NEWPORT NEWS — The Newport News Education Association President condemned the premise of the school division’s motion to dismiss Abigail Zwerner’s pending $40 million lawsuit.

The motion was filed last week by attorneys representing the School Board and argues that Zwerner, who was shot in her classroom at Richneck Elementary in January by a 6-year-old student, is only entitled to file a worker’s compensation claim because the injury she sustained from the shooting is a “workplace injury,” and that the shooting was a hazard of the job.

  • kamenoko@sh.itjust.works
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    1 year ago

    You’re a peach. If the child had a history of violent behavior, and the school board never acted on any of it, and the student was allowed to continue attending class despite all the “fucked up shit” he did. Then the school board is absolutely liable.

    • just_change_it@lemmy.world
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      1 year ago

      It’s a 6 year old. Even if a 6 year old is known for being violent or rough - do you expect there to be a firearm in their bag?

      What circumstances does one expect a six year old to produce a firearm and shoot someone? As far as I can tell it has literally never happened before or since this single incident, period. Six year olds aren’t really known to be the typical school shooter demographic, that’s more of the angsty teen age.

      I don’t think it’s reasonable for schools to conduct bag searches on kindergarteners or first graders. They shouldn’t really expect to have metal detectors either.

      • garlic@feddit.nl
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        1 year ago

        If the US doesn’t want to have metal detectors and bag searches… then how about some gun regulations, to fix the actual problem? It’s far too easy for Americans to get guns

        • just_change_it@lemmy.world
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          1 year ago

          There’s a fervent following amongst the uneducated who worship them unfortunately, otherwise we would have some common sense regulation and remove a lot of needless deaths.

          Virginia is definitely one of the states which leans heavily towards the worship part.

        • dx1@lemmy.world
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          1 year ago

          Man I don’t know how much you guys remember being in school, but stuff like random searches or going through a metal detector to go to school is a real authoritarian, dehumanizing kind of vibe when you’re a child.

      • kamenoko@sh.itjust.works
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        1 year ago

        I’ll walk you through this:

        Kid has behavior issues (fucked up shit as you state it)

        School fails to protect other students and staff by allowing the student to attend classes.

        Kid shoots teacher.

        Lawsuit

        Any questions?

        • just_change_it@lemmy.world
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          1 year ago

          School fails to protect other students and staff by allowing the student to attend classes.

          Can a school reasonably ban a 6 year old from attending classes whom has never pulled a gun before?

          The 14th amendment allows for equal rights of all citizens. The moment Virginia established a public school system for all citizens this child was protected by this right for a public education without discrimination. It’s very difficult to remove a child permanently from public schools. I didn’t see expulsion or suspension mentioned in either of the articles I read.

          The only argument i’m seeing is that “the child should not have been allowed at school”… but at the same time it’s a constitutional right for them to be in school.

          Any questions?

          • dx1@lemmy.world
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            1 year ago

            This would not be held to preclude suspending or expelling a kid who’s a demonstrable safety risk.

          • kamenoko@sh.itjust.works
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            1 year ago

            So your contention is that a child should be allowed to remain at school until they pull a gun? All behaviour up to attempted murder should be tolerated. Gotcha, understood, thank fuck I went to school 30 years ago where school shootings weren’t a “reasonable expectation”. This child has been failed by everyone in their home and community, just like every other mentally disturbed child who shoots up their school. You do know there are schools for dis-regulated children right? You don’t have to expose every other child and teacher to them.

            A Virginia first-grade school teacher who was shot in her classroom by a 6-year-old student filed a $40 million lawsuit against her school district, alleging administrators were told the boy brought a gun to school prior to the shooting and "had a history of random violence,” yet did nothing to stop him from harming her.

            Are you going to say that a 6 year old bringing a gun to school should be protected by the 2nd Amendment next? It would be less of a reach than quoting the 14th to be honest.

            • just_change_it@lemmy.world
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              1 year ago

              If you are going to take the argument that “preceding events should have caused expulsion” please provide references otherwise the argument is a lot of hot air. “Acts of random violence” in this case probably doesn’t involve more than a kid having tantrums. If the kid stabbed a classmate or did something truly violent you can be sure something would have been done and it would have made the news.

              No one is saying that kids should be bringing guns to school. No one even IMAGINES a six year old bringing one in!