Behaving Badly in Special Education

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Mom Considers Suit After Class Voted to Expel Her Autistic Son

Posted May 27, 2008, 01:01 pm CDT
By Debra Cassens Weiss

Updated: A Florida woman is considering a lawsuit after a teacher allowed students to take a vote on whether her misbehaving autistic son should remain in class.

Melissa Barton said the teacher made her 5-year-old son, Alex, stand in the front of her classroom after he returned from the principal’s office, the Sun-Sentinel reports. Each classmate was allowed to say what they disliked about Alex and then the class was told to vote on whether he should remain. The school is in Port St. Lucie.

Alex lost the vote 14 to 2. He is in the process of being diagnosed with Asperger's syndrome, a type of high-functioning autism.

Alex has not been back to school since the incident, and he starts screaming when his mother takes him with her to drop off his siblings at school. The other night, Barton said, he kept repeating "I'm not special" over and over.

A police spokesman said no criminal charges will be filed in the matter.

Since initial reports of the incident, the school district has reassigned the teacher and Barton has received hundreds of supportive e-mails, ABAJournal.com notes in an update on the story. She also received a call from Dr. Phil, who asked her to appear on his show, and from the Florida Attorney General’s Office of Civil Rights, reports TCPalm.

Alex brightened when he received a call from a classmate Tuesday evening who discussed SpongeBob SquarePants and squirrels with him. They are planning a play date this summer.

Barton says she has heard from many parents of special needs kids who have had problems in school for behavior that isn't their fault. “It’s not something you can correct with some sort of demented behavior modification program,” she said.

Barton and her son gave an interview to CBS News, and she is considering the Dr. Phil invitation.

Updated at noon on 5/29/2008 to add information about the aftermath of initial reports of the incident.