Teacher Suspended For Voting Out Autistic Student Appeals

(Fort Pierce) Until today, all we know is Alex Barton's story.

The 5 year-old autistic boy, subjected to a name-calling line-up in front of students.

"The students made the following comments. quote--you put boogers on me, quote--you are always laying under the table, quote--you put your laces in your mouth, quote--you flick crayons on us." St. Lucie School District Attorney Elizabeth Coke said, "He was disrupting the class. Specifically the disciplinary form Portillo performed states that he was eating crayons crawling under the table and pushing it up with his feet."

His teacher, Wendy Portillo, sent him to the principal's office, and when he returned, then had the class vote,14-to-2 for him to be kicked out.

Alex was later diagnosed with Asberger's, a form of Autism, which explains his outbursts.  His story caught national attention, and then worldwide attention, with Alex being interviewed on the CBS Morning Show.

"Miss Portillo had a variety of interventions she could use to modify (Alex's) behavoir. Voting him out of the class was not one of them." Coke said in her opening statement.

Now a judge decides if Portillo will be allowed back in an elementary classroom, facing a one-year suspension for the act, and revoking the right for her to ever teach elementary-aged children ever again. Portillo had an exemplary record for 12 years with the district at Morningside Elementary in Port St. Lucie.

"Today judge, Wendy Portillo gets to tell her side of the story." said Portillo's attorney David Walker, "Miss Portillo did something that in retrospect--in retrospect--she should not have done. And for that she is sorry."

18 teachers from Morningside Elementary signed a petition to get Portillo back.

But nearly 2,000 emailed to call for her termination.

"I know we have teachers who weighed in on both sides from around the world." testified Michael Lannon, St. Lucie County Superintendent. "Termination is among a series of options I had available to me."

"You do understand the school board has been put on notice of an intent to sue by the mother of (Alex Barton)?" Walker questioned Lannon. 

"I do." Lannon responded.

"You do understand if successful, potentially large monetary damages will be rendered against the St. Lucie county school board?" Walker followed. 

"That is possible yes." Lannon said. Portillo's attorney argued the district's motivation for a severe one-year suspension and termination of tenure, was in part, the lawsuit pending by Alex Barton's family.

Alex's mother says her son cannot handle testifying.

"Nothing less than being fired is acceptable. Teaching is a privilege, and you would not know my name, you would not know my son's name if it weren't for the actions of Wendy Portillo."

"Alex is not coming?" we asked.

"No he's not coming. Absolutely not. I won't allow him to come." said Melissa Barton, Alex's mother, who said Alex is afraid of Wendy Portillo since the vote took place. "If she was remorseful, she would not be here today. She would accept the punishment she deserves--the light punishment at that--and apologize."

So far her attorney is talking, but Portillo has yet to say a word.