BROOKLYN, N.Y. — A student with epilepsy suffered a seizure on a school bus while the driver reportedly refused to release him to his mother because of a question over her identification, CBS New York reports.

Don Marie Birch, the mother of the 9-year-old boy, Delon, told the news source that even after she showed her ID and her son began to have a seizure, the driver would still not release him to her.

On Sept. 8, Delon was on his first bus ride home from a special-needs school, according to CBS New York. His backpack is marked with his condition and he wears a device on his wrist that he can swipe across a pacemaker in his chest that reduces the time of a seizure. However, Birch told the news source that Delon was too upset during the incident to remember how to swipe the device. Birch’s attorney told the news source that a police officer demanded that the driver let Delon off the bus and he was taken to the hospital.

At issue was Birch’s ID, which the driver reportedly told her she had to show to pick up her son per New York Department of Education policy. Birch’s attorney said that Birch did show her ID, Delon said that she was his mother, and that Delon’s grandmother was also present, on an approved list to pick up the boy, and showed her ID, and the driver still allegedly would not release Delon to them.

The New York Department of Education told the news source that it has “a detailed protocol in place to ensure students are safely picked up by an approved guardian,” the incident is being investigated, and it will make sure the matter is addressed quickly. CBS New York reported that the school bus company did not answer its questions.

Birch is planning to sue the city, the New York Department of Education, and the bus driver over the incident for $5 million, according to New York Daily News.