Alex Barton update...I find IEP meetings emotionally exhausting even if they go well! I'm sorry that you have to go through all this, Melissa. I'm having a hard time understanding the legal situation. The article says "the board has the final say". Does board mean the school board? They're the ones who wanted to suspend her, but I suppose they could change their minds based on the judge's recommendation. Does final say mean there's no chance of appeal for either the teacher or those who are on Alex's side? Here's an article from yesterday.
Coming from a family of teachers ( and that includes husband's side as well) I was horrified about this when the story broke. I cannot imagine any of them doing something so heartless and cruel. I really hope this person is not allowed in the classroom again. I also hope that you get everything that you want inclued in his IEP. Keep fighting the good fight for your son. Hi thank you for the warm welcome, ( I only post on ASD blogs because of this) This is the latest the SLC School Board recommendation to the DOAH judge for Wendy Portillo's punishment. PS, I thought I had thick skin before this. It is getting thicker though, I think its the hormones that come with being pregnant!!!!! 4 mos. Melissa ... I am VERY happy you found us. Welcome!Thank you NYMommyof3. Say hi to Nick, Chris and Mike for me. Heather, My hope is that the publicity (that I wouldnt wish on my worst enemy) on Alex's case will prevent other children from having to endure the same discrimination. However, Alex's case is just a small piece of this puzzle. If we all stand together now the next generation of ASD children will not suffer as much. NYMommy, As an advocate, you have your work cut out for you. Thank you for your dedicated work.
WHY would ANYONE want this woman to continue teaching???? Welcome Melissa. I hope you and Alex are doing well, my family's thoughts and prayers are with you and yours. I thought I was the only insane one here having a baby after knowingly having an ASD older child. kidding. I have Mikaela who is advanced for her age. I wish you a happy and uncomplicated pregnancy. My two couldn't be described any other way but polar opposites from the womb and on.  As a matter of fact - a lot of us were wishing you would drop by so we could let you know how much we support the cause. So glad you found us! I too have been following this case since it happened. Various people on our forum (often NorwayMom) follow cases and post updates. I am horrified that this teacher could be reinstated and I hope that does not happen. I have watched videos of you and Alex on various shows and I cannot imagine what you and your whole family has gone through. You are awesome to keep up this fight and thanks so much for all that YOU do!  P.S. Congratulations on your pregnancy and I hope you are feeling okay! Done, if anyone is interested it is very very easy to do. Thank you for the link to the petition. Here is a new article regarding the school board's opinion: (I suspect the article will update soon) http://www.tcpalm.com/news/2009/mar/10/st-lucie-autistic-ale x-barton-kindergarten-vote/ I spent another day in an IEP meeting fighting for services, in the end we did get some services although there is another IEP meeting to go. I can imagine what parents who don't have an attorney present go through in IEP meetings. My advice to anyone who will be attending an IEP meeting, know your rights, know your child's rights and if you are lied to call them out on it. If you do not have the time to familiarize yourself with all the IDEA laws, call an advocate or an attorney. I know a few here in Florida who are willing to help out if you need it. I am burnt out from my day in the IEP boxing ring. I am going to take a much needed pregnant nap now. Thank you all for your kind comments, they are hard to come by sometimes.
ps CUTE KIDS!! Petition: http://autism.change.org/actions/view/make_wendy_portillo_ac countable_of_emotional_abuse What really gets me is not only does this woman believe she should be reinstated but she actually thinks she deserves to be paid for the time she was "wrongfully" suspended. And what really galls me, is her attorney's memorandum of law in support of reinstatement and back pay actually says on the last page that "no one was injured" by this woman's actions. Hello??? Melissa, I thank you for fighting this fight with the hopes that other families will not have to. My thoughts are with you. I'm coming into this late, so if it's already here, forgive me. What about starting a petition to not re-instate her? Welcome to the board Melissa. I hope you stick around. One of the first things I figured out as soon as my kid entered school was that I had to grow a thick skin fast for my ds's sake. It is not always easy but I will not have my kid spent his life being run by bullies whichever form they take. He gets to have the same civil rights anyone else has and we parents have to fight for this because if we leave it up to the ignorant people our kids will soon not be allowed anywhere. So let's not read those comments but let's all get invoved to push reforms. Become part of your local PTA or special advisory council and advocate.Welcome Melissa! Give Alex a kiss for all of us! Tiffany I read some of those comments and it made me sick.Glad you found us Melissa...My family has been fighting the schools here is PSL for YEARS...good luck to you and your family. I hope you have thick skin - you're going to need it. We took Payne to just about every doctor in WPB to get as far as we have. He's mod-severely affected and is now in 2nd grade. We have another IEP meeting towards the end of the month. They insisted on putting Payne in a mainstream kind. class - the results were awful and it took 2 months to get him out of it even though everyone knew it wasn't working and was previously in ESE pre-k. He is now attending ESY every summer to catch up...I want him doing the work of a 2nd grader if he is a 2nd grader ...for some reason some people in the district don't understand that thought, but Bill T. does. I made my point quite clear with him that we would not allow them to just push Payne along to get rid of him and that the spec. ed degree that isn't worth the paper its written on would not suffice. This is a good forum for answers and just to vent...like I said - glad you found this wonderful resource. I think this is the most I've posted in a long time.
Welcome to the forum, Melissa. Our forum has been following your case ever since the story first showed up in the newspapers. You have our full support.I try to avoid reading comments people write on nonautism sites. They just make me upset and there's nothing I can do about it. Does this mean that the judge makes a recommendation, but that the School board can still do whatever the heck they want?
Lawyer for Port St. Lucie teacher whose class voted autistic boy out fights for her tenured re-instatementBy Colleen Wixon (Contact) PORT ST. LUCIE — Morningside Elementary teacher Wendy Portillo’s lawyer says she should be reinstated with tenure and given back pay for time missed while on unpaid suspension. Portillo was suspended for one year without pay by the St. Lucie County School Board in November after she led a classroom vote in May as to whether then 5-year-old Alex Barton should be allowed to stay in the classroom. Alex was in the process of being diagnosed with a type of autism at the time of the vote. The case attracted national attention. Portillo has appealed the suspension. Last month, Administrative Law Judge Claude Arrington heard from both sides in the case. Portillo and the district’s lawyers each must submit a recommended order, which will be considered by Arrington when he renders his own opinion. The School Board has the final say in the matter. Portillo’s lawyer, David Walker of Stuart, said in his recommended order that Portillo’s actions were not so serious as to impair her effectiveness as a teacher. Walker said the record may show “some proof” of Portillo’s misconduct, but the evidence is “insufficient” to warrant the unpaid suspension. “As a result of the incident of May 21, there was no commotion and/or disruption in the classroom,” Walker wrote. “Immediately after the incident, (Portillo) continued to teach her class and perform normal duties as she had done.” Walker’s order was posted Friday on the state Department of Administrative Hearings Web site. The judge is expected to take up to 20 days to deliberate after both sides have filed their orders. The district’s recommended order had not been filed as of Friday afternoon. The comments on this story make my stomach turn...www.tcpalm.com Ugh ugh ugh. it baffling they want us to be mainstream but then complain when they have to deal with iusse .even when i work in day care there were teacher who didnt want to deal with sped kids or have me in the class as an aid .i deal with this stuff even now at times . Don't worry about the comments. There is a bigger picture here, we must stand up for our children. I will not stop fighting for the rights of all our kids, hate and anger can not change this. Wow, that is sick. I cannot bring myself to read comments because I am infuriated just thinking about what they "could" say Hi everyone My lovely husband sent me on a mental break for a few days. No cell phone, no email....I did cheat, no people. I was on a desert island of Klondike bars and candle lit bubble baths. LOVED IT! NorwayMom, To address your question about the legal issues - I am not an attorney- But, my understanding is that regardless of the DOAH judge's decision the SLC School Board has the final say in all personnel matters. The judge was a mediator of fashions. So, unless the judge comes back with a decision to remove Wendy Portillo of her duties permanently I assume she will be suspended without pay for a year and placed on annual contract. As much as I feel that she should have been fired on the spot, this is a step in the right direction for the SLC School Board. The facts are indisputable, and unlike some cases, Wendy Portillo admitted to most of her actions. Here is a list of what I have learned due to the investigation from the school board: Alex was only with Wendy Portillo for 45 min the day of May 21 Alex was only sent out of class ONCE that day for minor behavior issues. He returned only to apologies to her for his actions, this was not requested of him he suggested it himself. Upon return, Alex was immediately exposed to harassment and discrimination by Wendy Portillo. Alex did not have lunch the day of the vote. He buys lunch every day from the cafeteria and was not given this right. The Assistant Principal was so -upset or worried- by the events that she drove over to the Principal's house after school. However, she failed to call me. Go Falcons, Thank you for your kind words. There are many great teachers teaching even in SLC. Alex's teacher is amazing!! She has compassion, patience, understanding, and dignity. She is Alex's favorite person. She gets it, and she is not ESE certified. The qualities she possesses cannot be taught during a four-year college venture. You must be born with most of these qualities and taught the others. We adore her and will miss her next year. She has learned a lot from Alex too on her own time she has educated herself on ASD and has a passion for helping these kids. One more teacher who knows what to look for can never be a bad thing. I am currently in school, going into education. This case has infuriated me from day 1, not because Alex is on the spectrum, and not because my own child is. This is no way for an adult to treat ANY child. I think too many adults rob children of the dignity they deserve as human beings. Kids are just as worthy and deserving of respect as adults. Just a little warning for you guys...do NOT publish ANYTHING on this board that you wouldn't want written and quoted somewhere else. It has come to my attention that this board and more specifically this topic is being used against Melissa on www.tcpalm.com which is unfair to her and Alex, but also could affect your privacy. Fair warning!!!Rebecka, Thank you for the welcome :) Ignore those jokers. If they only had a clue what it was to advocate for their own children they wouldn't have the time to be obsessed. We are focusing our time on positive energy: http://blog.justiceforalexbarton.com/ If you would like to be apart of the Tie Dye Project please let me know. Dakota could sure use a shirt ;)
I'll start by welcoming you Melissa! Glad you're here and good luck luck with your continued journey. I'll finish by saying HOLY COW! Despite my better judgement, I read some of the comments left on the blog through the link Payne's Mom provided. Towards the end, I was scared! There are a few people there that are like a dog with a bone. Melissa, please be careful. I'm so glad you haven't let them intimidate you, but my goodness they are obsessed! Again, good luck! Melissa, I am very late coming to this subject, and I apologize. I am glad that you are here, and I admire your ability to be positive and focus on what needs to be done to help your child. I would have great difficulty with that. It is my opinion that not only was your son a victim of this woman's mixed-up ideas, but so were the other kids in that class. To say that no one was injured is ludicrous. When these other children are taught that ostracism and discrimination are acceptable, when they are not taught empathy, and when it is led by and then reinforced by an adult authority-figure, these children have been injured. They certainly cannot expect to go through life "voting out" anyone whose behavior they don't like....think about applying that same standard to any other individual of any other group! I have signed the petition, and hope that it is successful. I also hope that these children will receive some proper guidance. 42gether Alex and I have started The Tie Dye Project, http://blog.justiceforalexbarton.com/2009/03/15/the-tie-dye- project.aspx If you would like your son's to be apart of it let me know. My contact info is on the site or you can private message me here. We hope to have you!
Melssa Barton Signed the petition last night.Did not read the other blog/article. There is enough strive in my life without adding more from a bunch of idiots I'll never meet. I am going to talk with Jake about the Tie-Dye project this afternoon. Not sure he would be interested. My sister would be though...she is so crafty. Perhaps she and I could do it. Also want to let you know that I've been following this story from the beginning and have been keeping you and your family in my thoughts. Thank you!We have an update... Judge upholds Alex Barton teacher's suspension, loss of tenureBy Colleen Wixon (Contact) 
Photo by Juan Dale Brown FORT PIERCE - Morningside teacher Wendy Portillo. ST. LUCIE COUNTY — The teacher who orchestrated a vote to oust 5-year-old Alex Barton from his kindergarten classroom lost her appeal for reinstatement. Administrative law judge Claude Arrington upheld the St. Lucie School Board’s decision to suspend Wendy Portillo for a year without pay and remove her tenure. Schools Superintendent Michael Lannon said he had not yet read the order and declined to comment. Portillo’s attorney, David Walker of Stuart, also said he had no comment. The school district proved Portillo violated the state’s code of ethics for teachers and school board rules in the May 21 incident. In the incident, she asked students to say whether Alex should be in the classroom while she tallied the votes on a board, Arrington said in his order. Alex was in the process of being diagnosed with a type of high-functioning autism. His mother, Melissa Barton, did not testify at the hearing. But because she was listed as a potential witness, she was not allowed to hear most of the testimony. “It’s a step in the right direction,” Barton said of the judge’s order. Barton hoped Portillo would be fired. “At least there will be some sort of punishment,” she said. The judge sided with the district’s assertion that Portillo exposed Alex and the other students to “unnecessary embarrassment or disparagement” and used an inappropriate method of discipline. She also failed to exercise the best professional judgment and failed to make a reasonable effort to protect Alex from harassment, he wrote in the order. Arrington said in his order that, except for last year’s incident, Portillo was a dedicated and excellent teacher over her 12-year career in St. Lucie County. Many of Morningside’s teachers and parents support her and her reputation remains intact despite the negative publicity of the voting incident, the judge wrote. “There can be little doubt that (Portillo) has been traumatized by the negative reactions to her misconduct. (Portillo) and her family have suffered economically as a result of her suspension,” Arrington wrote in the order. Good. Sorry for her, but ... GOOD. I am so glad that it was upheld!“There can be little doubt that (Portillo) has been traumatized by the negative reactions to her misconduct." That kind of made my blood boil. She's an adult who is suffering the consequences of her actions, not a child who was put through a horrible ordeal. |
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