A Florida teacher who encouraged her kindergarten students to vote on whether or not a student with autism should remain in her classroom will keep her tenure after winning an appeal.

In May 2008 Wendy Portillo’s kindergarten students voted 5-year old Alex Barton, who has autism, out of their classroom after the boy exhibited behavior problems. As a result, Portillo was suspended from teaching for one year without pay and her tenure was revoked.

However, Portillo appealed and the St. Lucie County School Board decided Wednesday to affirm her suspension, which lasts until November, but reinstate Portillo’s tenure upon her return. Portillo is guaranteed a teaching position with the school district at the end of her suspension, reports WPTV, the West Palm Beach, Fla. NBC affiliate.

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Previous stories on this topic:

Appeal Denied For Teacher Whose Class Voted Out Boy With Autism (March 31, 2009)

Teacher Appeals Suspension After Class Votes Out Student With Autism (February 4, 2009)