An elementary school secretary, Jennifer Carter, pleaded guilty to a misdemeanor child abuse charge after the October incident. Carter taped the unruly child's hands and mouth with masking tape.

The mother of the student, Ashlye Tenner, filed a legal notice to Denver Public Schools that she intends to sue for $500,000.

Carter was sentenced last month to probation and has been fired.

Tenner told 7NEWS she learned her son had been sent to the principal's office for acting up in class prior to being taped up by the secretary.

"Another teacher came in and saw it and told the secretary, 'You can't do this.' And then the principal came later and told the secretary to take the tape off," said Tenner, who believes the secretary used duct tape.

"I don't understand why a report wasn't made. No one called me. This woman was still at work … when I went to the school," said Tenner. "He's my son and I would never tape my son up. Ever. If I did that and he went to his school and told a teacher, it would be considered child abuse."

Tenner said the incident wouldn't be half as bad if the school had handled it properly.