like this occurred with Wendy Portillo.
The full article is St. Lucie teacher has students vote on whether 5-year-old can stay in class (TCPalm.com, 5/23/08)–thanks to Chris. a reader, for sending it.
Glenn Sacks, www.GlennSacks.com
[Note: If you or someone you love is faced with a divorce or needs help with child custody, child support, false accusations, Parental Alienation, or other family law or criminal law matters, ask Glenn for help by clicking here.]
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No matter what the circumstances or what the boy did, there is absolutely NO EXCUSE for this behavior, especially at five years old. This is sickening.
EDIT:
I just read some of the comments to the original article and I am amazed at how many people are defending the teacher and even think it was a good thing.
I withhold judgment until the school tells their side of the story. The school is conducting an investigation, and acknowledges that there may be an incident of abuse here; but they’re saying no more, probably because they’re not allowed to due to privacy concerns.
Meanwhile, this mother is all over the newspapers and national TV, telling her side and often getting pretty outrageous. She should show similar respect for her own family’s privacy.
The one-sided story so far is frankly unbelievable. If there’s a teacher that stupid, the teacher certainly deserves to be fired. But that’s exactly why I have trouble believing it: as told, the story is so self-evidently stupid that I can’t believe a functioning adult could make such a mistake; but I could easily believe that a five-year-old with Asperger’s could misinterpret something and come up with this story.
I have an adult friend with Asperger’s. He says that misinterpreting social situations is a real pitfall for him, where he hears something entirely different than others did because his focus is on a completely different track of the conversation from those around him. He’s an adult, in treatment and aware of this possibility, and it still happens to him. How much more easily could it happen to a little boy who doesn’t realize he sees the world differently?
I withhold judgment until the school tells their side of the story.
From the original article:
The child’s mother filed a complaint with the school resource officer, who investigated the matter, said Port St. Lucie spokeswoman Michelle Steele said. But the state attorney’s office concluded the matter did not meet the criteria for emotional child abuse, so no criminal charges will be filed, Steele said. Port St. Lucie Police is no longer investigating, but is documenting the complaint, she said.
Steele said the teacher confirmed the incident did occur.
It sounds like the teacher has confirmed the story to one person…
They acknowledge an incident occured. They haven’t confirmed the specifics. There’s plenty of room for misinterpretation there.
Again: I withhold judgment until the school tells their side of the story. They haven’t yet.
That is freaky. When I was in 4th or 5th grade, the whole class was given little slips of paper every week and forced to write why we liked a particular classmate, so that we all got to be sort of "classmate of the week." I wonder if my mother is nutty enough to still have in a scrapbook somewhere all the little compliments on slips of paper given to me. This is the first I’ve heard of a teacher doing the opposite.
I hear what you’re saying, Martin, but it’s hard to imagine an appropriate context for anything in the ballpark of what is alleged. Did she intend to make him into a freak show? Maybe not. Was it his punishment for disruptive behavior? That would make the teacher look slightly better, but only a hairbreadth.
Inv A. DeSoda’s last blog post..The Assassination Smear 2
Inv, that’s why I’m skeptical: I can’t see a way for a sane adult to justify this, so I have to wonder whether we’re hearing an accurate story. My friend with Asperger’s has described meetings to me where he was put in a panic situation. He described an entirely different meeting from what other participants described. Then when I ask patiently, I learn that he and they are describing the exact same events, but assembling them into entirely different narratives. Comments and incidents that were trivial to them were pivotal to him, and vice versa. And this often results in a strong panic response, a fight or flight reaction, as my friend gets frustrated that no one can see the critically important point he’s seeing so clearly. Either he blows up, or he withdraws, and neither one helps.
There are no universal Asperger’s symptoms, but there are common symptoms. Many Asperger’s subjects report a sort of mood blindness, where they’re unable to judge basic human expressions and body language. They’re also almost incapable of understanding pretense or lie, because they have an obsessive attention to correctness, and they assume everyone else wants to be always correct as well. Meanwhile, they tend to notice very minute details that others will miss, and then will form their theory of the event from those minute details. So two people can experience the same events and come away with two almost diametrically opposed interpretations of those events.
Intellectually, it’s a fascinating disorder. I would hate to have to live with it, but it’s fascinating nonetheless. And part of what’s fascinating is that many people who have it refuse to see it as a disorder at all. They perceive things differently, but they don’t see that as a failing. And in fact, often their different perceptions make them good at engineering and other detail-oriented fields.
This is totally insane. I can not believe a teacher would do such a thing. It’s so malicious it’s mind nubming. What the teacher has done is decided ahead of time that this boy needs to be removed, and washed her hands of the dirty deed by letting the class vote him out.Â
If this were my child, or hell even happened at a school my child was attending I’d go absolutely nuts on the administration. This shows a complete lack of thought, and concern for not only the boy who was kicked out, but the other children in the class.
Wow.
I am astounded that commenters, both here and elsewhere, tend to discredit the story based on the notion that its too horrible to have happened that way!
Without saying that I believe the story, I certainly know that teachers are capable of that and more. Sometimes very bad people become teachers. Sometimes moderately bad and hopelessly immature people become teachers. Sometimes idiots become teachers. Its the same as any other profession!
And sometimes, we hear a really horrible story, rush to judgment based on that story, and only later learn that we heard only one side of a complex issue. Like, say, the Texas polygamist cult, where the accusations are rapidly disintegrating as the full story gets told.
No one here is discrediting the story. I’m saying we haven’t heard the story yet, only one side.
They acknowledge an incident occured. They haven’t confirmed the specifics.
Then the spokesperson shouldn’t have used said "the incident occurred"; she should have said "an incident occurred".
If they are not confirming the details, then she used poor phrasing, especially for a spokesperson.
If they were acknowledging the incident, there wouldn’t be an ongoing investigation. The matter would be settled already.
Go ahead, rush to judgment. It’s not like I can stop you.
The teacher has been reassigned:
http://www.tcpalm.com/news/2008/may/27/st-lucie-teacher-reassigned-after-student-voted-ou/
The article is reporting this as if the incident were acknowledged fact. The article states:
Last week, Portillo held a vote in her classroom in which kindergarten students "voted out" 5-year-old Alex Barton, who was in the process of being tested for Asperger’s Disorder, a type of high-functioning autism.
If that is not the case, the reporter is being careless and irresponsible. I wouldn’t put it past the media to get it completely wrong, but it doesn’t sound good.
If they were acknowledging the incident, there wouldn’t be an ongoing investigation.
That doesn’t mean anything. I have seen stories before where an incident was acknowledged but there was still an ongoing investigation.
I hope this is a misunderstanding for that little boy’s sake. If not, the teacher’s behavior is truly reprehensible.
"I have seen stories before where an incident was acknowledged but there was still an ongoing investigation."
Because the facts were still in question.
But go on with the rush to judgment. Don’t let me spoil the party.
Martin,
You said this in an earlier comment:
…but I could easily believe that a five-year-old with Asperger’s could misinterpret something and come up with this story.
I would agree with you completely if the story was coming entirely from the little boy. According to his mother, the boy said something about being voted out of class and the teacher told her that was what happened. I give the mother more weight than I would the son in this situation.
Of course, if the mother is lying, then she should face punishment herself.
TexasAg03,
I understand what you’re saying; but I heard the mother on CBS News this morning. The picture of objectivity she ain’t. She had no interest in the possibility that this might all be a misunderstanding. She’s distraught, and understandably so; but when she compared this incident to al Qaeda terror attacks, she lost a good deal of credibility with me.
I was annoyed that CBS gave zero time to the school board on this. TCPalm.com has at least beat CBS in that regard. But I want to hear an actual finding from the board before I start demanding action, and that will take some time. As Glenn wrote, "I also realize how incidents which seem innocent and humorous in the classroom can sound ominous or harmful when relayed second or third or fourth hand to administrators or parents." And as he further wrote (emphasis added), "That being said, if this news article is accurate, there’s no defense of what Wendy Portillo did in humiliating this little boy (pictured)." That "if" is still in question.
I could lie awake at nights, dreaming of being a partner in the law firm that handles the mulitimillion dollar lawsuit which I am certain will be filed on behalf of that child; against the teacher as an individual, the principal and the school district as a whole. Maybe even the parents of the children who successfully voted that autistic child out of the classroom and sent him home to a lifetime of hideous memories.
And if I couldn’t be part owner of the lawfirm that sued the bastards, then I sure as hell would like to be the firebrand who torched their god-damned school building one night.
Well, Ron Coleman? What do you think? How to get rich on a single case?
Arnold Harris
Mount Horeb WI
Found a CBS exclusive interview video clip with Ms Barton.
I’m pretty much on Martin’s side. The story sounds so outrageous that it’s entirely possible we aren’t getting the story right. It could have all happened exactly as we’re being told but we don’t know just yet, that’s why an investigation is going on.
Here’s another article on this story. This is the key paragraph:
Barton and Port St. Lucie Police Department officials said teacher Wendy Portillo made Alex stand in front of the room while his classmates told him what bothered them about him. Because the class was studying tallies and vote-taking, Portillo then led a class vote as to whether Alex should be allowed to stay in the class.
The mother of another child in the class has confirmed the story as well. Â
This sounds so outrageous that no one, including me, wants it to be true, but it sounds like it did happen. If it did, that woman shoud be fired immediately. If it did not happen, the mother, the reporter, and any officials who have confirmed the story should be prosecuted.
TexasAg03, that adds a lot of credibility to the story.
The story really only has one side reporting. I would like to see a dunce cap treatment of kids that act up in class. Getting discipline back in schools would be a nice thing and probably foster learning. This is a great "dunce cap" tactic and I like it. Too bad it was performed on a special needs kid. That’s the stinger here.
This teacher should have contacted the parents and tried to place the child in a special needs school such as a school for autistic children. That is the only irresponsibility on her part.
Kind of semi-random (sorry) –
First, I don’t think what the teacher did is acceptable, period. Second, the fact that she did it (and some of the other kids responses) indicates there were probably behavior problems. The school should have a clear cut policy for dealing with behavior problems (I know my kid’s school does, I’ve had to have it explained to me pretty clearly). If she did not follow policy, she should be held accountable. If for some reaons the actions she took are school policy,….
It gets complicated for children with disabilities (again, personal experience). If this kid did not have Aspergers (and actually the mother says he is currently being diagnosed, whatever that means) would it make a difference?
If the kid does have Aspergers (I just read through Aspergers on Wiki; maybe not a credible source) and although I don’t know or really understand how to treat the problem, I would think mainstreaming a 5-year old before "treatment" would pretty much guarentee a long and difficult series of problems.
P Mike — One of the most credible experts on Aspergers is Tony Woodall.Â
As for "currently being diagnosed", it might mean that her insurance won’t pay for a brain-scan. Those are wildly expensive, though effective. Most cases are determined through behavior observation over time.
Part of the problem is that Aspergers covers a wide range of impairment. Significantly, its possible to have "mild" Aspergers and pass for normal. Which is NOT the same as being normal. Its a rather subtle difference.
For example, kids with Aspergers have a problem telling the difference between someone who is their friend and someone who is friendly. To me, it seems the disorder is based on the inability to recognize undercurrents in short-term verbal situations.Â
It is my experience, both personally and in research, that people with Aspergers are often painfully shy in group situations, aware they are missing something. I find it unlikely that Aspergers was the cause of his misbehaving. If anything, I find that children with Aspergers behave better in the classroom because they stick to rules as their social "salvation", like a road-map through uncharted territory. They also tend to be quieter, to avoid humiliation if they misinterpret a situation.
School is a wonderful place for children with Aspergers IF the teacher does not take their "reserved" nature personally. The school structure, with a good teacher, is a great place for them to observe and interact with other people. HOWEVER, I’ve often seen teachers take it VERY personally if a child doesn’t fawn all over them.
Put bluntly, children with Aspergers lack the social skills to effectively "kiss ass" to get the teacher to leave them alone. Â
Regardless, what that teacher did (even just what she admitted to doing) is nasty bullying behavior. Wonder what else she’s done? Because someone with judgement THATÂ bad has definitely made some other poor choices …
More reading on this Autisic Advocacy blog with a reply from Ms Barton (Alex mom) in the comments.
And Jonathan Turley believes there is a good case to sue based on not only negligence but an intentional infliction of emotional distress.
Lucy,
The boys demeanor during interview and the other kids (alleged) statements about his behavor are at odds with the characterstics (shyness, reserved nature, and following the rules) you’ve provided.
Again, if this kid does not have Aspergers would people react the same? If he is just a behavor problem with which the teacher could not cope and was unable to regin in?
There has been a piling on and a media blitz without any background or understanding of the situation. If this was the end result of a series of attempts to modify behavior by a teacher unable to otherwise get some modification then it is fundamentally different than a random shot out of left field. I would not expect the school to legally be able to release information about previous disciplinary actions, but the mother ought to provide a request/consent for release to the public or back down the rhetoric.
I do not find the teacher’s solution acceptable, but I do not think that the child should automatically be allowed to misbehave without consequences whether he has issues or not; there are other kids in the class that I would prefer not be taught actions do not have consequences. Personal problems or not, kids sometimes have to be taught, coerced, forced, or embarrased into acceptable behavior. Sometimes it is emotionally painful because sometimes nothing else works in a conflict of wills. The education system is going to be in real trouble if “intentional infliction of emotional distress” is grounds for legal action (not to mention the advertising industry, military, and a whole lot of other institutions that attempt behavor modification).
I do not find the teacher’s solution acceptable, but I do not think that the child should automatically be allowed to misbehave without consequences whether he has issues or not; there are other kids in the class that I would prefer not be taught actions do not have consequences. Personal problems or not, kids sometimes have to be taught, coerced, forced, or embarrased into acceptable behavior.
I don’t think anyone is abdicating that children be allowed to misbehave without consequences. I certainly don’t feel that way. However, what the teacher did (or allegedly did) in this case was unacceptable regardless of the mental or physical issues of the child.
I have a five year old who, thank God, has no major medical issues. If a teacher did this to him, I would be outraged beyond belief.Â
I had a 5-year old who was a major behavoral problem from pre-school on, and although he was diagnosed with ADD (possible ADHD) I was mortified at his behavior and held him accountable. I would have been royally P.O’d if one of his teachers acted this way. They all spent a lot of time with us in tryign to figure out how to change the behavor.  I didn’t/don’t think that a medical condition excuses bad behavior; if the child can’t behave, then he doesn’t belong in the class room. We dealt with it and didn’t exceuse, justify, or otherwise wave it off because he has a medcial condition.
This event did not happen in a vacuum. Conjecture, but if the mother excused the behavor because her son is being diagnosed with Aspergers then she direclty contributed to the circumstances that led to the teacher making a truly bad decision by blocking or making ineffective other acceptable measures. Before advocating this teacher be strung up, I would like to know how it got to the place where she thought this approach was a good idea.
Once again, I don’t think the teacher is justifed in her specific approach, but lots of institutions use peer pressure to try to correct bad behavor. There is very likely a less traumatic way to do the same thing, i.e., get the other kids to use peer pressure to modify behavior.
Confirmed:
http://www.tcpalm.com/news/2008/may/29/police-report-reveals-teachers-side-incident-which/
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