Legal news for Florida personal injury attorney. St. Lucie County teacher sued for voting a kindergartener out of class.

Florida personal injury attorney alert- St. Lucie County teacher sued for allowing classmates to vote a child with autism out of class.

West Palm Beach, FL—The mother of the 5-year-old child who was voted “survivor-style” out of class by his teacher and classmates on May 21, 2008, for disruptive behavior filed a lawsuit on Thursday, August 27, 2009. The lawsuit named the St. Lucie County School Board, teacher Wendy Portillo, the principal and vice principal at Morningside Elementary, Superintendent Michael Lannon, the local head of education for special needs, and the St. Lucie County Classroom Teachers Association and Classified Unit, as reported by The Miami-Herald.

Melissa Barton, the mother of Alex Barton, claimed her son was “forced to stand in front of his peers and be told why ‘they hated him,’ with such comments as (Alex) is ‘disgusting’ and ‘annoying,’ ‘He eats crayons,’ ‘Lies on the floor,’ ‘He eats paper’ and ‘He eats his boogers.” His classmates reportedly voted against Alex 14-2, to be kicked out of his kindergarten class. Alex did not return to class after the horrific incident, and finished his kindergarten year in home schooling. After the incident, medical doctors diagnosed Alex with Asperser’s syndrome, a form of autism. The lawsuit also alleges, the traumatic incident has destroyed Alex’s self-esteem, and made him nervous around unfamiliar people. In addition, the lawsuit claims Morningside Elementary School inflicted emotional distress and neglected the kindergartener’s equal protection, and violated his rights protected under the American with Disabilities Act. The St. Lucie County School Board suspended Portillo for one year and stripped her of her tenure. In June, the tenure decision was reversed after parents and fellow teachers rallied on Portillo’s side.

Legal News Reporter: Nicole Howley-Legal news for Florida lawyers specializing in personal injury claims.