EL PASO, Texas -- Ivan Puentes told KFOX that his 3-year-old daughter said she was inappropriately touched during class by a classmate. Puentes said he first noticed something was wrong with his 3-year-old in early September.

"Every time that she would see the light off from the restroom she would start crying, start panicking," said Puentes.

Puentes traced the crying and panicking to a problem at Isaac Camacho Head Start where his daughter attends preschool.

"She said a little boy would go inside the restroom, turn off the lights, and put her panties down," said Puentes.

Puentes told the teachers, and they kept an eye out for anything unusual, but Puentes said that did not stop the harassment. So they gave him a choice:

"It's either remove her from school, or put her in a classroom," said Puentes.

Puentes wonders why his daughter must move, instead of the alleged troublemaker.

"They should remove this kid, my opinion, because he's the one who started everything," said Puentes.

Blanca Enriquez with Region XIX said they have started a review process and contacted the Texas Department of Family and Protective Services.

"As far as the other classroom, where the incident happened, we will also observe, we will also look at the supervision, the classroom management, the behavior of the children," said Enriquez.

"In a case such as this what we would look into No. 1 is supervision, was there adequate supervision at the time. We would also look into what actually happened during the incident," said Paul Zimmerman with the Texas Department of Family and Protective Services.

Puentes hopes officials will remove the child from the school.

"He is still in the classroom, and he's still going to, they're are some other girls in that classroom, and how do we know, he did it to mine, I don't know if he's doing it these other girls," said Puentes.

Law enforcement cannot get involved, because any child under the age of 10 cannot be criminally prosecuted.