Teacher shot by first-grader no longer works for district

The elementary school teacher who was shot and wounded by one of her first-grade students is no longer employed by the school district.

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The shooting happened on Jan 6 at Richneck Elementary School. Abby Zwerner was shot in the hand and chest. She was hospitalized for two weeks and had several surgeries, The Associated Press reported.

The bullet is still in Zwerner’s upper chest, The Virginian-Pilot reported.

But there are conflicting reports about how Zwerner’s employment came to an end.

Newport News Public School officials said that Zwerner, 25, resigned, the AP reported.

The district gave the AP an email chain from the teacher to the district that read “I wish to resign. Thank you.”

The emails were sent because Zwerner, according to the district, missed a deadline to fill out a form stating her intent for the next school year. She was able to submit her plans via email, WVEC reported.

However, her lawyer, Jeffery Briet, said that his client received two emails over recent months that stated that the district had “processed a separation of employment for you effective the close of business 06/12/2023.” Both emails, one sent on March 20 and a second sent on May 22, had the same subject line: “Exit Letter,” WAVY reported.

Briet says that he reads the emails sent in March and May, that she’s been fired.

Briet said the district was forcing Zwerner to take workers’ compensation, but she refused.

“They sent a check to her bank account. Her worker comp check — two-thirds of pay — they sent it to her. We immediately sent it back. This is not worker’s comp,” Briet told WAVY, adding that after that the district stopped paying her, with her last paycheck coming in February.

Briet says Zwerner should have gotten disability after being wounded in her hand and shoulder during the shooting. He said the program pays while a teacher is out of a classroom and that Zwerner’s doctor sent a letter to the district about her disability but the district has not responded.

The school said that since Zwerner did not accept workers’ compensation, they paid her until her time off ran out, then she was moved to a non-paid category.

“Ms. Zwerner refused workers’ compensation, so HR staff used her sick leave to continue compensation for Ms. Zwerner. When Ms. Zwerner’s sick leave was exhausted, she was placed on unpaid FMLA, in accordance with federal law and school board policy. Had Ms. Zwerner accepted workers’ compensation, she would have received 66 2/3% of her average weekly wages tax-free,” the district said, according to WAVY.

Zwerner is suing the district for $40 million, claiming that school officials knew the boy who had shot her “had a history of random violence” including an incident where he “strangled and choked” his kindergarten teacher. But she alleges that “concerns were always dismissed” when they were brought to the attention of the school’s administration, the AP reported.

The district has asked that the lawsuit be dismissed saying that Zwerner’s injuries fall under workers’ compensation, the AP reported.