PORT ST. LUCIE, FL -- Today an administrative judge upheld a 1-year suspension for St. Lucie County teacher Wendy Portillo.
He also recommended the school board revoke her tenured teaching status, and return her to an annual contract.
Portillo's case attracted national headlines last year when she allowed her kindergarten students to vote 5-year old Alex Barton out of class due to bad behavior.
Appealing her punishment, Portillo told the administrative judge she considered the incident a "learning opportunity." She taught students to count and tally votes - a kind of math lesson - as they voted for or against Barton.
The judge ruled Portillo violated several School Board policies with her actions including, "exposing a student to unnecessary embarrassment or disparagement."
Alex Barton has since been diagnosed with a version of Autism.
Melissa Barton, Alex's mother, wanted Portillo to be fired, but she called the ruling a "step in the right direction."
"I think it helps not only Alex to know that she received some punishment but it helps other children who have been put in this position," said Barton.
The St. Lucie County School Board will have the final say on whether to act on the judge's recommendations. If, as expected, they enforce the 1-year suspension, Portillo would be eligible to return to the classroom this November.
Superintendent Mike Lannon has recommended Portillo not return to teach pre-school or elementary students.
We tried unsuccessfully to reach Wendy Portillo for comment. Our call to her attorney was not returned.
