SAN DIEGO -- A San Ysidro family said a school violated their right to choose and jeopardized their daughter's health by giving her the H1N1 vaccine.

Parent Jose Gomez said he made it clear in a consent form that he did not want his daughter to be vaccinated, but she was. He now wants the school district to admit they made a mistake.

"I'm almost positive it's happened to somebody else," said Gomez.

Gomez told 10News he is furious after learning his 13-year-old daughter, Martha, was given a swine flu vaccine during class at San Ysidro Middle School.

"What the hell did they put in my daughter?" said Gomez.

Last October, the school handed out consent forms that requested parents' permission to administer the shot. Gomez said he was instructed to return it either way.

"And they said whether you agree or not just to write refuse at the top or accept at the top, and they needed the permission slip back," said Gomez.

Gomez, concerned about safety, returned it with the word "refuse" written on the upper-right corner.

Last week, Martha was pulled out of class, and during an on-site clinic she was given the vaccine.

"I was upset because nobody did anything when I said no," said Martha.

Martha said she told a school security guard and the nurse who administered the shot that her parents were against it, but was told "they had probably changed their mind."

Gomez said his wife works at the school and could have easily been called to verify.

"All they had to do was pick up a radio or call her classroom and they would have said, 'Ms. Gomez, your daughter is here she says she's not supposed to receive it. Do we give it to her yes or no?'" said Gomez.

10News contacted the San Ysidro School District, but Superintendent Manuel Paul refused to comment.

However, hours later, the district issued a statement that said they were investigating the situation.

Gomez said he is afraid the same thing could be happening to other kids.

"If nobody speaks out about it, it'll just be swept under the rug and nobody will care," said Gomez.

Gomez said he filed a complaint with the school district but is still waiting to hear back.