One month later, police say O'Donnell pulled the boy into his office where the boy claims the Superintendent pushed his head onto a table.
The Pinal County Attorney says he won't be pursuing any charges against O'Donnell.
"This was not an easy decision; this decision was reviewed for months before we actually made a final decision," said Pinal County Attorney Lando Voyles.
The boy's mother, Michelle Thompson, was visibly upset with the decision.
"It's wrong, it is very, very wrong. Every child there, or wherever he's at is in danger," said the boy's mother, Michelle Thompson.
"That man is wrong. We don't understand it, we do not understand it. He says he cares about the kids. Why isn't he stepping up," said the boy's aunt, Rebecca Whitlow.
The County Attorney said it would be up to the police department to submit charges to the Superior Town Prosecutor for misdemeanor charges, not felonies as the police chief was asking for.
"Our primary responsibility is to protect the citizens of Superior. Even the young ones, even from teachers, and my hope is that by submitting this to the City Attorney, that is what we will do," said Superior Police Chief Mark Nipp.