Students Vote Autistic Classmate out of Class | Toledo Ohio personal injury lawyers

Doe, is a 6-year-old with autism who attended kindergarten at Morningside Elementary School.  After he became disruptive and inattentive on day in class, Wendy Portillo made him stand in front of the class as they told him why they disliked him.  Some students said that he was “disgusting” and “annoying”.

Portillo then took a class vote as to whether Doe should be allowed to remain in class.  With a 14-2 vote, he was voted out of the class.  Doe now attends a private school in another county.  This incident caused him to have emotional distress and posttraumatic stress.

Does and his mother sued the teachers’ union and the school board alleging violations of 42 U.S.C. 1983, Title II of the Americans with Disabilities Act and the Vocational Rehabilitation Act of 1973.

The defendants argued that Portillo had done nothing wrong.

The parties reached a settlement with a value of $350,000 and an expected payout of $427,000.  The teachers union paid out $30,000 and the school board paid the rest.

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