A Norwalk special needs student and his family are suing the city and the school district over allegations that he was bullied by his teacher.

Daniel Portillo, 13, says he was kicked out of the bathroom last month by Joseph Pulit at the Norwalk Alternative Opportunities program.

Portillo's cellphone video captures the moment where Pulit tells him to "take your crap home."

"Embarrassed. Embarrassed and kind of frustrated. It just surprises me to be honest," said Portillo.

The lawsuit says Pulit claimed Portillo violated an unenforced rule that no more than two people could be in the bathroom at the same time.

Portillo says he was then suspended and told to leave the building, but his parents weren't notified.

He says he had to stand outside in the cold for hours.

"No child should be called coward and screamed at. No child should be berated. And no child should be kicked onto the street and not let into a building and parents not notified," said Piper Paul, the attorney representing the family.

Portillo and his family say many of the students in the program for troubled kids are being bullied and say no one is learning.

Portillo is no longer in school.

The program told News 12 Connecticut it has no comment on the alleged incident.

Pulit has been placed on leave.

Norwalk Mayor Harry Rilling released a statement saying, "Any allegations will be taken seriously and fully investigated. However, it is our policy not to comment on pending lawsuits."

News 12 Connecticut reached out to the teacher and the law firm representing the school system, but have not heard back.