I’ve recently begun following the story of Alex Barton (a primary grades student with Asperger Syndrome) and Wendy Portillo (a kindergarten teacher). The story is set in Port St. Lucie, Florida, where Portillo had Alex in her class at Morningside Elementary School.
The story is interesting to me for a variety of reasons. I’m a special education teacher certified in autism; I’ve worked with students with disabilities in a kindergarten classroom. I’m also certified in administration; I suppose I could find myself someday having to manage and lead a school in the aftermath of an incident like this.
While the story is not simple, there are some simple facts associated with it:
- Portillo’s kindergarten class had at least 17 students in it, including Alex.
- In May, 2008 students in the class discussed Alex while he listened and voted 14-2 to exclude him.
- Alex has been diagnosed with Asperger Syndrome.
- Alex stopped going to the school for a period of time after the incident and may still not be attending the school.
- Alex has a brother, Kyle, who also attends the school and participates in the gifted program.
- Kyle continued to attend the school after the incident and may still continue to attend the school.
- Portillo was suspended as a result of the incident for one year, without pay.
- Portillo was reinstated and will return to the classroom in November, when her one year suspension is up.
- The situation has become emotional and personal. Parents and the community seem to have sided in large numbers with Portillo and have picketed the school and confronted Alex’s mother, Melissa Barton (now pregnant), when she comes to pick up Kyle. At least once she’s been in a physical altercation with another parent (though it seems no charges have been filed).
- The case has attracted nation attention from the disabilities community, and the local school board has received over 2,000 requests to terminate Portillo. Melissa Barton was recently on CBS’s The Early Show to talk about the case.
- Melissa Barton maintains a website designed to pressure the school system to terminate Portillo.
- Portillo (the only adult in the room when the incident occurred) has been prohibited by a court gag order from discussing the incident for most of the time since it happened.
That’s most of what we know…
Some fuzzier details:
- It is not clear that Alex had been identified as meeting the requirements of the Individuals with Disabilities Education Act (IDEA) and thus qualifyed as a “special ed” student at the time of the incident. While the distinction may seem semantic, Portillo’s actions were aimed at a child who was being evaluated for a possible disability, not against a child who’d been determined to have a disability. And it seems probable that either Portillo would not have had Alex in her class if he’d already been identified as having Asperger Syndrome or she would have had the assistance of a special education aide or teacher in her room with him.
- While most accounts of the story make it sound as though the vote was on the question of whether to exclude Alex, some accounts make it seem that the vote was on whether or not to readmit Alex to class after he’d already been sent to the principal’s office for being disruptive.
- While most account make it seem like students voted to exclude Alex from membership in the class, some accounts make it seem more like students were voting on whether to readmit him at that moment (as opposed to later in the day, or the next day).
- While verifying such accusations are problematic, Melissa Barton describes herself and her family now as the target of retribution from the local school system.
From a great distance away and without the benefit of knowing anyone involved in any of this, I can make a couple of observations.
First, it’s always interesting to me to see how the crowd that gathers in the blogosphere (or in real life) after an incident like this always wants the offending party fired, and fired now. Sometimes (in the eyes of the mob, at least) people do things so bad that they don’t deserve due process. Of course, without due process we don’t really know that they did it. As a card-carrying member of the ACLU I’m rarely in favor of doing away with due process. Of course, suspending a teacher until we decide what actually happened is just part and parcel of due process when children are involved.
Second, unless there’s more to it (there may well be) or a prolonged pattern of this kind of behavior on the part of Portillo, it’s difficult for me to see firing a teacher over this one incident. I’m not minimizing it. It’s a horrible lapse of professional judgment that should be severely reprimanded. We know Portillo was suspended for a year without pay as a result of the incident. Exactly what other consequences she may have suffered in terms of requirements being placed on her (probation of some kind, or to attend professional development workshops on autism, for example) are probably confidential under state personnel law. And they should be.
Third, we live in a society where people get compensated when their rights are violated the way Alex’s rights seem to have been. I sympathize with Melissa Barton and her son, Alex; but she doesn’t seem to want compensation. She seems to want blood. Wendy Portillo appears to have made a profound professional mistake. Portillo and the district almost certainly have liability insurance to compensate the Barton family for the harm caused by that mistake. Retribution and revenge have been replaced in our history with litigation and restitution. However distasteful litigation may seem at times, it’s far more civilized than revenge.
Should Portillo still be teaching? There are a number of considerations in answering that question. We haven’t seen much about her personnel record and we probably won’t. I don’t know the Florida education job market well, but I know that most districts locate a replacement for a teacher before they fire them. Are there kindergarten teachers in South Florida standing around waiting to be hired? If this is the only dark spot on Portillo’s record as an educator, I suspect she’s learned a lot from it. Firing Portillo might make Alex’s mother feel better; but I’m not sure it will do much for Alex.
You can read other people’s thoughts about the case here: