FREMONT (KCBS) — The parents of a nine-year-old Fremont boy filed a lawsuit on Tuesday against the local school district and one of its teachers claiming the teacher slapped the child during last April’s STAR exams.

The suit states that the incident on April 28 happened at Patterson Elementary and involved teacher Frederick Berg.

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Berg said he patted the boy on the cheek when the child asked him a question. But the boy said he was slapped. There are reports the boy cried for ten minutes after the incident.

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Berg was placed on administrative leave following the incident but has since returned to the classroom.