The family of a student with autism has filed a federal lawsuit accusing a Tuscaloosa school bus driver of physically abusing her earlier this year and claiming the school board has failed to accommodate her in the aftermath.

The lawsuit comes from LaKesha Renee Rice on behalf of her daughter, described in the complaint as an 18-year-old with profound, nonverbal autism whose intelligence is comparable to a toddler's.

It was filed on Wednesday in the U.S. District Court, Northern District of Alabama, Western Division.

The child, a special education student in the Tucaloosa City School System, was reportedly a daily school bus rider under the terms of her Individualized Education Program—the unique plan schools must create to accommodate students with special needs.

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In late January of this year, the student was allegedly abused by a TCS bus driver, Samuel Lee Jones. The 74-year-old was charged criminally following a routine review of bus surveillance footage that raised red flags and led to a police investigation.

According to the federal lawsuit, the child was strapped in to a seat per the terms of her IEP when Jones "attempted to administer corporal punishment, but did so in an abusive, violent, and “over-the-top” manner."

The complaint says there is video of the 74-year-old bus driver punching, slapping and striking the child with his hands and belt about two dozen times during four different "episodes" spread out over seven or eight minutes.

Two other TCS employees who were on the bus but not identified in the complaint reportedly did not intervene and even "egged on" the behavior and scolded the restrained student.

The lawsuit claims the child's behavior has changed since the alleged abuse, including a marked increase in aggression towards her mother. Rice also says that city school administrators have not met with her to discuss adopting a new IEP or arranging new bus transportation for her daughter.

The four-count lawsuit claims TCS is violating the Americans with Disabilities Act and accuses the school board and the bus driver of negligence for the alleged January abuse. Count 3 is against TCS for employing Jones, and Count 4 claims the board of education has attempted to threaten Lakesha Rice with removing or blocking her daughter from future schooling if legal action is taken against them.

The suit was filed on Wednesday by attorneys with Morgan, Morgan & Liddon, who are representing Rice.

A spokesperson for the Tuscaloosa City Schools said they are aware of the lawsuit, but their policy is not to comment on pending litigation.

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