NEWPORT NEWS, Va. — The Newport News first-grade teacher who was shot by one of her students earlier this year is no longer employed with the school division, a school spokesperson confirmed to 13News Now Tuesday.
Abby Zwerner "notified the Human Resources Department that she was resigning from her position as a teacher for NNPS [Newport News Public Schools] on March 13, 2023," said Michelle Price, the Director of Public Information and Community Involvement with the school division.
With her resignation, the last day of Zwerner's contract was Monday, June 12, Price added.
Zwerner was shot in the hand and chest by a 6-year-old student as she sat at a reading table while teaching class on January 6. She spent nearly two weeks in the hospital.
Zwerner is suing NNPS for $40 million, claiming school leaders had "recklessly" disregarded the safety of everyone on school grounds for ignoring several warnings regarding the student.
In a motion to dismiss Zwerner's lawsuit, attorneys representing the Newport News Public Schools said her workplace injuries should be covered by Virginia's "Workers' Compensation Act."
Later on Tuesday, Price sent a copy of the e-mails that Zwerner sent to resign from the school division. It was in response to public statements from Jeffrey Breit, one of the attorneys representing Zwerner, where he claimed Zwerner was fired and hadn't been compensated in recent months.
The e-mails from Zwerner show she reached out to the NNPS human resources department to seek help with completing an online employee intent form for the 2023-24 school year previously due. Since the form deadline passed, an employee said she could signal her intent via e-mail.
In response, Zwerner stated: "I wish to resign. Thank you."
Another email shows an exit letter sent to Zwerner on May 22, stating the separation of employment was processed and would become effective June 12.
Price also addressed a claim that Zwerner hadn't been paid since February.
According to Price's statement, the human resources department started processing workers’ compensation for Zwerner "immediately following the shooting incident on January 6."
She explained that the typical protocol is for the injured employee to use seven days of sick leave before workers’ compensation begins, but HR leadership didn't process the sick leave due to the unusual situation.
She added that Zwerner was on administrative leave with pay until workers’ compensation payments began and she was paid for the time that Richneck was closed after the shooting (The school was closed from Jan. 6 to 30).
Since Zwerner declined workers' compensation, human resources staff used sick leave to continue compensation, according to Price, which continued until it was exhausted. After that, she was put on unpaid leave.
"Had Ms. Zwerner accepted workers’ compensation, she would have received 66 2/3% of her average weekly wages tax-free," Price wrote.
Zwerner’s attorneys say they have no comment about the current status of her employment at this time.