The teacher allegedly refused to let the child take a bathroom break at Manhattan Place Elementary School in South L.A.
The boy's mother, Sonia Mongol, said that last November, her son was forced to sit in his own urine-soaked clothing and wear two plastic trash bags after his teacher refused to allow him to use the restroom. Mongol said her son was humiliated for having to wear the trash bags all day. Now, she said her son still gets teased and bullied over what happened.
"He doesn't understand why, when he went to adults for help, they would do this to him, so it's had a lasting effect on him," Mongol said.
On Monday morning, the child's mother, her attorney and civil rights activist Najee Ali of Project Islamic Hope held a press conference announcing that they are filing a California tort claim against the LAUSD, which is the first step that needs to be taken in connection with a civil lawsuit against a school district.
"Manhattan Elementary School has given us the impression that our child is garbage," Mongol said. "No child should have to endure this, not our child, not your child, not any child. I feel that our child represents every child."
Law enforcement is investigating the incident as possible child abuse.
When the incident was first made public, the district released a statement saying:
"Los Angeles Unified takes all matters concerning the safety and well-being of our students very seriously. Upon learning about this allegation, law enforcement was notified immediately, and the District is fully cooperating in the investigation. The District will also conduct an administrative investigation. Due to confidentiality laws, we cannot offer further details at this time."
The employee who placed the trash bags on the child no longer works at the school, according to the school district.