This is a long post. I hope you will forgive me and bear with me and go on to read it all. The information here is directly from the blog Thinking in Metaphors.
Mrs. Wendy Portillo is a Kindergarten teacher at Morningside Elementary, in Port St. Lucie Florida. On Wednesday April 21st, 2008, Mrs. Portillo likely caused permanent emotional scarring of one of her 5 year old students. In a story by Colleen Wixon of the TCPalm
, Mrs. Portillo led her class in a “Survivor” type vote to exclude Alex Barton from the class. The 5 year old was placed in front of the class and each student was allowed to say what they didn’t like about Alex (reportedly telling Alex he was disgusting and annoying) and then a vote was taken on whether Alex should be allowed to be included in the classroom or not. By a 14 to 2 margin, the students voted Alex out of the class. He was then sent to the nurse’s office. When Alex’s mother, Melissa Barton came to pick him up, she found Alex “shaken-up”.
The following night (Thursday), Alex’s mother, Melissa, overheard Alex saying “I’m not special” over and over again. According to his mother, Alex is reliving the incident. Mrs. Barton stated “He was incredibly upset” and “The only friend he has ever made in his life was forced to do this”.
One fact that makes what Ms. Portillo did especially egregious is that since February, Ms. Portillo has known that Alex was undergoing an evaluation by the school system in Port St. Lucie for a disability covered under the federal Individuals with Disabilities Education Act (”IDEA”). The IDEA is a law ensuring that students with disabilities receive services throughout the nation. Alex was being evaluated for possibly having Asperger’s Syndrome, one of the five pervasive developmental disorders associated with an Autism Spectrum Disorder. The IDEA requires that the school system evaluate the child and if found to have a covered disability, an IEP
(Individual Education Program) is to be created by a team. The team consists of the child’s teacher (for Alex it was Ms. Portillo), a special education teacher, parents, and the school’s specialized professionals such as a speech pathologist, occupational therapists etc. According to reports, Ms. Portillo had been participating with the IEP team since Alex was identified as a child possibly covered under IDEA.
I find it incredible that Ms. Portillo, knowing that Alex most likely had a disability
affecting his ability to communicate and socialize in a typical way, would nonetheless do exactly what is possibly the worst thing she could do and that is to subject him to public humiliation and to teach the other children the dynamics and acceptability of a mob bullying. Even if Alex didn’t have a disability, the implications of what Ms. Portillo did is nothing short of outrageous. What she did was aggressive and anti-social. She used her authority to organize what was essentially a psychological mob lynching of a five year old.
Mrs. Barton has attempted to find redress with Morningside Elementary’s resource officer. According to Michelle Steele, the spokeswoman of the Port St. Lucie Department, an investigation was done and the state attorney’s office concluded the matter did not meet the criteria for emotional child abuse!
MS. PORTILLO’S EGREGIOUS VIOLATIONS
Violations of Florida’s Child Abuse Law
According to Florida law code 39.202, 205; 39.201; 39.01 (2), emotional abuse is defined as “Willful or threatened act resulting in physical, mental, or sexual injury or harm, causing or likely to cause impairment of physical, mental or emotional health”. Apparently, the state attorney felt that marching a 5 year old in front of a class to allow his classmates to denigrate him and then to exclude him from the learning environment was neither “willful” on Ms. Portillo’s part nor likely to cause an emotional impairment for Alex. How the state’s attorney came to that conclusion is simply mind boggling. The facts are that a public humiliation of a small child occurred, the child was “shaken up” and unable to attend the school and was heard repeating “I’m not special” which indicates to me that he has internally processed the exact message Ms. Portillo intended (i.e. that he is not a good person). Ms. Portillo has created a hostile environment for Alex in his classroom and thus I believe has created a “willful act resulting in mental harm and causing an impairment of emotional health”.
Violations of Florida law HB 669
On April 30, 2008, the governor of Florida signed into law an anti-bully measure titled HB 669-School Safety, Jeffrey Johnston Stand Up for All Students Act”
. I believe Ms. Portillo has violated the following sections of this law: According to section 1006.147 (2), (2a) (3a), Florida Statutes, Bullying and Harrassment of any student or school employee of a public K-12 educational institution is prohibited; (2a) During any education program or actiity conducted by a public k-12 educational institution is prohibited; (2b) During any school-related or school-sponsored program or activity or on a school bus of a public K-12 educational institution; (3) (3a) For purposes of this section (a) bullying means systematically and chronically inflicting physical hurt or psychological distress on one or more students and may involve: Teasing; Social Exclusion: Threat, Intimidation: Stalking: Physical violence: Theft: Sexual or racial harassment: Public Humiliation; or Destruction of property; (3b) Harrassment means any threatening, insulting, or dehumanizing gesture including written and verbal conduct directed against a student or school employee that: 1. Places a student or school employee in reasonable fear of harm to his or her person; 2 Has the effect of substantially disrupting the orderly operaton of a school. The definitions for bullying and harassment included in HB 669 that Ms. Portillo is likely to have commented are the following: in section (3d) include 2. “Perpetuation of conducted listed in paragraph (a) or paragraph (b) by an individual or group with intent to demean, dehumanize, embarrass, or cause physical harm to a student or school employee, by incitement or coercion and 4. “Acting in a manner that has an effect substantially similar to the effect of bullying or harassment.”
The following facts are clear and not in contention according to the TCPalm report. Ms. Portillo, admitted that she held Alex out in front of the class ( 2a: during any education program or activity and incitement or coercion), encouraged his classmates to participate in an exercise to cause public humiliation (by asking the students to identify him in derogatory ways) in violation of 3a (inflicting physical hurt or psychological distress on one or more students), 3b (Harrassment means any threatening, insulting, or dehumanizing gesture including written and verbal conduct directed against a student) and 4 (Acting in a manner that has an effect substantially similar to the effect of bullying or harassment). Finally, Ms. Portillo allowed the “mob” she created to exclude Alex from an appropriate educational setting in violation of 3b2 (has the effect of substantially interfering with a student’s educational performance, opportunities, or benefits).
In a review of how HB 669 defines bullying (means systematically and chronically inflicting physical hurt or psychological distress on one or more students), Ms. Portillo seems to have violated nearly half of the 10 definitions of bullying in HB 669. She committed the following in accordance with the definition:
1. Teasing
2. Social exclusion
4. Intimidation
9. Public humiliation
Investigators should look into whether she has chronically committed acts listed above more than once in order to establish a violation under the definition. If I were a betting man, I’d bet that she has.
It’s unfortunate that Ms. Portillo’s acts didn’t occur after he was formally identified as qualifying under IDEA because she has violated multiple rules under the IDEA.
Violation of The Florida State Board of Education Rules on Ethics
Ms. Portillo violated basic ethical tenants that are outlined by the State of Florida Board of Education. In particular, Ms. Portillo violated Rule 6B-1.006, FAC. By bringing Alex in front of other students, and subjecting him to group humiliation, as well as giving tacit permission to the students to harass Alex, she violated the Ethics Code that teachers place themselves under when they apply for a Florida Teacher’s Certificate.
The Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida (as published by the Florida Education Standards Commission) states the following:
The State Board of Education Rule 6B-1.006, FAC:
1) The following disciplinary rule shall constitute the Principles of Professional Conduct of the Education Profession in Florida.
2) Violation of any of these principles shall subject the individual to revocation or suspension of the individual educator’s certificate, or the other penalties as provided by law.
3) Obligation to the student requires that the individual:
a) Shall make reasonable effort to protect the student from conditions harmful to learning and/or the student’s mental and/or physical health and/or safety.
e) Shall not intentionally expose the student to unnecessary embarrassment or disparagement.
g) Shall not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefts, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination.
In Obligation 5 (Obligation to the profession), Section D states: Shall not engage in harassment or discriminatory conduct which reasonably interferes with an individual’s performance of professional or work responsibilities or with the orderly process of education or which creates a hostile, intimidating, abusive, offensive, or oppressive environment; and further, shall make reasonable effort to assure that each individual is protected from such harassment or discrimination.
According to State Board of Education Rule 6B-1.001 FAC: 1) The educator values the worth and dignity of every person, the pursuit of truth, devotion to excellence, acquisition of knowledge, and the nurture of democratic citizenship. Essential to the achievement of these standards are the freedom to learn and to teach and the guarantee of equal opportunity for all.
2) The educator’s primary professional concern will always be for the student and for the development of the student’s potential. The educator will therefore strive for professional growth and will seek to exercise the best professional judgement and integrity.
Violation of Port St. Lucie’s Mission Statement
The St. Lucie County Public Schools has a mission statement and it explicitly states: “The schools of the St. Lucie County School District in partnership with parents and community will become premier centers of knowledge that are organized around students and the work provided to them. St. Lucie County School District’s name will be synonymous with the continuously improving student achievement and the success of each individual. Our school district’s promise is to move from good to great focusing on our core business, the creation of challenging, engaging and satisfying work for every stuent, every day. This is the St. Lucie way!” Somehow I doubt the school system would consider the actions of Ms. Portillo (creating a humiliating and dehumanizing environment for a kindergartener and subjecting him to the “mob” mentality) is in accordance with the school system’s mission statement.
Violation of FERPA (Family Educational Rights and Privacy Act)
I must say though that Alex’s rights under the Family and Educational Rights and Privacy Act of 1974 (FERPA
) were apparently violated by the school district itself. FERPA is a federal law that protects the privacy of student educational records and applies to all schools that receive funds under an applicable program of the U.S. Department of Education. According to TCPalm’s report, the school resource officer Michelle Steele released some of Alex’s personal education records when she stated “Steele said the boy had been sent to the principal’s office because of disciplinary issues.” This is information that would be a part of his school records and thus protected under FERPA.
If the school district cannot abide by Federal Law itself, what can possibly be expected of them to hold Ms. Portillo accountable? Time will tell. The initial response has been rather bland and unextraordinary.
The Digital Journal
highlights an important question in this case when they ask:
“Exactly what is being taught when a child - any child- is verbally attacked by classmates and then excluded? This is the mentality of reality television shows, and has no place in school. Deliberately subjecting a child to verbal abuse and rejection is a violation of the trust that teachers are given by parents, a violation of the most basic ethics we expect from anyone who has children under their care.”
It’s not unusual for autistic people to suffer from abuse and bullying, in fact it’s the norm. When it comes at the hands of a trusted public servant such as a teacher, it’s doubly hurtful because we expect an adult to know better. But when a teacher solicits participation of a group of 5 year olds in what is essentially a psychological mob lynching, one can legitimately conclude that this person should not be around any children at all. She “raped” a child of his dignity and has created an atmosphere of exclusion, intimidation and fear. This type of act on the part of Ms. Portillo shouldn’t be allowed to happen again and anyone who cares about the psychological lives of children should demand her immediate and unconditional resignation. If she refuses, she should be fired. There should be no second chances in a situation such as this.
If you would like to send a message to the school board, the principal, the county school system, the media, and the Florida State’s Attorney, I have created a customized letter that you can use by clicking on the links below. You can modify it to your liking. Let’s send a message that no second chances are warranted in this situation.
“Take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.” - Elie Wiesel
Update: 5/27/08 12:30pm - According to the Fort Pierce Tribune
, Ms. Portillo has been reassigned on an interim basis to administrative offices and removed from the classroom pending investigation. Worldwide outrage over what happened to Alex and no doubt a deluge of letters and emails has caused the school to reevaluate its position because as of last Friday, nothing had been done, two days after the incident took place. Ms. Barton stated in the comments that the school system didn’t seem to be taking the matter seriously. I know this website has been viewed, and letters downloaded thousands of times since it was first posted. Countless good hearted people were moved to outrage over this incident. I would urge those who are just coming to this story to continue to send letters and emails to the officials below. The school year has just about ended and there will be competing interests involved in this situation. The school system needs to know that while they decided to move in the proper direction (albeit only through public pressure) that we still intend to follow through to make sure that if the investigation confirms what was in the original complaint, that Ms. Portillo needs to be removed from the classroom permanently as this situation does not deserve a second chance. My concern is that Ms. Portillo will simply be moved to another school in the Fall and that would send the wrong message to others that would bully children. I also hope the State Board of Education, that has the power to revoke a teaching license will also follow up with an investigation. The State’s Attorney needs to explain his/herself as to why this incident did not meet the emotional abuse statute outlined above and how in one day they could make that determination. Can a proper investigation be done by the State’s Attorney in a day? I don’t see how that is possible. This situation warrants a thorough and thoughtful investigation and I’m concerned that neither was done. Children’s emotional well being should not be treated in what appears to be such a flippant manner.
Download SchoolPrincipal.doc email is cullym@stlucie.k12.fl.us
Download SchoolSuperintendent.doc email is lannonm@stlucie.k12.fl.us
Download SchoolBoardChairman.doc email is hilsonc@stlucie.k12.fl.us
Download St.LucieStatesAttorney.doc
Download WFLXnews.doc email is rleigh@wflx.com
Download WPTVnews.doc email is newstips@wptv.com
Download WPBFnews.doc
Download FloridaDepartmentofEducation.doc email: commissioner@fldoe.org
I can not believe what I’ve read today. The totally lack of concern on the part of school shows plainly that they regard Alex, and all children with disabilities, as second class citizens. To whom the rules of humanity do not apply. I am appalled and deeply saddened.
AJ