The family said they received a video of the incident on Monday after sending multiple requests for a copy of the video to Dayton Public Schools.
Michael Wright, a lawyer for the family, said they have not yet seen the entire video of the incident, which took place on Aug. 21, and have not been informed whether the employee was credentialed to work with children with special needs.
The status of the employee, who has not been named, was not clear. Lindsey said the worker was suspended pending an investigation, but the school did not respond to ABC News' request for comment to confirm that or discuss the incident. The Dayton Police Department did not immediately respond to ABC News' requests for comment on the incident.
The family said they first learned of the incident that occurred on Aug. 21 upon picking up their son from school. They said the school mentioned that an incident had happened but were vague and failed to provide additional details. The family said they were later contacted by Child Protective Services, who were investigating the incident, and the family was told to request video of the incident as it was "way worse than what the school put on paper.
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