PORT ST. LUCIE, FL — Morningside Elementary teacher Wendy Portillo’s lawyer says she should be reinstated with tenure and given back pay for time missed while on unpaid suspension.
Portillo was suspended for one year without pay by the St. Lucie County School Board in November after she led a classroom vote in May as to whether then 5-year-old Alex Barton should be allowed to stay in the classroom. Alex was in the process of being diagnosed with a type of autism at the time of the vote.
The case attracted national attention.
Portillo has appealed the suspension. Last month, Administrative Law Judge Claude Arrington heard from both sides in the case. Portillo and the district’s lawyers each must submit a recommended order, which will be considered by Arrington when he renders his own opinion. The School Board has the final say in the matter.
Portillo’s lawyer, David Walker of Stuart, said in his recommended order that Portillo’s actions were not so serious as to impair her effectiveness as a teacher. Walker said the record may show “some proof” of Portillo’s misconduct, but the evidence is “insufficient” to warrant the unpaid suspension.
“As a result of the incident of May 21, there was no commotion and/or disruption in the classroom,” Walker wrote. “Immediately after the incident, (Portillo) continued to teach her class and perform normal duties as she had done.”
Walker’s order was posted Friday on the state Department of Administrative Hearings Web site.
The judge is expected to take up to 20 days to deliberate after both sides have filed their orders. The district’s recommended order had not been filed as of Friday afternoon
