RIALTO -- The Rialto High School student who got into a fistfight with a band teacher won't be expelled and is fighting to come back to his high school.

On Dec. 10, the student - whose name is not being used here, as he is underage - was thrown out of Jack Poster's "History of Rock and Roll" class. As he was headed for the classroom door, the student turned and called Poster a pejorative word.

At that point, Poster came after the boy, according to Gil Navarro, a member of the San Bernardino County Board of Education, who's working as an advocate for the boy's family.

" 'What did you say?'" Navarro said Poster asked the boy.

The boy pushed Poster away - which is consistent with what the teacher said previously - and then Poster reportedly swung and punched him.

School security attempted to separate the two but, Navarro said, Poster continued to try and attack the student. Contrary to Poster's previous assertions, Navarro said the boy did not attack his teacher beyond the initial shove.

"This teacher has an anger problem, as far as I'm concerned," Navarro said. "He needs to get into another career. "

Rialto Unified is not pursuing expulsion for the boy, but did transfer him to a different high school.

"This was a serious allegation on both sides," Rialto Unified spokeswoman Syeda Jafri said. "You had a teacher who has admitted in public to being involved in a physical altercation with a minor and you have a minor who was in a physical altercation with an educator, so it's in the best interest of the student to place him in an environment where he has an opportunity to begin a fresh start. "

The move was made without the family's permission, according to Navarro, which means, he said, it violates the student's Individualized Education Program - a tailored education plan laid out for disabled students, under federal law.

Navarro filed paperwork on Wednesday night notifying Rialto Unified officials of the boy's desire to return to Rialto High.

"I personally feel he's a good kid and it's unfortunate that this teacher went out of control," Navarro said. "Any teacher who feels they need to take the law into their own hands needs to look for a new career. "

According to Navarro, since the student's IEP says his instruction takes place at Rialto High, he should be moved back immediately or the district needs to start the formal process to make an involuntary reassignment to the new school.

"He's a fine young man," Navarro said.