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Thursday, June 20, 2013 | 12:36 a.m.

Updated: 9:12 p.m. Wednesday, March 28, 2012 | Posted: 4:45 p.m. Wednesday, March 28, 2012

Parent said 9-year-old was assaulted at school with rock

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Damien Ochoa photo
KFOX14 News
Damien Ochoa

By Ric Dupont

school district, parent

EL PASO, Texas —

Maria Arellano said her 9-year-old son, Damien Ochoa, has been bullied and abused at his elementary school. She said that this is not the first time her son has suffered an injury because of bullying at school.

"They've punched him in the eye, choked him and they've slammed him against fences," Arellano said. "And nothing gets done."

Arellano said Wednesday will be the second day she's filed a report with the El Paso Independent School District (EPISD)about a group of kids who abuse her son at school. She said that because it's not just one student, the district won't classify it as bullying.

Arellano also said that what she calls abuse, the school classifies as an accident. She showed KFOX14 News crew paperwork that stated her son was accidentally kicked in the head and accidentally pushed to the ground.

Debra Lynn Carden is a representative of EPISD and she's planning a district-wide campaign to educate parents, teachers and students about bullying.

"We need to train parents, teachers and students on when is a situation bullying," Carden said. "Sometimes kids and teachers don't know the difference between the horse playing and bullying."

The El Paso County Attorney's Office said that parents who feel like their kids have been assaulted should file a police report. However,children under 10 years old cannot be prosecuted.

"A child that young needs to be rehabilitated," said Assistant County Attorney Gabriella Edwards. "What happens with that kind of case is that it gets referred to Child Protective Services."

Edwards said that parents need to be adamant about advocating for their children. She also said the Texas Education Agency has specific rules on dealing with bullying and parents should know those rules and hold school districts accountable for following them.

If you have a story that you feel deserves media attention, contact Ric Dupont at ric.dupont@kfoxtv.com.

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