Kindergarten boy voted out of class

[Taem]

(CBS) A Port St. Lucie, Fla., mother is outraged and considering legal action after her son's kindergarten teacher led his classmates to vote him out of class. Melissa Barton says Morningside Elementary teacher Wendy Portillo had her son's classmates say what they didn't like about 5-year-old Alex. She says the teacher then had the students vote, and voted Alex, who is being evaluated for Asperger's syndrome -- an autism spectrum disorder -- out of the class by a 14-2 margin.

Barton filed a complaint with Morningside's school resource officer. St. Lucie School spokeswoman Janice Karst said the district is investigating the incident, but could not make any further comment. The state attorney's office concluded the matter did not meet the criteria for emotional child abuse, so no criminal charges will be filed. Teacher Wendy Portillo was advised by the school board not to speak to the press so she declined our interview offer.

Story: Kindergartener Voted Out By Students
Video of Interview with Mom

Follow up story: Palm Beach Post -- Morningside teacher being investigated after boy, 5, voted out of class

I'm sorry, but I'm not sure we're getting the full picture here. I'm willing to bet that the student was constantly bickering with his fellow students and they started to complain to the teacher. The teacher then probbably tried to talk to the student but couldn't get a clear picture of what was going on so decided it best to ask the other students what it was that he did that they found so bothersome. At this point perhaps the teacher felt it best to "ask" her pupils what they thought they should do with the student, assuming they were moral and would want him to 'fit' into the classroom. I can imagine her shock when they decided to hold a vote to remove him from the classroom, at which point I have no idea why she went along with it.

From this point on, much is left to speculation; did the teacher actually remove the student from the classroom or was this all just rhetoric? Did the teacher talk to the class about their decision and how it might hurt the students feelings? I don't know, and to see how everyone who knew the teacher was shocked? Seems like typical spin to make a story out of nothing on the medias part, and up-at-arms civil rights people helping to fuel this story. But I might be totally incorrect and the teacher may just be a sadist, or have had a really bad day and wasn't going to put up with anymore crap. I suppose time will tell.