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Virginia teacher shot by 6-year-old student has resigned, school officials say

Signs expressing support for a teacher who was shot by a 6-year-old student
Signs outside Richneck Elementary School in Newport News, Va., express support for a first-grade teacher who was shot by a 6-year-old student.
(Denise Lavoie / Associated Press)
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The first-grade teacher who was shot by a 6-year-old student in Virginia has resigned from her position, school officials said Tuesday, more than two months after she sued the district for $40 million.

The last day of Abby Zwerner’s contract was Monday, Newport News Public Schools said in a statement. The district said that Zwerner notified human resources in March that she wouldn’t be returning next school year.

Zwerner, 25, was shot in the hand and chest as she sat at a reading table in her first-grade classroom Jan. 6. She spent nearly two weeks in the hospital, has endured multiple surgeries and told NBC News that she sometimes “can’t get up out of bed.”

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Zwerner filed her lawsuit in early April, alleging that school officials ignored multiple warnings that the boy had a gun and was in a violent mood that day.

The school board has pushed back, asking a judge to dismiss the case and arguing that Zwerner should get workers’ compensation instead.

WAVY-TV first reported Tuesday that Zwerner no longer worked for the district. In an interview with the station, an attorney for Zwerner characterized her departure as a firing.

A school shooting that Virginia police said was committed by a 6-year-old student represents a rare occurrence of a child that young bringing a gun into a school and wounding a teacher.

Jan. 7, 2023

Lawyer Jeffrey Breit cited an email that school officials sent Zwerner in May, stating that they had “processed a separation of employment for you effective the close of business 06/12/2023.”

Breit told WAVY: “I don’t think you can read this any other way than ‘You’ve been fired.’ And that’s what she thinks. She doesn’t understand it; there’s no other communication.”

Newport News Public Schools rejected Breit’s assertion in a statement Tuesday.

“Every employee who is separating from the school division receives a similar communication,” the district said.

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An elementary school teacher who was shot by her 6-year-old student says she thought she had died when she passed out from her injuries.

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The school system also provided emails between the district and Zwerner in which the teacher wrote: “I wish to resign. Thank you.”

Breit did not respond to an email and a phone call seeking comment.

Zwerner’s resignation is yet another development in the aftermath of the shooting, which has reverberated through Newport News, a shipbuilding city of about 180,000 people near the Atlantic coast.

The boy who shot Zwerner had used his mother’s gun. His mother, Deja Taylor, pleaded guilty Monday in federal court to using marijuana while owning a firearm, which is illegal under U.S. law.

A Virginia teacher who was critically injured when she was shot by a 6-year-old student in Newport News is showing signs of improvement.

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Taylor is also facing state charges of felony child neglect and reckless storage of a firearm. A trial is set for August.

Meanwhile, Zwerner’s $40-million lawsuit is pending.

Zwerner’s attorneys have said school officials knew the boy “had a history of random violence” at school and at home, including an episode the year before in which he “strangled and choked” his kindergarten teacher.

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“Teachers’ concerns with John Doe’s behavior [were] regularly brought to the attention of Richneck Elementary School administration, and the concerns were always dismissed,” the lawsuit states.

Virginia school administrators had searched the boy’s backpack before the shooting but did not find the handgun that police say he brought to campus.

Jan. 13, 2023

In asking a judge to dismiss the case, the school board has argued that Zwerner’s injuries fall under the state’s workers’ compensation act.

The school board rejected Zwerner’s claim that she could reasonably expect to work with young children who pose no danger, pointing to numerous incidents of violence against teachers across the U.S. and in Newport News.

“While in an ideal world, young children would not pose any danger to others, including their teachers, this is sadly not reality,” the board stated.

The school board said Zwerner has refused to accept workers’ compensation.

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