(BROOKSVILLE, KY) --
Update: 3 p.m. Tuesday, Sept. 25:
Nathan Darnell's family has confirmed to FOX19 that charges in this case have been dropped.
A 6-year-old Bracken County kindergartener faces assault charges after a teacher's aide says he attacked her.
His parents say that yes, their son did fight with the aide, but only because the child is autistic. FOX19's Sara Gouedy has the story.
Nathan Darnell colors like most boys his age, and loves to draw. His parents say that often you can't tell he's autistic. He has a high functioning form of autism.
According court records, earlier this month, at Taylor Elementary, where Nathan was taking regular kindergarten classes, teacher's aid Glenda Schultz said he pulled her backwards onto the floor and hit and kicked her.
She had a cut and bruises, but did not get medical attention.
Now, Nathan's been charged with 4th degree assault.
Bracken County superintendent Tony Johnson declined to comment about the case, saying it had been handled by the school.
Nathan's parents say it's likely he acted out.
"He gets agressive at home and you have to find ways to deal appropriately with him instead of twisting him to what's appropriate for his age," said Anthony Darnell, Nathan's father.
Anthony Darnell says that's why the assault charge doesn't seem to make sense.
"Where's the burden of proof if you're gonna accuse a 6 year old child? the court system had no way of helping an autistic child," he said.
The Darnells have pulled Nathan out of the school.
FOX 19 also tried to reach the teacher's aide and prosecutors today. with no luck.
Either way, this one's for the courts to decide. There's already been a preliminary hearing, and Nathan's family is scheduled to be back in court again Sept. 25.