VIRGINIA BEACH (WAVY) – The parents of a 9-year old with Down syndrome plan to sue Virginia Beach City Public Schools based on school bus video showing a bus assistant putting his hands on their child.

Giovanni “Vanni” Mauro is a rising fourth-grader at Princess Anne Elementary School and is non-verbal. 10 On Your Side obtained exclusive video from bus rides in February showing bus assistant Lester Langhorne on the special needs bus.

In one clip, Langhorne pushes Vanni’s hand off the back of a seat. In other clips, Langhorne pushes the boy across the seat and uses his right hand to push the boy’s throat or neck to keep him in place.

His parents and their attorney say if not for the bus driver alerting a school resource officer, they may never have known about the incidents.

“Devastated. Heartbroken. Angry, upset. I felt betrayed,” said Crystal Mauro.

“First was anger, I was upset that my son was being treated that way,” said Antonio Mauro. “There was a lot of emotions and there still is to this day.”

They’ve filed a misdemeanor charge against Langhorne and plan to sue the school division.

The Mauros say they want change and accountability. Some already happened early on, when, according to the Mauros’ attorney Happy O’Brien, Langhorne was fired after the case emerged, and VBCPS has confirmed that he is no longer an employee. O’Brien says the bus driver now has a new route.

10 On Your Side contacted Langhorne’s attorney and he did not immediately respond.

VBCPS spokeswoman Natalie Allen said in a statement:

We have been advised by legal counsel not to comment further on this particular incident because of pending litigation. We want to let our families know that VBCPS is committed to providing a safe and nurturing environment for our students at all times and that all staff are expected to adhere to the highest ethical practices and conduct.”

Meanwhile, Vanni will have a driver and will no longer ride a bus when he starts fourth grade at Princess Anne Elementary, but his parents want policies and practices to improve on a broader scale for students with special needs.

“It’s a complete failure of the school system. It’s a complete failure of leadership,” Antonio Mauro said, “a complete failure of training, a complete failure of the hiring process and who we’re putting in charge of our children who can’t defend themselves.”

“I want the people that can make the change make the change so this never happens to another kid again,” Crystal Mauro said.

Langhorne has a court date in September on the misdemeanor charge of assault and battery. The Mauros plan to gather more information in the coming weeks and file their lawsuit in time for the beginning of the new school year.