San Francisco: Richneck Elementary School in Newport News, Virginia is facing legal action after a teacher was shot by one of her six-year-old students.

Attorney Diane Toscano announced Wednesday that her client, Abigail Zwerner, plans to sue the school for failing to take action following multiple warnings of a threat from the student. On the morning of January 6, Zwerner reported to administrators that the boy had threatened to beat up another child, and another teacher said that the student might have a gun in his pockets.

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A third teacher then reported that another student said they had seen the gun and been threatened with it. Despite these warnings, school administrators failed to take action and denied permission to physically search the boy. Hours later, the student shot Zwerner in front of the other children, seriously injuring her.

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She is currently recuperating at home and faces more surgery. In response to the incident, the Newport News school board has fired the superintendent, George Parker III, although they stress that the decision was made without cause. Because of the student’s age, charges are not likely, although the parents could face charges for allowing the child access to a gun.

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The parents have released a statement praising Zwerner and claiming that the gun had been secured, and that the week of the shooting was the first week in which they were not in class with him.