The Halifax County Sheriff’s Office has refiled charges against a William R. Davie teacher and her daughter for allegedly assaulting a 13-year-old boy in a special needs classrooms in September.

Lieutenant Bobby Martin said Judy Green, 43, and her daughter, Ashlie, 16, were charged with assault and battery.

The charges against the pair were dismissed last week in court. It was discovered, however, a clerical error was made and the victim and his mother were not subpoenaed to court.

The sheriff’s office refiled the charges the following day.

The child’s mother, Bobbie Ross, told rrspin.com in October, the alleged assault started because her son, who has a learning disability, retrieved a folder given to him by his aunt from the trash.

The child was instructed to clean his desk because he was living like a pig, Ross said her son told her.

He took a folder given to him by the teacher to the trash and discarded it. The teacher allegedly became infuriated and ripped the boy’s new folder and threw it in the trash. “She pushed her fist in his face and choked him,” Ross said her son reportedly told her.

The teacher’s daughter also allegedly assaulted the boy. She said her son did not fight back and another teacher in the classroom had to separate him. This happened around lunchtime and when the boy got to his aunt’s house in Enfield his face and throat were red. “It’s hard to believe,” Ross said.

Ross had pulled both her children from the school but they have returned since the teacher was placed on administrative leave.

Ross said no one from the school notified her the day the assault allegedly happened and when she finally met with the principal, “To me he was talking like they were trying to cover themselves.”