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Jun. 7th, 2008 06:58 pm
patgund: Knotwork (Safety)
[personal profile] patgund
(Note, the school has NO relation to where I work!)

Family of Alex Barton plans to file civil lawsuit for discrimination, civil rights violations

"The family of the kindergarten boy voted out of class last month is moving forward with a civil lawsuit, said the boy's mother, Melissa Barton.
Barton said her attorney has put the St. Lucie County School District on notice he intends to file a civil lawsuit, claiming discrimination and that 5-year-old Alex Barton's civil rights were violated.

A notice was filed with the district's legal department, Barton said. The district now has six months to respond before an official lawsuit can be filed, she said.

Alex's Morningside Elementary teacher, Wendy Portillo, allowed his classmates to tell him what they thought of his behavior, while he stood in front of the class, according to police reports of the incident. Portillo told investigators Alex had been misbehaving and had two disciplinary referrals that day.

The class then voted whether Alex should be allowed to stay in the class. Alex lost, 14 to 2.

Alex was officially diagnosed less than a week later with an autism-spectrum disorder, Barton said. He began the process of being tested for the disorder in February, at the suggestion of Morningside Principal Marcia Cully. Barton has said the teacher knew about the testing at the time of the vote."
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