Legal

The kindergarten class has spoken; it's time for you to go.

pO157.

Posted to Legal on Fri May 30, 2008 at 06:43:01 AM EST (promoted by port1080). RSS.

A teacher at Morningside Elementary School in Florida has been reassigned after allowing her class to vote to expel a student from the classroom.

The mother of 5 year old Alex Barton claims the teacher, Wendy Portillo, allowed the class to hold an open forum type discussion where the students were allowed to air grievances against her son. After listening to students declare him "disgusting" and "annoying" Alex Barton found himself ejected from the classroom by a 14-2 margin. The teacher claims Alex had been a disciplinary problem, which is why she called the meeting in the first place.

Ms. Barton claims her son may have Asperger's Disorder and is undergoing testing at the suggestion of the school principal. She says she is considering civil legal action after a complaint to the school resource officer did not result in criminal action, and the state attorney general's office said the events did not rise to emotional child abuse.
The teacher, Ms. Portillo has been reassigned during an investigation by the St. Lucie County (Florida) Public Schools System.

Ms. Barton does admit that her son may have some disciplinary problems, but that they are likely due to his Asperger's, which she was trying to have resolved and treated since February. No matter the outcome, Ms. Barton states she will not allow Alex to return to that school and that he screams whenever she stops the car at Morningside to drop Alex's sister off.

Tags: edited by Port1080, written by pO157, school, teaching (all tags)

This story: 34 comments (5 from subqueue)
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1

Re: The kindergarten class has spoken; it's time f

dzetetes.

Fri May 30, 2008 at 10:19:15 AM EST

5.00 (astute)

I'd be a proud parent if my child was the one (or one of the two, if Alex wasn't allowed to vote against his own ostracism) who voted against kicking the kid out of the class.

Bringing a civil suit against the teacher might be a little much (and I'm not sure whether such a case would be on firm legal ground), but regardless of how disruptive the child may have been, it's clear that Ms. Portillo doesn't belong in a classroom. I'm sure she'd make a fine correctional officer, however.

In regione caecorum, rex est luscus.

3

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Re: The kindergarten class has spoken; it's time f

HidingFromGoro.

Fri May 30, 2008 at 11:57:23 AM EST

5.00 (astute, astute)

it's clear that Ms. Portillo doesn't belong in a classroom. I'm sure she'd make a fine correctional officer, however.

Having been in both public school and prison, there isn't much difference between the two.

2

the untrustworthy narrator

gerrymander.

Fri May 30, 2008 at 11:29:28 AM EST

5.00 (interesting, astute)

Put me down as being extremely unhappy with the reporting of this story. Not only are we only getting one side of the story, we're getting it from a heavily mediated, and potentially untrustworthy, source.

For legal reasons, neither the teacher nor the school have made any comment regarding the situation to the press. Talking about the incident would damage the investigation, and because it would be opening a minor's record to the public.

The one source we do have has an even more limited social skill set than the typical 5-year-old, because Asperger's is a condition which retards social growth. On top of that, the instrument of mediation is the child's mother, who has incentive to distort the case in her son's favor. Consciously or unconsciously, she wants him to be as normal as possible, which means that she will want to portray him as having the least severe version of Asperger's possible, and that the reactions he does have will be viewed by her as appropriate responses.

Now, is it possible that Portillo just had a really bad day after being completely fed up by having a developmentally disabled child in her class? Sure. That kind of thing happens frequently enough.

But it's also possible that Alex Barton had a severe reaction to a situation other children wouldn't, and that his mother is casting the situation in the worst light possible. Taken away from the reporting, the facts sound like an intervention-style meeting rather than a witch hunt. Do we really trust the judgment of an Asperger's-afflicted kindergartner to recognize the difference between, say, calling his actions annoying and calling him annoying? Similarly, the reporting doesn't tell us whether screaming fits (as per those when driven by the school) are common for the boy -- but that is a frequent symptom of Asperger's, and he does have a history of disciplinary problems.

We also don't know the details of the "voted out of class" part. Was it forever, or for the afternoon? If forever, was it only exclusionary, or did the teacher suggest/kids vote for Barton to enter a special ed class? And again, would an Asperger's-afflicted child be able to tell the difference?

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Re: the untrustworthy narrator

ms sue.

Sat May 31, 2008 at 10:49:44 AM EST

5.00 (astute)

We also don't know the details of the "voted out of class" part. Was it forever, or for the afternoon? If forever, was it only exclusionary, or did the teacher suggest/kids vote for Barton to enter a special ed class? And again, would an Asperger's-afflicted child be able to tell the difference?

You're kidding; right? Or are you seriously suggesting that it would ever, under any circumstance, be remotely appropriate for this to take place in a classroom under the eye of an approving teacher?

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Re: the untrustworthy narrator

gerrymander.

Sat May 31, 2008 at 11:35:06 AM EST

4.00 (astute)

Or are you seriously suggesting that it would ever, under any circumstance, be remotely appropriate for this to take place in a classroom under the eye of an approving teacher?

I think it very much depends on what "this" is, and my point is that we don't really have a good grasp on what happened. A teacher asking the class "who thinks Johnny needs a time out?" is far different from "Who hates Johnny and wants him to leave?" The latter would clearly be unacceptable, the former uncontroversial.

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Re: the untrustworthy narrator

ms sue.

Sat May 31, 2008 at 04:43:34 PM EST

5.00 (astute, astute)

The "this" was this:

Was it forever, or for the afternoon? If forever, was it only exclusionary, or did the teacher suggest/kids vote for Barton to enter a special ed class?

Not appropriate. No way.

A teacher asking the class "who thinks Johnny needs a time out?" is far different from "Who hates Johnny and wants him to leave?" The latter would clearly be unacceptable, the former uncontroversial.

Again, I have to ask, Are you kidding? You think it uncontroversial for a teacher to ask a class to vote whether one of their own classmates should be punished?

Aside from the fact that it is an incredibly insensitive way to handle the situation, it is also an abdication of power...to little kids.

If I were the parent of this child, I can tell you that if I had enough evidence to corroborate this story, I would harbor horribly violent thoughts directed at this teacher who subjected my child to such a sadistic classroom experience.

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Re: the untrustworthy narrator

port1080.

Sat May 31, 2008 at 12:41:26 PM EST

none

The latter would clearly be unacceptable, the former uncontroversial.

Actually, I'm pretty sure they would probably both be considered unacceptable, at least from a "best practices" teaching standpoint. You don't give the kids any sort of power over each other and you certainly shouldn't be having them make the decisions that the teacher him/her self is supposed to be making (i.e. disciplinary decisions of any sort). I'm not sure that I'd consider the "timeout" situation to be a firing offense, but if I was the school principal it's still something I'd want to have a long talk with the teacher about.

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Re: the untrustworthy narrator

thefadd.

Mon Jun 02, 2008 at 01:53:52 PM EST

none

I'm with Gerry here and maybe even a little more extreme. I went to schools where there was no adult discipline. This was possible because of the backgrounds and parental support kids brought from home but there were still discipline problems sometimes--and they weren't dealt with by the adults on a philosophical basis. We, as children, learned to police problems ourselves. It could occasionally feel lord-of-the-flies-ish but by the end of the day it made for fairer, more equitable settlements of disputes and kids who knew how to get along with one another on their own.

I know this aspergers thing is being thrown around and it may be true but even that we don't even really know. So think about it from the perspective of other kids in the class--this one kid is dominating all the teacher's time and--even at that young age--you can have the sense that this is cheating you of why you're there. I can remember occassions when we, as a group, would go to our teacher and say look this is a problem, it needs to be taken care of. Children have to be given the opportunity to learn to work things out on their own to a controlled degree.

The educational world of 17 other kids can't stop for one problem child who can't get along (whatever the reasons for that are). Kids are going to feel very powerless if their educational opportunities are robbed from them because of a situation like this and if the process was fair (in a six year old way) then I don't think this was problem. Perhaps (and again we have no idea) it was a way of showing the kid just how much of a negative impact he was having on other people.

It is easy to buy small plaster models of what you think life is like.

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Re: the untrustworthy narrator

port1080.

Mon Jun 02, 2008 at 05:09:57 PM EST

5.00 (astute, informative, astute)

Somehow I don't think you were ever on the receiving end of that "group discipline".  I was a social outcast in elementary school and middle school - I didn't really break out of my shell until high school.  As it was, I was capriciously picked on by other children for being "different", and had the teachers / administration not done anything at all to rein in the other kids, I'm not sure what I would have done.  As it was, I felt completely powerless and borderline suicidal at times - if I truly felt that I was alone in dealing with the situation and was entirely at the mercy of my "peers" I probably would have done something pretty stupid, either to myself or to them.  

Your system may work in schools where all the students are already mostly little angels, but in your typical public school it just gives the bullies free reign to abuse, abuse, abuse.  Mainstream "normal" or popular kids will probably make out okay, but the kids are the margins aren't going to just magically figure out how to interact just because they're facing peer pressure (they're already being crushed by that pressure every fucking day, and struggling just as hard as they can to figure out how to be "normal" - believe me, I was there).  Instead they'll just become more outcast and more withdrawn and have even less hope of every figuring out how to be normal.

I finally "got it" because I was lucky enough to have a couple of people just reach out to me and take me as a friend and explain to me what I was doing that wasn't appropriate - but it took until high school for any of my peers to be even remotely mature enough to understand that's what I needed.  I simply can't imagine how I would have got by if my elementary/middle school years were truly a "lord of the flies" situation - as I hinted before, I'd probably be dead.

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Re: the untrustworthy narrator

Lou.

Mon Jun 02, 2008 at 05:28:19 PM EST

none

I hear you, brother.  You experience closely matches mine...except that no one really showed me what was appropriate.  The only refuge I found was in high school through the science club and the chess club (which morphed into a wargaming club and then later D & D).

To be honest, I'm in my late 40s and I'm still not entirely sure what "appropriate behavior" is.

It's the end of the world as we know it, and I feel fine

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^ 18

Re: the untrustworthy narrator

postillion.

Wed Jun 04, 2008 at 11:47:48 PM EST

none

There's a reason I was so relieved to go to college.  

And adulthood friends: I gotta say it makes up for all the bad peer pressure moments of childhood.

This teacher is doing a disservice not only to one kid but to the whole class.  They are being taught to value conformity and manners over trying to learn to understand that everyone is different and finding the value in each individual. No doubt a bunch of these kids, if they buy into such values, will go on to lead corporate America: well mannered while cutting people up in all sorts of ways.

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Re: the untrustworthy narrator

thefadd.

Mon Jun 02, 2008 at 07:59:09 PM EST

none

Dude, I'm like the #1 commenter on tnt since novy left. Social outcast has been my middle name since kindergarten.

It is easy to buy small plaster models of what you think life is like.

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Re: the untrustworthy narrator

ms sue.

Mon Jun 02, 2008 at 05:53:55 PM EST

5.00 (astute)

Since you went to kindergarten at a school that had no "adult discipline," I'm glad you found it to be populated with fair-minded kids. I remember a much different scenario, one filled with daily tortures inflicted on various victims at random.

Do you think that there might just been some better way to deal with the disruptions of a five-year-old boy (who might have this "aspergers thing")? He undoubtedly had already felt ostracized by his peers. Is the answer for the adult in charge to join in and orchestrate his humiliation in front of everybody, regardless of whether the "process was fair," whatever the hell that means.

I'm all for instilling independence, but that's a whole different subject that shouldn't, IMO, include what I consider was a brutal action against a vulnerable young child. I would bet that most responsible parents would never condone this type of solution -- at least, not for their own child. Maybe some parent here will differ with me.

5

^ 2

Gerry, we're talking kindergarten here.

MayorBob.

Sat May 31, 2008 at 10:57:40 AM EST

none

Someone's got to be the adult authority here and that person would be Portillo. If she was having a bad hair day, maybe she should have gone to the front office and told them she wasn't up to dealing with the kiddies. If Alex Barton does have such a severe case of Asperger's that he's not able to socialize at all with his classmates, that should be between Portillo, Alex's parents and a doctor to deal with. If Alex is just being an obnoxious little twit without having a condition to blame for it, that would be a matter for Portillo, Alex's parents and the administration of the school to deal with.

Under no circumstance should Portillo convene a kangaroo court with Alex's classmates as jurors. For one thing, they're probably easily led by the example of Portillo in not having any concern at all for Alex as a human being. For another, they are not in any position to judge.

Illegitimi non carborundum.

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Re: Gerry, we're talking kindergarten here.

gerrymander.

Sat May 31, 2008 at 12:01:00 PM EST

none

Under no circumstance should Portillo convene a kangaroo court with Alex's classmates as jurors. For one thing, they're probably easily led by the example of Portillo in not having any concern at all for Alex as a human being.

Reading that, I can tell you've bought into the media narrative. All I'm saying is that it might not be the most accurate reconstruction of the event. Might it have been a kangaroo court? Sure. But it also might have been an exercise in "talking out problems" which normally gets all kinds of praise from new-agey soft-headed types, and would be exactly the opposite of "not having any concern at all for Alex as a human being," despite the outcome.

For another, they are not in any position to judge.

Here, I disagree completely. The kindergarten-age kids in my experience have a very strong grasp of when they are being treated unfairly. If (as I suspect) Alex Burton was subjecting the class to frequent screaming fits, that would register, in two ways: they would be on the receiving end of a fit for behavior which was (largely) acceptable to the other kids in class, and they would notice the amount of time Portillo was spending on Burton. Either would make them valid judges of whether their education was being adversely impacted.

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^ 7

And I disagree with you.

MayorBob.

Sat May 31, 2008 at 01:21:57 PM EST

5.00 (interesting, astute)

The only thing Portillo has effectively demonstrated to the class is that it's alright to gang up on one member of their group. There are enough gray areas in this story regarding Alex (e.g., does he really have Asperger's, does he have ADD, does he have some other mood disorder, or is he just a nasty little five year old) that you can't possibly come to the conclusion that anyone other than a parent and a medical expert can make the final call on whether Alex should be in the group or not.

Illegitimi non carborundum.

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The speech that dare not say its name

Lou.

Sat May 31, 2008 at 02:50:10 PM EST

none

"talking out problems" which normally gets all kinds of praise from new-agey soft-headed types,

Don't beat around the bush, Gerry...call it appeasement.  You know you want to.

It's the end of the world as we know it, and I feel fine

11

End of story

Lou.

Sat May 31, 2008 at 02:55:38 PM EST

5.00 (astute, astute)

Regardless if the teacher was nice, nasty...if the other kids tormented the one kid, this idiot of a teacher should have known not to pass her authority on to the students she's "teaching".  You simply do not abrogate your authority...end of story.  And, if you do have to talk about a problem student with the good students, you wait until the bad student is out of the room.  Duh!  I weep for the things they teach teachers at teacher colleges where they teach teachers.

It's the end of the world as we know it, and I feel fine

13

update link

gerrymander.

Mon Jun 02, 2008 at 11:24:49 AM EST

5.00 (informative)

OK, so there's been a addition to the story which provides the teacher's side. As could be expected, it's a mixed bag:

Barton had not yet been officially diagnosed when the incident took place. Results since show that he has "an autism-spectrum disorder" and ADD. His behavior is both better and worse than I imagined -- less indication of the screaming fits I supposed, but more frequent examples of other disruptive behaviors.

The vote was taken with prior "prepping the field" of Portillo's preference occurring both before and after Barton returned from a second removal from class that day. While she did have the class publicly describe Barton's behavior to him, neither the name-calling nor any physical abuse by Portillo was corroborated.

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Re: update link

ms sue.

Mon Jun 02, 2008 at 11:39:48 AM EST

5.00 (astute)

The prepping to which you refer is, I believe, this:

Portillo told the officer after he left the classroom with Alex, she talked with the other children.

"Portillo said she explained to them that the students in class were all her priority and she would protect them like a `bear defending her cubs,'" the report said.

Protect "them"? This sounds like inciting.

As for the accuracy of the report, this is all that I was concerned with, and it appears that she corroborates it:

"She said she then asked him to listen to what the children didn't like about the things he did, and she asked him how it made him feel," the report said. "She said at this time, `We polled the class' to see how his peers felt about his return at that time."

This is not how a teacher should ever deal with the discipline problem of a five-year-old child.

Morningside parent Terrence Moore, whose daughter Jessica is in the kindergarten class and was interviewed by the resource officer, said Portillo is an exceptional teacher.

"She's top notch. She's a very caring teacher," Moore said.

Moore said Portillo is big on making sure the children use their manners and she lets the children know what she expects of them.

"In (Jessica's) mind, (the vote) was a real non-event," Moore said.

Right. Let's hear from Moore when something akin to this approach is perpetrated upon her child.

16

My moment of fame.

Ozyman.

Mon Jun 02, 2008 at 03:07:51 PM EST

5.00 (informative, informative)

Here is the police report of what happened:
http://www.slate.com/id/2192480/entry/0/

And, as an aside.  I attended Kindergarten at this school.  As far as I can remember it was without incident.  My mom still lives right across the street from the school.

21

Never a good idea

PenitenziAgite.

Tue Jun 03, 2008 at 02:47:41 AM EST

5.00 (brilliant, funny)

I am reminded of a story told to me by my college roommate from Portland, OR.  Apparently, an elementary school was started that wanted to adhere to all that exploratory learning, touchy-feely free-range children educational theory that was popular at the time.  Someone had the bright idea to let the kids decide what to name the school.  In a nearly unanimous decision by the kids, they decided on 'The Pee-Pee Poo-Poo School'.  Needless to say, this decision was overridden by more realistic, need I say older, people and the school was named 'Our School'.

Sometimes these decisions need to be made by people with a wee bit more life experience than a 6-year old.

sierra tango foxtrot uniform

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Re: Never a good idea

thefadd.

Tue Jun 03, 2008 at 10:34:19 AM EST

none

See the problems obviously arise when the adults override the kids' decisions ;-)

It is easy to buy small plaster models of what you think life is like.

23

Re: The kindergarten class has spoken; it's time f

stevetherobot.

Tue Jun 03, 2008 at 04:55:41 PM EST

5.00 (interesting)

Wait.  Wait.  Holy crap.  You mean this isn't the other story about a kindergarten teacher verbally abusing a five year old and asking the class if they wanted him in the class?  She was caught on tape.

At another point she says: "You've been ignorant, selfish, self-absorbed, the whole thing. I'm done..."

Then Ms. Woodward addresses the class: "He has made every wrong choice possible and he has had more help to make right choices and he has chose not to. So you guys think, is that somebody you want to be with?"

"Noooo," says the kindergarten class in unison.

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Re: The kindergarten class has spoken; it's time f

Lou.

Tue Jun 03, 2008 at 06:20:58 PM EST

none

"You've been ignorant, selfish, self-absorbed, the whole thing. I'm done..."

Holy crap...this is how she feels about a little kid?  Thank god she doesn't teach high school.

It's the end of the world as we know it, and I feel fine

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Re: The kindergarten class has spoken; it's time f

thefadd.

Tue Jun 03, 2008 at 07:11:55 PM EST

5.00 (brilliant)

Thank god she doesn't teach high school.

She should be sentenced to teaching high school. I stand by my what if's and remember when's but there's no defending that.

It is easy to buy small plaster models of what you think life is like.

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Re: The kindergarten class has spoken; it's time f

stevetherobot.

Wed Jun 04, 2008 at 09:48:42 AM EST

none

In case my comment wasn't clear, the teacher and student in my link are not the same ones as in the write up.

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Re: The kindergarten class has spoken; it's time f

PenitenziAgite.

Tue Jun 03, 2008 at 11:49:47 PM EST

none

ignorant, selfish, self-absorbed

...and what kid isn't?

sierra tango foxtrot uniform

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Re: The kindergarten class has spoken; it's time f

HidingFromGoro.

Wed Jun 04, 2008 at 12:36:21 AM EST

5.00 (brilliant)

It's like those ADD diagnosis criteria:  "child would rather run around and play outside than sit and memorize standardized test questions."

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Re: The kindergarten class has spoken; it's time f

PenitenziAgite.

Wed Jun 04, 2008 at 02:06:06 PM EST

5.00 (informative)

The diagnosis criteria for ADD are much more well-defined than that.  Neuropsychologists and psychiatrists have a battery of tests, and ADD can be clearly determined.  There are two basic subtypes of ADD, and hyperactivity is a symptom in only one of them.

sierra tango foxtrot uniform

31

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Re: The kindergarten class has spoken; it's time f

JimmyHavok.

Thu Jun 05, 2008 at 12:25:33 AM EST

5.00 (interesting)

Oddly enough, I had ADD, but I preferred to sit and memorize standardized test questions over playing outside.

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Re: The kindergarten class has spoken; it's time f

PenitenziAgite.

Fri Jun 13, 2008 at 01:52:00 AM EST

none

You still do.  Long-term studies are revealing that it never goes away.  If your lucky, you can manage it.

sierra tango foxtrot uniform

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Re: The kindergarten class has spoken; it's time f

JimmyHavok.

Fri Jun 13, 2008 at 07:08:23 PM EST

none

You still do.

No kidding.  My girlfriend was trying to talk to me about some VERY important family issues last night, and I had to shut the computer off so I could listen to her.

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Re: The kindergarten class has spoken; it's time f

thefadd.

Fri Jun 13, 2008 at 08:40:24 PM EST

none

yeah, but Attention Plethora Disorder, whew, you better watch it, cause that goes away real fast.

It is easy to buy small plaster models of what you think life is like.

This story: 34 comments (5 from subqueue)
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