ST. LUCIE COUNTY, Fla. -- The lawyer for the family of an autistic kindergartner, who was voted out of his St. Lucie County class, said the family is going to sue.

Officials said 5-year-old Alex Barton was taken to the front of the class by his teacher, Wendy Portillo, after he had been sent out of the room several times. She asked each student to say what they didn't like about him and then they voted him out.

"She actually points to them and they actually say yes or no," the 5-year-old said.

Portillo said she felt if Alex heard from his classmates how his behavior affected them, it would make a bigger difference to him. She has been re-assigned during the investigation and no criminal charges will be filed.

The attorney representing the family has notified the school board they are pursuing civil action.