The mother of a mentally handicapped boy is suing the Trumansburg School District after she says her son was attacked by a bully on the school bus and the driver ignored his cries for help. Our Tamara Lindstrom has more and shows us the video of the alleged assault.

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TRUMANSBURG, N.Y. -- It was an incident that angered a mother and sparked a lawsuit and now a video shows just how it happened.

"It's actually quite appalling to watch the bus driver actively ignore what's going on two seats behind him," said Ed Kopko, attorney for the child's mother.

The mother of the then elementary school student has filed a suit against the Trumansburg Central School District for failing to protect her son from harassment and bullying.

"Because he is a special needs child, he is particularly vulnerable to this type of bullying. What this did for him was to terrify him in attending public schools," Kopko said.

The names of both parent and child have been withheld from court documents over concerns of further harassment. The lawsuit alleges that on May 5, 2008, the child was attacked by another student on the school bus.

"They immediately began very rough horseplay that escalated when the bully cornered my client in between the two seats and began to beat him," Kopko said.

Court papers allege when the child called for help from the only adult on the bus, his cries were ignored. The pair was eventually separated by another student.

The attorney says an aide should have been with him on the bus and now the boy suffers from emotional and psychological harm, leaving him fearful of attending school. Kopko said the child has been denied a free and appropriate public education.

"What we're asking the school district to do is to cooperate with us in formulating an individualized education plan that meets the particular needs of my client so that the bullying episode can be overcome and the child can receive an education," Kopko said.

The district responded to the lawsuit, denying liability for the incident.

Kopko hopes the suit will force the district to deal with the situation. So that next time, it won't be up to another student to step in.

District officials could not comment on the pending lawsuit, but the district has filed a third-party claim against the student accused of bullying.