I can't imagine such a thing:
From TC Palm:
St. Luci teacher has voted on whether 5-yo can stay in class
Melissa Barton said she is considering legal action after her son's kindergarten teacher led his classmates to vote him out of class.
After each classmate was allowed to say what they didn't like about Barton's 5-year-old son, Alex, his Morningside Elementary teacher said they were going to take a vote, Barton said. By a 14 to 2 margin, the class voted him out of the class. Barton said her son is in the process of being diagnosed with Aspberger's, a type of high-functioning autism. Alex began the testing process in February for an official diagnosis under the suggestion of Morningside Principal Marsha Cully.
More of the story in the link.