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Teacher at Pensacola charter school accused of breaking leg of 3-year-old with autism

This story has been updated to include a statement from Capstone Academy

A teacher at a Pensacola charter school is facing criminal charges after allegedly breaking a 3-year-old's leg in January.

Samantha Jo Forester, 35, is charged with aggravated child abuse in connection with the injury, and the child's family is suing Forester's employer, the Capstone Academy in Pensacola, over allegations of negligence.

The child's mother, Leah Owen, told the News Journal that she was happy to be off the waiting list and to have her daughter, Gabby, finally enrolled at the academy.

"Having a nonverbal child, you put a lot of trust in whoever takes care of her," Owen said.

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Gabby is autistic, so her mother was relieved to enroll her daughter in an early education program at a school that specializes in therapies for children with learning disabilities. According to the school's website, it is the only one in the area to incorporate therapies with specialized education for children from birth to 5 years old.

A similar case: Pensacola man charged with aggravated child abuse after baby suffers fractured femur

In Santa Rosa County: Milton woman charged with child abuse after allegedly beating children with PVC pipe

What happened the morning of Jan. 13?

On the morning of Jan. 13, Owen got off work from her night shift as a nurse and took her son and daughter to school as she always did. She went home and to sleep but was woken up a couple of hours later by a call from her daughter’s teacher letting Owen know her daughter was injured.

Owen rushed to the school.

"When I did see her, she was on the floor with three therapists around her with ice on her leg, and I immediately took her to the emergency room," Owen said.

At Ascension Sacred Heart Hospital, an X-ray revealed Gabby's right femur was fractured and required emergency surgery to repair. Gabby went home in a full body cast.

"She's a very vulnerable plaintiff. She's nonverbal and autistic and attended for adaptive learning," said Ashley Armstrong, an attorney with The Watson Firm who is representing the family in what she says is an imminent lawsuit.

Armstrong said her firm will seek damages for negligent hiring, supervision and retention practices at the school, as well as any damages for Gabby's personal injuries allegedly caused by Forester.

In a written statement issued Monday, Capstone officials said, "We understand and share our parents' expectations of placing their special needs children in a safe and comforting learning environment and our hearts go out to the family of this child who was injured. Our standards of care have always been set high and remain so today and our history validates that. This was an unfortunate event for everyone involved.

"It is important to know that we have always abided by strict hiring and employment practices that include background checks, training, and specialized certifications and recertifications. It is also important to know that our teachers are here by choice; they are passionate about working with children with very specific behavioral needs.