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Trials & Litigation

Voted Out of Kindergarten by Classmates, Autistic Boy, 5, Gets $350K Settlement

The family of a 5-year-old boy who, at his teacher’s suggestion, was voted out of his kindergarten class by the other children has won a $350,000 settlement of a federal lawsuit.

About $150,000 of the money will be paid in structured settlement, starting in 2020, when Alex Barton is 18 years old and continuing until 2032, TC Palm. The remaining $200,000 will be paid within 30 days.

The settlement with the St. Lucie County School Board and the St. Lucie County School Classroom Teachers Association in the Southern District of Florida suit must still be OK’d by a guardian ad litem and the court before it is final.

There was no admission of liability.

Alex Barton, who was being tested for a mild form of autism at the time of the 2008 incident, was reportedly brought to the front of the Port St. Lucie School classroom by his teacher, Wendy Portillo. She gave each of his classmates a chance to say what they didn’t like about him, according to his mother, then allowed them to vote on whether he should be allowed to stay in school. He lost, 14-2.

Those involved in the case declined to comment, says the newspaper article, except for attorney Allen Sang, who represents Portillo. She was suspended for a year after the classroom incident, but did not herself have to pay for the settlement because she was indemnified by the school board, he tells the TC Palm.

At this point, she wants to move on and focus on her job and “is just very happy to be back in the classroom doing what she loves to do,” Sang says.

Updated on Dec. 3 to correct the spelling of “kindergarten” in the headline.

Earlier coverage:

ABAJournal.com: “Mom Hears From AG, Concerned Parents After Class Voted to Expel Her Autistic Son”