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Mother speaks out after son’s alleged assault at Hannah Penn in York

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YORK, Pa. -- Yarlin Brito wants what every mother wishes for their child — a great education, but she says her son isn't getting one.

"Im so upset about this situation because I feel like the school is playing with my child's education and they are being very irresponsible," explained Brito.

Brito says her 9-year-old son's treatment at Hannah Penn went from bad to worse last month after he came home from school with marks on his body and had a knocked out tooth.

"I asked what happened to my son, but no one would tell me what happened..they told me it was an investigation," said Brito "He was crying, and his face and neck was swollen. He was clearly crying because his tooth was hurting him, but also frustrated because he couldn't tell me what happened to him...so I immediately went to the York City Police for help."

Now, Charles Smith, a personal care assistant at Hannah Penn school is accused of assaulting the student.

According to court documents, Smith grabbed the child by the throat and pushed him up against a blackboard.

The affidavit states another teacher yelled at Smith to let the student go, Smith then pushed the student's head down, slamming him into a nearby table, which Brito says resulted in her sons broken tooth.

"I had to take him to the hospital since I couldn't get an appointment at the dentist to get him checked out. Thats when they confirmed and documented that he had damage to his tooth, along with inflammation on his neck."

Brito doesn't deny her son has spurts of aggression due to the severity of his disability, however she says that it didn't start until he was enrolled at Hannah Penn in 2015. She says she is concerned this isn't the first possible incident at the school for her son.

"When you have a child who has autism, you go through a lot of different situations, situations that are out of your hands sometimes," said Brito. "Its frustrating to both the parent and child when they cannot express themselves."

Another teacher in the classroom told police Smith got into an altercation with the student after a disagreement because the boy wanted to use the computer instead of playing cards.

Court documents also state a second teacher said the boy then bit Smith as he tried to gain control of the student with "restraint techniques" he was taught to use, saying at one point, Smith put the student in a semi-choke hold.

Brito says she doesn't feel like Hannah Penn has the resources to take care of her child, who needs special supervision and care.

"Who is going to defend him if it's not his parents? I am his eyes for him, his mouth for him, everything for him," said Brito. "So I am going to be the one there for him until the end. I didn't come to this country from another to suffer and have someone abuse my child. I came here for my child with special needs to have a better education, and to move forward in life."

FOX43 reached out to the York City School District about the alleged assault and in a statement, officials at the school said quote: "Smith remains an employee with the district, but he is on leave. We will have no further comment as the investigation is ongoing."

A preliminary hearing is set for June 13th.