An Ellis County grand jury has declined to indict a Midlothian elementary school teacher because of last month’s incident involving a special education student, according to the Ellis County District Attorney’s Office.
In a press release last Thursday, the DA’s Office stated that the grand jury concluded its investigation the day before and returned a true no bill, meaning there was no indictment.
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 W. McClatchey Elementary School.
“This doesn’t mean nothing happened,” Perez posted on Facebook following the grand jury’s decision. “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 home instruction due to the trauma.
Midlothian ISD officials said the teacher and another staff member assigned to the classroom were placed on administrative leave as soon as the incident was reported, and were to remain on leave through the investigation. MISD has not yet said whether the teacher who was cleared will be allowed to return to the campus.
The mom reported 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.
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.
