By Carlos Villalobos

VICTORIA - A Texas first-grader claims his school lunch was taken away and thrown into the trash. Apparently, his lunch account was in the red.

Loretta Garza's six-year-old son, Parker Taylor, is a first grade student at Aloe Elementary school in Victoria.

Last Monday, her son told her he didn't eat lunch at the cafeteria. When she found out why, she was shocked.

"He said no I didn't get to eat it because I didn't have money in my account. So she took it away and threw it in the trash," Garza said.

Taylor instead was handed a cheese sandwich, which he did not eat after his classmates teased him for getting his original lunch thrown away.

Garza says her son was embarrassed by the situation and cried when he told her what happened.

What's worse is Garza says the same incident happened last year at Aloe Elementary to her older son.

"If they are going to throw it away, why waste it? There is no point of that. There are a lot of kids out there that are starving," Garza said.

In a statement, Victoria Independent School District officials said they are not allowed by U.S. Department of Agriculture regulations to give a child a meal that they can't pay for. If they do, the Child Nutrition Program at Victoria ISD would be in violation of those regulations.

Victoria ISD officials said a note was given to Garza's son the Friday before the incident occurred that notified her his funds were low.

But she says she never received the note and believes better communication from the school could have prevented her son's humiliation.