The Virginia school district where a 6-year-old shot his teacher argues that her injuries fall under the state’s workers compensation act and cannot be addressed through her $40 million lawsuit, according to court documents.
Zwerner was approved for workers’ compensation, which covers injuries “without having to prove negligence,” the school board said Wednesday. It provides up to 500 weeks of compensation and lifetime medical care for injuries.The school board’s response to Zwerner’s lawsuit is the latest fallout from the shooting, whichZwerner accuses school officials of gross negligence and of ignoring multiple warnings the day of the shooting.
School officials sent the boy to another school but allowed his return for first grade in fall 2022, Zwerner’s lawsuit states. It said he was placed on a modified schedule “because he was chasing students around the playground with a belt in an effort to whip them,” and was cursing staff and teachers.
In its filing Wednesday, the school board pushed back against Zwerner’s claims that the child should not have remained in her class.which causes inattention, hyperactivity and impulsivityThe evaluation for possible attention-deficit/hyperactivity disorder was not complete, the board said. And even if he had been found in need of additional services, state and federal laws would have applied “for the purpose of keeping such children in the classroom with their with their peers when possible.
Other warnings included those from two students, who told a reading specialist the boy had a gun in his backpack, the lawsuit states.
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