NORTHUMBERLAND COUNTY, Va. — A Northumberland mom wants charges brought against a former substitute teacher after she said the substitute assaulted her three-year-old son. Jennifer Kelley said the assault happened on Aug. 31 at Northumberland Elementary.
“I always check his book bag and in his book bag, they have a behavior chart," Kelley said. "That day, he had a frown face."
When Kelley asked her son what happened, the child said his teacher hurt him when she pulled his arm.
“So, then I was just kind of watching him. I let them go outside. I noticed that he wasn't using his right arm like he should be. So that's what directed me to take him to the hospital," she explained.
According to Kaleb Noel’s medical records the three-year-old was treated at Rappahannock General Emergency department for a Nursemaid’s elbow or a pulled elbow.
The ER report states, “Pt has right arm pain, hx of break in this arm near elbow. Pt told mother that his teacher pulled on his arm today and that it hurts when he picks up things and grabs them. Pt has decreased grip in right hand compared to left, able to move both arms. Pt indicates anterior elbow for his pain, hurts constantly, worse when gripping things or moving arm.”
“Her pull my arm," said Kaleb. ”I've been standing right here in front of the line and her told me that I can't stand like that. Her told me again stop standing like that and I wouldn't stop standing like that,” he added.
“And, then what happened?” asked Problem Solver Laura French.
“Her dislocated my arm. I told her to let go,” said Kaleb.
Kelley said Kaleb’s elbow had to be reduced or put back in place.
“It was very hard. You know, you're holding your three-year-old in your lap and watching the doctor have to relocate his arm back in place. He's screaming and crying and he's hurting. So, it's very upsetting.” said Kelley.
Kelley said what was equally upsetting was watching back the in-school surveillance video of what went on inside the school the afternoon of August 31, when she sat down with school administrators after filing a report with the Sheriff’s Office and the Department of Social Services.
“He was wiggling around like a typical three-year-old does and then the teacher grabbed his arm,” said Kelley. “She went out of view of the camera, I could still see Kaleb wiggling and moving as she had a hold of it, like he was trying to get her to let go and then when she came back in camera view with him, she still had a hold of his arm and at this point, he had his good arm holding right here on his elbow, where the dislocation was, as she still had a hold of his arm.”
“What was that feeling like after watching that?” asked French.
“It's just so bothersome to think that, you know, you trust your kid to be safe at school, and this happens to him,” Kelley responded.
“If this individual is watching this tonight, what would your message to her be?” asked French.
“Honestly, my message would be to tell her you need a different career. You don't belong in a school system with children. They depend on you to keep them safe and unharmed and what you did to my child was wrong," she said.
“Why are you doing this? Why are you speaking out?” asked French.
“Because I don't want it to happen to anybody else's kid,” Kelley answered.
“Northumberland County Public Schools holds every child’s safety as our top priority for students and families," Northumberland Superintendent Holly Wargo said. “Concerns involving student safety are immediately investigated by the school administration and, in certain cases, reported to Child Protective Services and Law Enforcement. While specific information regarding students and personnel cannot be disclosed, please know that the employee involved in this matter is no longer employed by the school division.”
Kelley said the Department of Social Services (VDSS) just wrapped up its investigation and unfounded the claim. She said she was told by the investigator that the substitute did not mean to hurt Kaleb.
The CBS 6 Problem Solvers wrote VDSS to confirm the unfounded finding and inquired if Code of Virginia § 22.1-279.1 was considered in their assessment.
“Thank you for considering VDSS and providing sufficient time to prepare a response," a VDSS spokesperson responded. "We are, however, unable to disclose any information regarding a CPS matter, per Virginia Codes §63.2-104 and §63.2-105.”
“I've been a nurse for almost 15 years and if I had held a patient, the way that she held [Kaleb] until the fact that they dislocated their arms, I would be sitting in front of the board of nursing, losing my license,” said Kelley.
“The Sheriff’s Office is always concerned when a child is injured, particularly in school,” Northumberland County Sheriff Johnny Beuchamp said. "Based on statements of witnesses and the camera footage, the substitute teacher was attempting to gain control of the child when his behavior became erratic. It is possible at the time the child’s elbow was injured; however, detectives found no evidence of intent to harm the child. This case remains open but inactive, awaiting a full report from Northumberland Department of Social Services.”
