HOUSTON -- A 5-year-old kindergarten student was suspended for three days after a teacher interrupted one boy performing a sex act on another, KPRC-TV in Houston reported.

Both children attend kindergarten at Dunn Elementary in the Aldine Independent School District, near Bush Intercontinental Airport.

The teacher thought both 5-year-olds were taking too long in the bathroom when she interrupted the act, the television station reported.

The victim's father said, "Physically, I got sick. I felt sick to my stomach. I couldn't eat. I was a little bit numb, and it was more surreal than anything else."

"As horrible as it sounds, it would have been a lot easier for me to accept an older child doing that to my child, than a child the same age as my son," he said.

In a report filed with Child Protective Services, the father said the principal at Dunn Elementary agreed with his request to have the aggressor moved to a different school.

"But then what happened, we got a call later on that day and said that there was a little problem," the father said.

He said Aldine claimed that the law prevents them from moving the offender.

The district confirmed that it did offer to move the victim to a different school, but the father said, "I'm the victim, and the other one is the perpetrator, and why should I have to rearrange my life to accommodate this other individual?"

State law dictates that any child younger than age 6 cannot be moved into an alternative discipline school.

However, the family said they never even asked the district to do that. Rather, they said, they wanted the other child moved to any other regular school so that their son would not have to keep reliving the event.

Aldine ISD said it followed the law, and that it moved the aggressor to a different classroom and lunch to avoid future contact between the boys. Teachers also were closely watching the child.

District leaders said they thought the family had accepted the action they took.

The father, however, said state laws are not equipped to handle such an event.

"It seemed as though the perpetrator was protected under the law and not the victim," he said.

Child Protective Services is investigating how the boy learned sexual behavior, the television station reported.