The first-grade teacher who was shot by her 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, as she sat at a reading table in her first-grade classroom on Jan. 6. She spent nearly two weeks in the hospital, has endured multiple surgeries and told NBC that she sometimes 鈥 .鈥
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, and arguing that Zwerner should get workers compensation instead.
WAVY-TV first reported that Zwerner no longer worked for the district on Tuesday. In an interview with the station, an attorney for Zwerner characterized her departure as a firing.
Lawyer Jeffrey Breit cited an email that school officials sent Zwerner in May, stating they had "processed a separation of employment for you effective the close of business 06/12/2023.鈥
Breit told WAVY: 鈥淚 don鈥檛鈥 think you can read this any other way than you鈥檝e been fired. And that鈥檚 what she thinks. She doesn鈥檛 understand it; there鈥檚 no other communication."
Newport News Public Schools refuted Breit's claim in a statement Tuesday.
鈥淓very employee who is separating from the school division receives a similar communication,鈥 the district said.
The school system also provided emails between the district and Zwerner in which the teacher wrote: 鈥淚 wish to resign. Thank you.鈥
Breit did not respond to an email and a phone call from The Associated Press seeking comment.
Zwerner's resignation is yet another development in the aftermath of the shooting, which has reverberated through the 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, to using marijuana while owning a firearm, which is illegal under U.S. law.
Taylor is facing charges on the state level of . A trial for those counts is set for August.
Meanwhile, Zwerner's $40 million lawsuit is pending.
Zwerner鈥檚 attorneys have said school officials knew the boy 鈥渉ad a history of random violence鈥 at school and at home, including an episode the year before in which he 鈥渟trangled and choked鈥 his kindergarten teacher.
鈥淭eachers鈥 concerns with John Doe鈥檚 behavior (were) regularly brought to the attention of Richneck Elementary School administration, and the concerns were always dismissed,鈥 the lawsuit states.
In asking a judge to dismiss the case, the school board has argued that Zwerner's injuries fall under the state鈥檚 workers compensation act.
The school board rejected Zwerner鈥檚 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.
鈥淲hile in an ideal world, young children would not pose any danger to others, including their teachers, this is sadly not reality,鈥 the board stated.
The school board said Zwerner has refused to accept workers compensation.
