No charges after investigation into alleged abuse of 7-year-old child with autism by North Texas teacher
An Ellis County grand jury has declined to indict a Midlothian ISD elementary school teacher following an investigation into allegations involving a special education student.
The decision, announced Thursday in a press release from the Ellis County District Attorney's Office, stated the jury returned no true bill of indictment.
CBS News Texas
In April, Midlothian police launched an investigation after Kristen Perez alleged that her 7-year-old son, who has autism, was abused in a classroom at Delores McClatchey Elementary.
Following the grand jury's decision, Perez posted on Facebook: "This doesn't mean nothing happened. It means the criminal system chose not to move forward, but the evidence, the video, and the impact on my son are still very real. Jaxon, a child with disabilities, was subjected to a restraint that left him bruised, emotionally devastated, and afraid. I watched the video. I heard his cries. I saw him sprayed in the face, mocked while crying, and pushed to the ground."
Perez added that her son is now receiving homebound instruction due to the trauma.
She told CBS News Texas that a 40-minute video shown to her by the district compiled multiple incidents from April 8 and 9. She said the footage showed her son being shoved to the ground, sprayed with a cleaning bottle, and forcibly restrained with the teacher's knees.
Perez said her son had recently been diagnosed with high-functioning autism and had just transferred into the special education classroom. The alleged incidents occurred during his third day in that setting.
"There was no one in that room to advocate for him or help him," she said in April. "And I hate that, and I'm scared to send him back."
At the time, the district said it would not release the teacher's name due to the ongoing investigation. Officials confirmed the incident was reported to the Department of Family and Protective Services within the required 48-hour window. Two staff members were placed on administrative leave.
CBS News Texas has reached out to Midlothian ISD for comment following the grand jury's decision but has not yet received a response.
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