FL: Attorney in Alex Barton case: Teacher's side will be heard during appeal

By Colleen Wixon (Contact)
Wednesday, November 19, 2008
http://www.tcpalm.com/news/2008/nov/19/attorney-alex-barton-case-teachers-side-will-be-he/

PORT ST. LUCIE — Morningside Elementary School teacher Wendy Portillo’s attorney said his client’s side will be heard when she appeals the St. Lucie County School Board’s one-year unpaid suspension from work.

Other than that attorney David Walker of Stuart declined to comment about Portillo’s punishment as a result of the Alex Barton case.

According to police reports, Portillo brought Alex Barton, then 5 years old, to the front of his kindergarten classroom and asked other students to tell him how his behavior affected them. Alex, who was being diagnosed with a type of autism at the time, had left the class twice that day for discipline referrals. Portillo then asked the class to vote on whether Alex should stay in the class. Alex lost the vote.

St. Lucie County School Board unanimously approved Superintendent Michael Lannon’s recommendation Tuesday to suspend Portillo for one year without pay and return her to an annual contract. Lannon also plans to ask the state Board of Education to revoke her teaching certificate for one year.

Portillo is appealing, which means a hearing must be scheduled within 60 days.

Alex’s mother, Melissa Barton, said Portillo should be fired because of the incident.

Meanwhile, Jack Scott, director of the Florida Atlantic University Center for Autism and Related Disabilities, called the board’s action “a slap on the wrist.”

The action didn’t match the severity of the action done to Alex Barton in his kindergarten classroom in May, Scott said.

“I think a much more definitive action was appropriate,” he said.

Scott said the school district has an obligation to model what to do when a wrong is committed. The district should apologize to Alex and his family, he said.

“Right now there doesn’t seem to be a mechanism for the school to apologize,” he said.

Scott said the board’s action shows the system dealing with students’ rights is not strong. There might be an undue concern for teachers’ employment rights, he said.

He said the St. Lucie County School District works hard with the center regarding services for children with autism, and there are some positive things happening in the district.

“The whole incident (involving the Morningside teacher) is just really unfortunate,” Scott said.