Kids Duct-Taped As Punishment?

Police are investigating claims that a teacher's aide punished at least five first-grade students by taping their hands, head or mouth with duct tape while a teacher was in the classroom.

The volunteer teacher's aide and the teacher had not been charged Wednesday, Miami-Dade public schools police said. The investigation is ongoing.

The volunteer was sent home and the teacher was temporarily reassigned last week to a district office during the investigation, school district spokesman Mayco Villafana said. The teacher allegedly was in the classroom when the children were taped.

"The principal decided to bring in the police department to talk to everyone and see what's there," Villafana said. "Right now, it's just an allegation."

Attorney Jorge Silva told CBS News Correspondent Peter King his 6-year-old client has severe asthma, and only his crying saved him from his mouth being taped;

"Had he not been crying so inconsolably they very well may have taped him and he very well may have choked," the lawyer said.

Silva said the boy's parents, Judy and Pedro Hereu, learned about the punishment from other parents, then were shocked to learn their son also had been punished.

Judy Hereu said her 6-year-old son explained how tape was wrapped around his torso and the back of the chair, pinning his elbows to his side.

"My client, the mother of the child, became physically ill," Silva said. "She started to vomit."

Silva said he plans on taking civil and criminal action.

Police received the first complaint Sept. 11.