i will protect him. >> frederick berg is on paid leave while police continue their investigation. if frederick berg is allowed to return to the school, the demonstrators say they will be here to greet him. in fremont for use 7 -- for abc7 news. >> construction has been ordered to stop at an elementary school because of the traffic near the school. a judge sided with the neighbors living near the school who are concerned about traffic when the school opens on summit drive. according to the san mateo daily journal the judge's original order only stopped construction at a student drop off area. neighbors are concerned about an overall parking shortage and other traffic problems. the district has been working to re-open hoover since 20 continue to -- since 2010. >> a card did big damage at apple store in berkeley. someone deliberately drove a car through the glass front to steal high-tech merchandise. this has happened at apple stores in southern california, chicago, and germany. the high resale value makes them attackive to thieves and the glass door fronds make them vulnerable. a ta

the teacher is frederick berg clears to return to class.nine-year-old student says frederick berg slapped him twice because he didn't know the answer to a math problem, and the father says the teach are claimed he patted the boy but denies patting him. >> my son showed him he slapped him in the face and i asked another kid in the same class, and he said he is slapped my son in the face. my son will not cry for nothing. >> he says the school is moving his son to another classroom and the fremont police say they are still actively investigating the situation. >>> a major move is underway this morning for a gay and lesbian couples with children in california. birth certificates could change to more accurately reflect the status of same sex parents. parents have to select a mother or father on the birth certificate and the state assembly passed a bill to add a third category for parent and if passed by the senate the bill could take effect as soon as 2016. >> trading is underway on wall street and the dow was up a little bit, about 36 points. >

police have been investigating for the past couple of weeks after julian claimed his teacher, frederick berg, did this. >> he drummed on my test, grabbed me and slapped me twice in the face. >> i was in disbelief. i couldn't believe something like that would happen. >> reporter: the assistant superintendent for fremont unified school district says berg admitted to touching the student. >> he described it as a tapped face. >> reporter: he told the district he was trying to help julian but it appeared he wasn't paying attention and berg said he meant no harm by his actions. >> he is remorseful and wish he could come back to work and he wishes that no harm on the student and hopes that things will return to normalcy. >> reporter: but julian's parents not letting this go. >> we don't put our hands on our kids like that. we don't grab them in the fails. i'm sure not going to let some man do that to my son. >> i would like to see him never teach again and i would like to see everyone who tried to protect the teacher and brushed it under the rug be taken care of accordingly. >> reporter: they are n

. >> the assistant superintendent says the teacher frederick berg describes it as a tap to the face. he is on paid administrative leave while the investigation continues. >>> president obama is back at the white house tonight after his two-day trip to the bay area. the president boarded air force one at moffett field earlier today. he was in town raised a little money and promotes some green energy but the photo op for his pitch on solar didn't sit too well with some bay area labor leaders. kpix 5's kiet do on their protest. [ chanting ] >> reporter: with hundreds of protestors demanding higher wages outside, the president made an uncomfortable joke about walmart's legacy of cost cutting. >> it's going to save us money. walmart is good at counting its pennies. >> reporter: with solar panels installed at more than 240 sites walmart is the country's largest producer of on site solar energy for the second year in a row and plan to double it by 2020. the president held up walmart as an example of what companies and citizens need to do now. >> it will be good for the economy long term and

police have been investigating for the past couple of weeks after julian claimed his teacher, frederick berg, did this. >> he drummed his fist on my desk and grabbed my face like this and slapped me two times in the face. >> i was in super disbelief. i just couldn't believe that something like that would happen. >> reporter: roberta lee assistant superintendent for fremont unified school district says berg admitted to touching the student. >> he described it as a tapped face. >> reporter: berg told the district he was trying to help julian but it appeared he wasn't paying attention. and berg said he meant no harm by his actions. >> he is remorseful and he wishes he could come back to work and he wishes no harm on the student and hopes that things will return to normalcy. >> reporter: but julian's parents not letting this go. >> we don't put our hands or our kids like that. we don't grab their face. we don't hit them in the face. i'm sure not going to let some man do that to my son. >> i would like to see him never be able to teach again. i would like to see everybody that tried to protect hi