1. About.com
  2. Parenting & Family
  3. Children With Special Needs

Discuss in my forum

Terri Mauro

Alex Barton's Mom Sues the Teacher, School, and Union

By , About.com Guide   August 31, 2009

Follow me on:

The case of Alex Barton -- the kindergartner with Asperger syndrome whose teacher had his classmates, like so many tiny Survivor contestants, vote on whether he should stay in class -- has taken a seemingly inevitable next step, as Alex's mother sues the teacher, the school, and the teacher's union for trauma inflicted on her son.

A Miami Herald article quotes Melissa Barton's description of that traumatic treatment: "On May 21, 2008, her son Alex was 'forced to stand in front of his peers and be told why "they hated him," with such comments as (Alex) is "disgusting" and "annoying," "He eats crayons," "Lies on the floor," "He eats paper" and "He eats his boogers.'" According to an item on the blog Disability Scoop, the suit claims that "the incident caused [Alex] emotional and mental distress and violated his civil rights," and "says Alex now has a poor self image and is often found alone repeatedly calling himself an 'idiot' or 'stupid.'"

This case is bound to bring out the Mama Bear in us special-needs moms, and I'm dumbfounded as to the way the community has apparently banded against Alex and his family in condoning what can only be called bullying in the classroom. At the same time, I wonder whether lawsuits on something like this do anything worth keeping the family so focused on a distressing event. Will winning a lawsuit make it clear to those who need to see that it's unacceptable to do what that teacher did to Alex -- or will it just further turn them against special-needs parents with all their demands and shouting and excuses? I don't know what else the Barton family can do but this, yet I fear this is one of those situations in which even in winning, you lose.

What do you think of this latest turn in this story? Is a lawsuit appropriate? Or have things gone too far? Share your thoughts in the comments.

UPDATE: The suit was settled for $350,000.

Photo by Justin Sullivan/Getty Images


Comments
September 4, 2009 at 12:00 pm
(1) Lb :

By this time, the Bartons are doing us (disability community) a favor. It’s a struggle that must be fought for the sake of other special-needs children. It’s unfortunate that Alex has to be thrusted in the spotlight like this. Good luck to him and his family.

September 7, 2009 at 1:09 am
(2) marcia :

I understand what you are saying Terri. I also am glad she stood up & fought for her son but she should have used the opportunity to educate the public & the school system. I do agree with the lawsuit because unfortunately these districts and school staff wont change until you hit them in the pocket.

She is coming across as a very vengeful person at this point.Parents of children with disabilities are now being viewed in a very negative light based on the actions of one person. Her only contribution to advocating for change is to make tye dye shirts.

She is not the spokesperson that parents or autistic children need.

September 7, 2009 at 7:22 pm
(3) Marybeth :

The teacher should not have done this to Alex or any child even if not special needs. This should never be done to anyone. If truly the child was in the wrong placement this is a teacher/parent discussion, not one for children to decide. What is that teaching children, that because someone is different, we can ostracize them?

September 8, 2009 at 3:19 pm
(4) Neen :

Unfortunately, this is far more common than we may think. My niece suffered greatly last year under a 2nd grade teacher who did this sort of thing to “normal” kids. It was harrowing, and parent complaints did nothing to stop it happening, and the principal did not intercede.

Because this kind of bullying happens so much anymore, I can see why this mom wanted to take the lawsuit route. Sometimes it takes educating a community via the law.

September 8, 2009 at 6:42 pm
(5) Lydia :

I can totally understand why this mother is suing. I would too. If he were my child, my being vengeful would be the least of the schools worries.

I do not see this mother as representing myself or my child. In fact, I wish sometimes she were but only I can stand for my child – no one else.

The parents who feel the need for this mom or others like her to represent them have faults of their own and are part of the problem not the solution.

When will special needs parents stand for their own kids? Who are you waiting for? There is no Super Autistic Hero Mom going to save your kids YOU must be their hero!

October 4, 2009 at 2:56 pm
(6) JS :

I don’t know whether this kid actually has a form of autism because that term is sometimes used lightly these days. I’m not going to speculate right now. A teacher should never do that to any child. If she blows it again she should be out of there permanently.

October 7, 2009 at 11:55 pm
(7) Joy :

I say “Go for it!!!” Our kiddos have been seen as brats (”they should KNOW BETTER than to act that way”, “he could snap out of it if he WANTED TO”, etc.) We parents have long been viewed as the bad guys – wanting way too much in the way of services, causing the kid to be this way, etc. But, do all these WRONG beliefs justify a district (ie., teacher) bullying or harrassing a child this way? What if it had been a child of a different color? The NAACP would have been all over it. Or, a child in a wheelchair? Society would have joined forces for a lynching. Just because it’s more of a “hidden” disability, doesn’t mean the severity of it all is any less. It’s time Alex’s mom strikes a chord of fear in their hearts (or their pockets) to stand up and say once and for all for ALL OF US, “We’re mad as h***, and we’re not gonna take it anymore.”

March 12, 2010 at 2:46 pm
(8) Josh :

Unfortunately, Melissa Barton is a liar. You should be cheering on a mom with a case based on facts, rather than Barton’s pack of lies.

Do a thorough search of news reports. You’ll see Barton saying that her son was battered and that four other parents from that class will back up her story. You’ll see her saying that physical and emotional abuse was ongoing and longstanding. You’ll see her claim that she was threatened with bodily harm by another parent.

If you dig deep enough and think hard enough, you’ll see that she is a liar. Sometimes, actual events don’t make a good enough story. But, stories can be anything you want them to be when the story is a lie.

Alex Barton was told by other students that they didn’t like it when he climbed under their tables and kicked the table. They then did vote to have Alex leave the room for a while longer that day so the rest of the class could discuss behavior and how to deal with classmates who exhibit behavior that does not conform to the class rules. The rest of Barton’s story is completely composed of lies.

Find someone new to cheer on. Rooting for a liar doesn’t do your cause any good.

By the way, Barton is on the record calling the teacher a liar. Think for just a little while about the possibility that Barton is the liar and that claim is also a lie. All of you momma bears need to apply reason rather than emotion to objectively consider this case. It’s easy to feel sorry for the poor kid and his poor, poor mother. It’s also easy to ignore all the evidence that she is lying, because, afterall, she is the poor, poor mother.

December 6, 2010 at 4:06 pm
(9) Brandi Nelson :

My son also has Aspergers and it tears me apart to hear what that teacher did to him. She should be banned from teaching children ever again. What she did was abuse and a disservice to all the children not just Alex. My son has gone through so much I couldn’t even imagine what he would have done in this boys place but as a mother it would take all my restrains to keep from putting that teacher back in her place. How could anyone think that was okay or stand by her. If I found out that my child or children were asked to tell a kid why they hated him with every other kid in the class, I would ask for that teacher to be dismissed. I don’t want a woman like that teaching my children. I can go on and on what a worthless piece of garbage this woman is.. but I think her actions speak for themself. My heart and prayers go out to Alex and his mother because the life of an Aspergers child and family is a tough one.

December 9, 2010 at 1:32 pm
(10) Martha :

As a former special ed and regular ed teacher, I find the teacher’s actions deplorable. Why not focus on the child’s positive points. With both special ed and regular ed students, I used to do an exercise where students said or wrote positive things about another child (and every child got a chance to be the recipient of positive things). Much more productive than focusing on negative behaviors.

December 9, 2010 at 1:42 pm
(11) specialchildren :

Martha, my kids both did those exercises in inclusion classes, and they still have the lists of positive points hung up on their wall years later. It meant a lot to them (and to me).

Leave a Comment

Line and paragraph breaks are automatic. Some HTML allowed: <a href="" title="">, <b>, <i>, <strike>
Related Searches teacher school alex mom

©2012 About.com. All rights reserved. 

A part of The New York Times Company.