Posted on 05/25/2008 1:36:54 AM PDT by LibWhacker
PORT ST. LUCIE — 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 Wendy Portillo said they were going to take a vote, Barton said.
By a 14 to 2 margin, the students voted Alex — who is in the process of being diagnosed with autism — out of the class.
Melissa Barton filed a complaint with Morningside's school resource officer, who investigated the matter, Port St. Lucie Department 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 no longer are investigating, but police officials are documenting the complaint, she said.
Steele said the teacher confirmed the incident took place.
Portillo could not be reached for comment Friday.
Steele said the boy had been sent to the principal's office because of disciplinary issues. When he returned, Portillo made him go to the front of the room as a form of punishment, she said.
Barton said her son is in the process of being diagnosed with Asperger's syndrome, a type of high-functioning autism. Alex began the testing process in February at the suggestion of Morningside Principal Marcia Cully.
Children diagnosed with Asperger's often exhibit social isolation and eccentric behavior..
Alex has had disciplinary issues because of his disability, Barton said. After the family moved into the area and Alex and his sibling arrived at the school in January, Alex spent much of the time in the principal's office, she said.
He also had problems at his last school, but he did not have issues during his two years of preschool, Barton said.
School and district officials have met with Barton and her son to create an individual education plan to address his difficulties, she said. Portillo attended these meetings, Barton said.
Barton said after the vote, Portillo asked Alex how he felt.
"He said, 'I feel sad,' " Barton said.
Alex left the classroom and spent the rest of the day in the nurse's office, she said.
Barton said when she came to pick up her son at the school Wednesday, he was leaving the nurse's office.
"He was shaken up," she said.
Barton said the nurse told her to talk with Portillo, who told her what happened.
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.
Thursday night, his mother heard him saying "I'm not special" over and over.
Barton said Alex is reliving the incident.
The other students 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."
St. Lucie School's spokeswoman Janice Karst said the district is investigating the incident, but could not make any further comment.
Vern Melvin, Department of Children and Families circuit administrator, confirmed the agency is investigating an allegation of abuse at Morningside but said he could not elaborate.
took long enough
Wow. Maybe it varies place to place. Of course this was several years back too. The entire system is such a mess. The schools are falling apart, teachers are abusing and/or molesting the kids, they’re going to class in trailers & a growing number of the kids can’t even speak English. They vote in the school bonds & it’s never enough. I wish I knew the answer. I expect it to get a lot worse.
I can only speak of the area where I live. And we do have them.
“We don’t get any extra money or assistance in my state either.”
In Oklahoma, special ed teachers get a little extra money for being special ed teachers. 5% extra. We are available to all the teachers in our school for consultation, and to help them figure out how to deal with their students. Gen ed teachers get their normal salary, and nothing else, unless they are National Board Certified.
My school has nearly 600 kids, I’ve got 16 who are in lab with me for between 1 and 4 hours a day, 1 who is on consult (his teacher asks for help if she needs it), and several who are in for speech/language help only. The speech/language kids have speech-language pathologists who work with them, some of them in my room. I’ve also got about 30 kids in the process of being evaluated for special education. This is a small neighborhood elementary school.
If this child has gone through the system far enough to have an IEP meeting, then this school district better get ready to stroke a big check. The IDEA is a federal law and it guarantees that child's access to an education. I can't believe the school district hasn't moved to have the teacher canned.
We don't have them in my district, either, although some districts in the state might.
So where were these kids placed prior to the mainstream rush that's taken place in the last several years?
IEP (Individual Education Plan) are documents written for children with special needs. These children can have anything from severe mental retardation to just being deaf. The IEP is covered under the IDEA. (Individual with Disablities Act)
An Iep addresses goals for the child and objectives (for kids with learning difficulties a good IEP breaks down the goal into smaller objectives to get to that goal....many IEps are very poorly written) This document also addresses or should address how to deal with bad behavior, in this case it states the child has an IEP, the school itself was very much aware that the child was having difficulities and placed him into sped based on behavior issues. They KNEW he needed help, this teacher KNEW he had difficulties so what she did (if she did this and this article makes it sound like there is no doubt) as punishment to him was NOT the appropriate way to deal with this child.
THe IPE is a protection for the child.
Note: I do not disagree with kids who prove violent from being removed from classrooms if that proves to be the best for them. While IEP’s protect the child’s rights to an education I agree other kids deserve protection from kids who can’t control their anger. Kids with Autism/aspergars (or any disablity) cannot just be placed into the SPED programs, it requires testing and a team to determine if the child falls under IDEA. My understanding about Autism/aspergars is it’s very hard for parents to get their kids into programs that are very good with helping teach their child how to act around others. these kids have sensory issues, in most cases they are very intelligent, yes there are ways to help them get past the sensory isues but it takes time.
Well said.
Nothing justifies they type of humiliation to which the kid was subjected.
Now the child is removed, so I guess the teacher found a way.
In the meantime, the child will remember this the rest of his life. If he isn't fully anti-"socialized" by now, he is probably well on his way at the ripe old age of five.
There needs to be a balance. This child's “rights” should not take precedence over the “rights” of other children; and this child needs help which cannot be provided in this classroom.
ACtually an IEP helped keep my child with mental disablities from being treated as a lump.
Many mildly/moderately delayed children are capable of learning much more then how to wash tables in the cafeteria after their peers get done with lunch. Many children with Autism/Aspergars can learn to deal with the sensory issues if the program is a good one. A good behavioral assessment would have helped wonders with this child, but doing what this teacher is said to have done is way over the top for ANY child.
YMMV of course.
My niece has Asperger’s. Growing up was tough, and her parents had to work very hard to provide her with what she needed. Fortunately, she was diagnosed even before Kindergarten, but school was still difficult and troubled.
But she graduated from high school and did moderately well. She rebelled some in her late high school years, and shortly after graduating, but after finding out what it takes to live decently, she buckled down, asked her parents for some assistance, went back to school, and started to work full-time.
She's working professionally now as a graphics designer, still continuing her education, and doing wonderfully. She is, of course, still sort of quirky and idiosyncratic, but working hard and succeeding in a highly-competitive field.
It was a trial to raise her from the time she was very young. Every success along the way came with difficulty and at great price. But I know her parents, and many of her teachers along the way, think it was worth every bit of struggle, as she's turned out to be a lovely young woman, hardworking, intelligent, resourceful, and decent.
I'm glad she never ran into a “teacher” like this.
sitetest
Actually if I read the article correctly the child had just returned from a visit to the principle when this ‘disaplinary’ issue took place.
“That’s the crux of the problem. You, and others like you, advocate putting these children in regular classrooms”
Go back, read my post, and apologize. I specifically said that the parents were attempting to get him into a special needs classroom, which is where he belonged.
You’re being hysterical and not even paying attention to what the other side is saying. Who is advocating putting these children in a regular classroom? Who? Name one.
Oh my goodness, she's stepped in it now. Any attorney with 3 working brain cells will sue the county for millions and easily win whatever the parents want, which in my opinion, should be admittance to a school staffed by teachers who know how to handle children on the autism spectrum.
“Wendy’s not hot. Guilty!”
Haha! The way things have gone on this forum lately, you do have a point. ;)
Individual Education Plans have been in place since IDEA was passed in 1974. IDEA has been reauthorized by every president since - from Reagan to Bush II. It has nothing to do with NCLB
her judgment was lacking here... these are 5-6 year-old children... seems that she's taking his behavioral problems personally... should she have sent him to the nurse's office... sure--if that's how she can get peace and quiet in her classroom so the other students can learn... but to have his classmates vote was silly... what if they had voted to keep him in the classroom? how would that have helped the situation?.. she is in charge... she should act as though she is in charge... and yes--maybe she was trying something new... but it was a stupid choice on her part...
do i think she should be fired? no... do i think legal action against her should prevail? no... should the parents send the child back to her classroom? no... his being there is not working for anybody...
The other point I would make is that the classroom is NOT a democracy. The teacher is in charge and is responsible for the conduct of the class. If he/she encounters a problem that can not be handled by the teacher, they have the option of seeking the advice and help of the principal or the school counselor.>>>>>>>>
From what I read in the article the child had just returned from a trip to the office to see the principle. So why did the teacher take this additional step of kickind the child out of the class? Why did the principle allow this to happen? Why did the teacher send the child out for disapline then administer more when he returned? etc etc etc......
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