GARLAND (CBSDFW.COM) – A Garland family claims a public school teacher assaulted their son and they want police and the school district to take action.

The assault claim is tied to the Freeman Elementary School, and the primary witness to the assault is the little boy’s five-year-old sister.

Ivan Padilla and his sister Genesis both say a teacher used her hands to discipline the seven-year-old boy.

“She picked up my head,” says Ivan. “And said what are you doing?”

“Ivan told me his teacher forced his head back,” says his father, Jose Padilla. “While she forced it back, he heard a pop.”

The parents say Ivan’s teacher strained the boy’s neck, by purposely pushing his head in a forced violent motion.

When Jose met with the accused teacher and school principal, he says they refused to admit any problem.

“What’s upsetting to me is my child was hurt. He got no justice. They ignored it when I went to the principal about it.”

Then, he filed an assault complaint with Garland Police. That’s when he says it all started to change.

“When I filed charges and called the media, that’s when they said, let’s move your son to another class.”

Even though the criminal claim was dropped, according to police, and school district officials say there’s no evidence Ivan’s teacher assaulted him, the two children stand by their story.

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