RE: For Caroline

[Guest guest]

Good Plan Margaret.

Luv caroline

xxx

[Guest guest]

What is wrong that this is acceptable or being tolerated for heaven sakes? We have children bringing plastic knives and toy guns to school and being suspended, expelled, etc. yet, teachers are doing it, and it is okay? Teachers are ADULTS!!! If they have SEX with our children, we are up in arms, but they can threaten to harm and kill and teach 'em still? I do not get that. I was in a custody battle, and statements like this were said once in a heated angry, divorcing rage, one sentence, and it made it so supervised visitations had to happen for over 3 years, etc. so it is a big deal to DHS / SRS whatever they are called in your states. I hope that THIS is whom received the letter you sent, and if not, and it was not long again, I hope you send it in now, as that is completely abusive behavior. Mrs. Carver is mentally ill / has a mental health issue that is either improperly treated and / or NOT TREATED, perhaps as minor at ADHD but it never makes it okay to say such things you can never take back. Something SHOULD happen though with all of this garbage. What in the world.

As for the letter, it was amazingly and impressively well written, keeping much emotion out of it, which should have made it get her fired. She did get fired, right?? If not, I hope you forward it even now on to the school board, social services, etc.---even now---better late than NEVER; reports of abuse remain in that person's 'name,' when 3 complaints of abuse are made, an investigation has to be made so I would report it, even now, and say why you are.

URGH!!!

Ruthie Dolezal

From: cindyelgamal@...Date: Sun, 25 May 2008 22:59:23 -0500Subject: ( ) For Caroline

Wow! It’s hard to imagine a teacher ever saying she would “kill” a student and to do it in front of a parent. What occurred when you sent the superintendent this letter?

From: [mailto: ] On Behalf Of Caroline Buckley & Sent: Saturday, May 24, 2008 11:44 AM Subject: Re: ( ) St. Lucie teacher has students vote on whether 5-year-old can stay in class

Hello Sharon!

This article reminds me of an incident that happened with my own son. Here is a letter that I wrote to the superintentent of the district where my son attends school.

Caroline

Dr. Golden,

My son, , was threatened last Thursday at school by his teacher, Mrs. Carver. The threats were made to my son in front of me as well as in front of several other children in the classroom. Mrs. Carver said to my son: “If you don’t stop talking to me that way I will kill you.” She went on to say that she will “hurt" my son if he continues behaving badly in her class. Mrs. Carver's statements were made in a very serious manner to my son, who is eight years old. Please be aware that there are times when I also do not approve of my son's behavior, but it is inconceivable to think that his life should be threatened because of it.

I immediately spoke to Mr. Garner, the principal at H School, and he said that he knows about the way that Mrs. Carver speaks to the children in her classroom. He stated that the "children know that she is just kidding when she speaks to them that way." Dr. Golden, she was most definitely not kidding: There was no jest or even sarcasm in her voice. She stated in our later discussion that her intent was to scare my son into behaving better and by the look on his face, she was very successful. In fact, her tone was so threatening that I, too, was intimidated by her.

I sent an e-mail later that day to Mr. Garner further stating my concerns about what had happened. Mr. Garner e-mailed me back calling the threats to kill and hurt my son "mistakes" made by Mrs. Carver. I do not consider death threats and threats to cause bodily injury to a child "MISTAKES".

I had an after school conversation about this issue which included Mr. Garner, Mrs. Carver, my mother and myself that same day. Mrs. Carver showed little remorse and even went so far as to indicate that she thought that I am just a troublesome parent. She was argumentative and defensive and although she stated that she was sorry, her words seemed forced and insincere. Mrs. Carver's demeanor and her lack of ability to reflect on her own abusive behavior causes me great concern.

After the incident occurred, I asked Mr. Garner to transfer my son into another third grade classroom at H, but he adamantly refused. I am concerned for the well being of not only my son, but also for the well being of the other children in Mrs. Carver's classroom.

Please be informed that this is my formal, written complaint regarding this issue.

Sincerely,

Caroline Buckley

Top of Form

Bottom of Form

Re: ( ) St. Lucie teacher has students vote on whether 5-year-old can stay in class

I just read this article, and I find it appalling.

How could a person (no less a teacher) humiliate another person like this.

That poor child must be scarred. I was seething while reading this.

That teacher should at best, be suspended without pay.

And then they should probably put her in a room with her peers

and ask everyone there what they don't like about her, and see

if they wanted to vote her out of the school. Maybe she would then

feel a smidgen of what must have felt. SHAME on her.

She should find another career.

Sharon

Ari Ne'eman <Aneemangmail (DOT) com> wrote:

http://www.tcpalm. com/news/ 2008/may/ 23/st-lucie- teacher-has- class-vote- whether-5- year-old/ ?printer= 1/

St. Lucie teacher has students vote on whether 5-year-old can stay in class

By Colleen Wixon

Originally published 01:50 p.m., May 23, 2008 Updated 04:30 p.m., May 23, 2008

PORT ST. LUCIE — Barton said she is considering legal action after her son's kindergarten teacher led his classmates to vote him out of class.

After each classmate was allowed to say what they didn't like about Barton's 5-year-old son, , his Morningside Elementary teacher said they were going to take a vote, Barton said.

By a 14 to 2 margin, the class voted him out of the class.

Barton said her son is in the process of being diagnosed with Aspberger's, a type of high-functioning autism. began the testing process in February for an official diagnosis under the suggestion of Morningside Principal Marsha Cully.

has had disciplinary issues because of his disabilities, Barton said. The school and district has met with Barton and her son to create an individual education plan, she said. His teacher, Portillo, has attended these meetings, she said.

Barton said after the vote, 's teacher asked him how he felt.

"He said, 'I feel sad,'" she said.

left the classroom and spent the rest of the day in the nurse's office, she said.

Barton said when she came to pick up her son at the school on Wednesday, he was leaving the nurse's office.

"He was shaken up," she said. Barton said the nurse told her to talk with the child's teacher, who told her what happened.

hasn't been back to school since then, and Barton said he won't be returning. He starts screaming when she brings him with her to drop off his sibling at school.

Thursday night, his mother heard him saying "I'm not special."

Barton said is reliving the incident.

They said he was "disgusting" and "annoying," Barton said.

"He was incredibly upset," Barton said. "The only friend he has ever made in his life was forced to do this."

The child's mother filed a complaint with the school resource officer, who investigated the matter, said Port St. Lucie spokeswoman Steele said. But the state attorney's office concluded the matter did not meet the criteria for emotional child abuse, so no criminal charges will be filed, Steele said. Port St. Lucie Police is no longer investigating, but is documenting the complaint, she said.

Steele said the teacher confirmed the incident did occur.

St. Lucie School's spokeswoman Janice Karst said the district is investigating the incident, but could not make any further comment.

Vern Melvin, Department of Children and Families circuit administrator, confirmed the agency is investigating an allegation of abuse at Morningside, but said he could not elaborate.

-- Ari Ne'emanPresidentThe Autistic Self Advocacy Network1101 15th Street, NW Suite 1212Washington, DC 20005http://www.autistic advocacy. org732.763.5530

[Guest guest]

Hello !

The school district refused to move my son until I threatened to go to the school board. A week later , he was finally moved. Their reasons for not moving him were that the school has 20 students in each third grade class. Moving him into another class at the same school would put 21 in one class and 19 in another. Dr. Golden stated that he is *mandated* by the federal government to maintain a 20 to 1 ratio at 's school. I reminded that he is only *mandated* to maintain this ratio of students to teachers if he accepts extra money for the district for maintaining this ratio. In, essence, it was a money thing. Dr. Golden would lose money for the district if he moved my son. He even went so far as to suggest that I move to another school if I thought that Mrs. Carver was so horrible. Can you believe it! They wanted to punish my son for the teacher's

behavior!

I sent the same letter to the California Commission on Teacher Credentialing to make a complaint against Mrs.; Carver's teaching credential. They sent me a letter back saying that this incident was not enough to put a mark on her record.

The only thing that the school district did to Mrs. Carver was to write her up for using sarcasm in the classroom.

Caroline

Re: ( ) St. Lucie teacher has students vote on whether 5-year-old can stay in class

I just read this article, and I find it appalling.

How could a person (no less a teacher) humiliate another person like this.

That poor child must be scarred. I was seething while reading this.

That teacher should at best, be suspended without pay.

And then they should probably put her in a room with her peers

and ask everyone there what they don't like about her, and see

if they wanted to vote her out of the school. Maybe she would then

feel a smidgen of what must have felt. SHAME on her.

She should find another career.

Sharon

Ari Ne'eman <Aneemangmail (DOT) com> wrote:

http://www.tcpalm. com/news/ 2008/may/ 23/st-lucie- teacher-has- class-vote- whether-5- year-old/ ?printer= 1/

St. Lucie teacher has students vote on whether 5-year-old can stay in class

By Colleen Wixon

Originally published 01:50 p.m., May 23, 2008 Updated 04:30 p.m., May 23, 2008

PORT ST. LUCIE — Barton said she is considering legal action after her son's kindergarten teacher led his classmates to vote him out of class.

After each classmate was allowed to say what they didn't like about Barton's 5-year-old son, , his Morningside Elementary teacher said they were going to take a vote, Barton said.

By a 14 to 2 margin, the class voted him out of the class.

Barton said her son is in the process of being diagnosed with Aspberger's, a type of high-functioning autism. began the testing process in February for an official diagnosis under the suggestion of Morningside Principal Marsha Cully.

has had disciplinary issues because of his disabilities, Barton said. The school and district has met with Barton and her son to create an individual education plan, she said. His teacher, Portillo, has attended these meetings, she said.

Barton said after the vote, 's teacher asked him how he felt.

"He said, 'I feel sad,'" she said.

left the classroom and spent the rest of the day in the nurse's office, she said.

Barton said when she came to pick up her son at the school on Wednesday, he was leaving the nurse's office.

"He was shaken up," she said. Barton said the nurse told her to talk with the child's teacher, who told her what happened.

hasn't been back to school since then, and Barton said he won't be returning. He starts screaming when she brings him with her to drop off his sibling at school.

Thursday night, his mother heard him saying "I'm not special."

Barton said is reliving the incident.

They said he was "disgusting" and "annoying," Barton said.

"He was incredibly upset," Barton said. "The only friend he has ever made in his life was forced to do this."

The child's mother filed a complaint with the school resource officer, who investigated the matter, said Port St. Lucie spokeswoman Steele said. But the state attorney's office concluded the matter did not meet the criteria for emotional child abuse, so no criminal charges will be filed, Steele said. Port St. Lucie Police is no longer investigating, but is documenting the complaint, she said.

Steele said the teacher confirmed the incident did occur.

St. Lucie School's spokeswoman Janice Karst said the district is investigating the incident, but could not make any further comment.

Vern Melvin, Department of Children and Families circuit administrator, confirmed the agency is investigating an allegation of abuse at Morningside, but said he could not elaborate.

Scripps Lighthouse" src="http://web.tcpalm.com/static/images/tcp/bgs/lighthouse_printer_footer.gif" width=30 border=0>-- Ari Ne'emanPresidentThe Autistic Self Advocacy Network1101 15th Street, NW Suite 1212Washington, DC 20005http://www.autistic advocacy. org732.763.5530

[Guest guest]

Hello Ruthie!

I did call Child Protective Services......they said that since the school police were involved, they would let them handle the incident. I reminded them that the school police are paid by the same district that employs Mrs. Carver but they were not concerned about it. The school police said that they could not do anything to Mrs. Carver. They said that they called the local DA and the DA said that he would not take a misdemeanor threat case seriously. The whole thing was quickly dropped by the district.

Mrs. Carver is still teaching a class of third grade children.

My only recourse is to tell every parent that will listen to me about what happened.

Caroline

Re: ( ) St. Lucie teacher has students vote on whether 5-year-old can stay in class

I just read this article, and I find it appalling.

How could a person (no less a teacher) humiliate another person like this.

That poor child must be scarred. I was seething while reading this.

That teacher should at best, be suspended without pay.

And then they should probably put her in a room with her peers

and ask everyone there what they don't like about her, and see

if they wanted to vote her out of the school. Maybe she would then

feel a smidgen of what must have felt. SHAME on her.

She should find another career.

Sharon

Ari Ne'eman <Aneemangmail (DOT) com> wrote:

http://www.tcpalm. com/news/ 2008/may/ 23/st-lucie- teacher-has- class-vote- whether-5- year-old/ ?printer= 1/

St. Lucie teacher has students vote on whether 5-year-old can stay in class

By Colleen Wixon

Originally published 01:50 p.m., May 23, 2008 Updated 04:30 p.m., May 23, 2008

PORT ST. LUCIE — Barton said she is considering legal action after her son's kindergarten teacher led his classmates to vote him out of class.

After each classmate was allowed to say what they didn't like about Barton's 5-year-old son, , his Morningside Elementary teacher said they were going to take a vote, Barton said.

By a 14 to 2 margin, the class voted him out of the class.

Barton said her son is in the process of being diagnosed with Aspberger's, a type of high-functioning autism. began the testing process in February for an official diagnosis under the suggestion of Morningside Principal Marsha Cully.

has had disciplinary issues because of his disabilities, Barton said. The school and district has met with Barton and her son to create an individual education plan, she said. His teacher, Portillo, has attended these meetings, she said.

Barton said after the vote, 's teacher asked him how he felt.

"He said, 'I feel sad,'" she said.

left the classroom and spent the rest of the day in the nurse's office, she said.

Barton said when she came to pick up her son at the school on Wednesday, he was leaving the nurse's office.

"He was shaken up," she said. Barton said the nurse told her to talk with the child's teacher, who told her what happened.

hasn't been back to school since then, and Barton said he won't be returning. He starts screaming when she brings him with her to drop off his sibling at school.

Thursday night, his mother heard him saying "I'm not special."

Barton said is reliving the incident.

They said he was "disgusting" and "annoying," Barton said.

"He was incredibly upset," Barton said. "The only friend he has ever made in his life was forced to do this."

The child's mother filed a complaint with the school resource officer, who investigated the matter, said Port St. Lucie spokeswoman Steele said. But the state attorney's office concluded the matter did not meet the criteria for emotional child abuse, so no criminal charges will be filed, Steele said. Port St. Lucie Police is no longer investigating, but is documenting the complaint, she said.

Steele said the teacher confirmed the incident did occur.

St. Lucie School's spokeswoman Janice Karst said the district is investigating the incident, but could not make any further comment.

Vern Melvin, Department of Children and Families circuit administrator, confirmed the agency is investigating an allegation of abuse at Morningside, but said he could not elaborate.

Scripps Lighthouse" src="http://web.tcpalm.com/static/images/tcp/bgs/lighthouse_printer_footer.gif" width=30 border=0>-- Ari Ne'emanPresidentThe Autistic Self Advocacy Network1101 15th Street, NW Suite 1212Washington, DC 20005http://www.autistic advocacy. org732.763.5530

[Guest guest]

I would write a letter to your local paper / letter to the editor. I would also cut out copies of your article and send it ON to your local representative, legislatures, along with the response (and keep your notes short, sweet, and unemotional---just concerned our schools letting this happen----they get their money FROM THEM and WHAT THEY BUDGET TO THEM!!!). Further, I would file a written complaint with your state board of education. In Iowa, I would personally call LOIS IRWIN in Des Moines to address this (I would do that---talk to someone live----someone that can help---and WILL--Lois would---I know her so I can say that for Iowa but that is a MUST)----------------. This has to be addressed without all the B.S. It is discrimination, so get a lawyer. If you are in Iowa, contact Doug Oelschlaeger and Shutterworth and Ingersoll (if not, you STILL MAY WANT TO CONTACT HIM!!!)---------he has tried a case at federal court and won; he is an amazing guy and lawyer. He has a daughter starting med school in the fall specializing in developmental peds with a special interest in AS; his youngest son, in high school now, has grown up with a best friend with AS. So, he is perfect for law work in this field; I WOULD CONTACT HIM or someone else but you have a huge lawsuit / case here, and nothing to mess with!!!! This meets numerous criteria of law breaking / rights / etc. You SHOULD be able to get the word out, and I would almost think lawyers will pro-bono your case knowing they will win. And know none of this will solve the problem today; schools CANNOT admit guilt so the fight will take 8-10 years but it is the right path to take. If they admit fault, they open themselves up for lawsuits. So, that is that. Meanwhile, your son shall never return there. And, I must tell you, he is the cutest child ever; he looks like he could be a model per the pictures I have seen. Not that looks matter, but he IS adorable!! He will be a heartbreaker!!!

DO NOT GIVE UP ON THIS FIGHT. IF I WERE A LAWYER, I WOULD BE ON THE PLANE!!!!! I am just a mom, well-educated and over the top experienced by too many personal experiences, numerous that no one else will nor should they have to experience. I have just about done it all, 'cuz I have. I was adopted at birth, parents divorced, grew up with my stable wonderful mom; adopted father alcoholic, abusive, etc.; met my birth parents, know them and my families from them now; just have done a lot of things.....................so, one day, after I get my masters in psychology, I plan to be an expert witness for people / cases like yours. For today, I would be thrown out by a good lawyer because I don't have the masters degree credentials or higher they want to classify me as an expert. So, until then, I help this way.

LET ME KNOW WHAT YOU FIND OUT. FEEL FREE TO E-MAIL me privately; I am happy to give you my phone number, etc. to talk if you need someone to talk to, get more ideas, places to call, etc. I even have family in Florida (LOTS OF FAMILY THERE ACTUALLY) so you never know, perhaps a place to stay while you fight or go to court somewhere, but you have to fight this and work your way up the food chain; this is just not acceptable.

YOU NEED TO NOTIFY ABC's DATELINE, 20/20, PRIMETIME, and get these types of folks on this too. THIS IS JUST SOMETHING THIS SCHOOL cannot be allowing for heaven sakes, to vote a student OUT OF SCHOOL???? WHAT THE WORLD, and she is still teaching!!!

Ruthie

From: emmett14@...Date: Mon, 26 May 2008 08:43:10 -0700Subject: Re: ( ) For Caroline

Hello Ruthie!

I did call Child Protective Services......they said that since the school police were involved, they would let them handle the incident. I reminded them that the school police are paid by the same district that employs Mrs. Carver but they were not concerned about it. The school police said that they could not do anything to Mrs. Carver. They said that they called the local DA and the DA said that he would not take a misdemeanor threat case seriously. The whole thing was quickly dropped by the district.

Mrs. Carver is still teaching a class of third grade children.

My only recourse is to tell every parent that will listen to me about what happened.

Caroline

Re: ( ) St. Lucie teacher has students vote on whether 5-year-old can stay in class

I just read this article, and I find it appalling.

How could a person (no less a teacher) humiliate another person like this.

That poor child must be scarred. I was seething while reading this.

That teacher should at best, be suspended without pay.

And then they should probably put her in a room with her peers

and ask everyone there what they don't like about her, and see

if they wanted to vote her out of the school. Maybe she would then

feel a smidgen of what must have felt. SHAME on her.

She should find another career.

Sharon

Ari Ne'eman <Aneemangmail (DOT) com> wrote:

http://www.tcpalm. com/news/ 2008/may/ 23/st-lucie- teacher-has- class-vote- whether-5- year-old/ ?printer= 1/

St. Lucie teacher has students vote on whether 5-year-old can stay in class

By Colleen Wixon

Originally published 01:50 p.m., May 23, 2008 Updated 04:30 p.m., May 23, 2008

PORT ST. LUCIE — Barton said she is considering legal action after her son's kindergarten teacher led his classmates to vote him out of class.

After each classmate was allowed to say what they didn't like about Barton's 5-year-old son, , his Morningside Elementary teacher said they were going to take a vote, Barton said.

By a 14 to 2 margin, the class voted him out of the class.

Barton said her son is in the process of being diagnosed with Aspberger's, a type of high-functioning autism. began the testing process in February for an official diagnosis under the suggestion of Morningside Principal Marsha Cully.

has had disciplinary issues because of his disabilities, Barton said. The school and district has met with Barton and her son to create an individual education plan, she said. His teacher, Portillo, has attended these meetings, she said.

Barton said after the vote, 's teacher asked him how he felt.

"He said, 'I feel sad,'" she said.

left the classroom and spent the rest of the day in the nurse's office, she said.

Barton said when she came to pick up her son at the school on Wednesday, he was leaving the nurse's office.

"He was shaken up," she said. Barton said the nurse told her to talk with the child's teacher, who told her what happened.

hasn't been back to school since then, and Barton said he won't be returning. He starts screaming when she brings him with her to drop off his sibling at school.

Thursday night, his mother heard him saying "I'm not special."

Barton said is reliving the incident.

They said he was "disgusting" and "annoying," Barton said.

"He was incredibly upset," Barton said. "The only friend he has ever made in his life was forced to do this."

The child's mother filed a complaint with the school resource officer, who investigated the matter, said Port St. Lucie spokeswoman Steele said. But the state attorney's office concluded the matter did not meet the criteria for emotional child abuse, so no criminal charges will be filed, Steele said. Port St. Lucie Police is no longer investigating, but is documenting the complaint, she said.

Steele said the teacher confirmed the incident did occur.

St. Lucie School's spokeswoman Janice Karst said the district is investigating the incident, but could not make any further comment.

Vern Melvin, Department of Children and Families circuit administrator, confirmed the agency is investigating an allegation of abuse at Morningside, but said he could not elaborate.

Scripps Lighthouse" src="http://web.tcpalm.com/static/images/tcp/bgs/lighthouse_printer_footer.gif" width=30 border=0>-- Ari Ne'emanPresidentThe Autistic Self Advocacy Network1101 15th Street, NW Suite 1212Washington, DC 20005http://www.autistic advocacy. org732.763.5530

[Guest guest]

Okay, I got the stories mixed up; I do believe the DHS is wrong here though; threats are threats and not acceptable in the classroom; I confused this case with the FLORIDA BABY--5 kicked out of the classroom. This is all confusing I guess. But, I would contact your school board anyway; the kill threats are incredibly unacceptable. School board members are NOT PAID; my cousin is one and takes his job seriously, very seriously, and they need to know; they probably don't want to renew this teachers contract. Additionally, I am thinking they may fire her and the principal and the superintendent. YOU NEED TO TELL THEM EVERYTHING, and you need to go public in your community, concerns she is saying these things. This is life damaging and permanent to children, which is unacceptable and not appropriate in any childcare setting, learning center, daycare, school, or otherwise.

I am TELLING YOU if you said this to your child in your front yard, DHS would threaten to take your kids if you did not see a shrink, etc., and if you were not then medicated, most likely, never see your kids unsupervised. At least, my son's father used this stuff and was successful during a story he had once, so I am here to tell you it IS a problem and should NOT be happening by the educator EVER, EVER, EVER. NO ONE IS LEARNING FROM HER at all; all they can think of is fear and concerns of her threats, etc. SERIOUSLY. I know that is all I would think about if I was in third grade and she was my wacked out teacher. We had a witchy fourth grade teacher and she was witchy. My 3rd grade teacher and I still coorespond; she was dream boat---what did I learn? Could not tell you but I can still tell you I loved her, and still like her a whole lot!!!

Ruthie

From: emmett14@...Date: Mon, 26 May 2008 08:33:48 -0700Subject: Re: ( ) For Caroline

Hello !

The school district refused to move my son until I threatened to go to the school board. A week later , he was finally moved. Their reasons for not moving him were that the school has 20 students in each third grade class. Moving him into another class at the same school would put 21 in one class and 19 in another. Dr. Golden stated that he is *mandated* by the federal government to maintain a 20 to 1 ratio at 's school. I reminded that he is only *mandated* to maintain this ratio of students to teachers if he accepts extra money for the district for maintaining this ratio. In, essence, it was a money thing. Dr. Golden would lose money for the district if he moved my son. He even went so far as to suggest that I move to another school if I thought that Mrs. Carver was so horrible. Can you believe it! They wanted to punish my son for the teacher's behavior!

I sent the same letter to the California Commission on Teacher Credentialing to make a complaint against Mrs.; Carver's teaching credential. They sent me a letter back saying that this incident was not enough to put a mark on her record.

The only thing that the school district did to Mrs. Carver was to write her up for using sarcasm in the classroom.

Caroline

Re: ( ) St. Lucie teacher has students vote on whether 5-year-old can stay in class

I just read this article, and I find it appalling.

How could a person (no less a teacher) humiliate another person like this.

That poor child must be scarred. I was seething while reading this.

That teacher should at best, be suspended without pay.

And then they should probably put her in a room with her peers

and ask everyone there what they don't like about her, and see

if they wanted to vote her out of the school. Maybe she would then

feel a smidgen of what must have felt. SHAME on her.

She should find another career.

Sharon

Ari Ne'eman <Aneemangmail (DOT) com> wrote:

http://www.tcpalm. com/news/ 2008/may/ 23/st-lucie- teacher-has- class-vote- whether-5- year-old/ ?printer= 1/

St. Lucie teacher has students vote on whether 5-year-old can stay in class

By Colleen Wixon

Originally published 01:50 p.m., May 23, 2008 Updated 04:30 p.m., May 23, 2008

PORT ST. LUCIE — Barton said she is considering legal action after her son's kindergarten teacher led his classmates to vote him out of class.

After each classmate was allowed to say what they didn't like about Barton's 5-year-old son, , his Morningside Elementary teacher said they were going to take a vote, Barton said.

By a 14 to 2 margin, the class voted him out of the class.

Barton said her son is in the process of being diagnosed with Aspberger's, a type of high-functioning autism. began the testing process in February for an official diagnosis under the suggestion of Morningside Principal Marsha Cully.

has had disciplinary issues because of his disabilities, Barton said. The school and district has met with Barton and her son to create an individual education plan, she said. His teacher, Portillo, has attended these meetings, she said.

Barton said after the vote, 's teacher asked him how he felt.

"He said, 'I feel sad,'" she said.

left the classroom and spent the rest of the day in the nurse's office, she said.

Barton said when she came to pick up her son at the school on Wednesday, he was leaving the nurse's office.

"He was shaken up," she said. Barton said the nurse told her to talk with the child's teacher, who told her what happened.

hasn't been back to school since then, and Barton said he won't be returning. He starts screaming when she brings him with her to drop off his sibling at school.

Thursday night, his mother heard him saying "I'm not special."

Barton said is reliving the incident.

They said he was "disgusting" and "annoying," Barton said.

"He was incredibly upset," Barton said. "The only friend he has ever made in his life was forced to do this."

The child's mother filed a complaint with the school resource officer, who investigated the matter, said Port St. Lucie spokeswoman Steele said. But the state attorney's office concluded the matter did not meet the criteria for emotional child abuse, so no criminal charges will be filed, Steele said. Port St. Lucie Police is no longer investigating, but is documenting the complaint, she said.

Steele said the teacher confirmed the incident did occur.

St. Lucie School's spokeswoman Janice Karst said the district is investigating the incident, but could not make any further comment.

Vern Melvin, Department of Children and Families circuit administrator, confirmed the agency is investigating an allegation of abuse at Morningside, but said he could not elaborate.

Scripps Lighthouse" src="http://web.tcpalm.com/static/images/tcp/bgs/lighthouse_printer_footer.gif" width=30 border=0>-- Ari Ne'emanPresidentThe Autistic Self Advocacy Network1101 15th Street, NW Suite 1212Washington, DC 20005http://www.autistic advocacy. org732.763.5530