NEWPORT NEWS, Va. — Weeks after first-grade teacher Abby Zwerner filed a $40 million lawsuit against Newport News Public Schools, the family of one of Zwerner's students is also gearing up for court.
Attorney Harold Belkowitz is representing the student who he said was present in the classroom at the time of the shooting. Belkowitz filed a notice of an intent to sue Newport News Public Schools in January, shortly after the shooting, in addition to another attorney representing a family of a student at the school.
He said he is investigating every detail that led up to the incident before formally filing a lawsuit in court.
Belkowitz said the pending lawsuit goes beyond what happened that day on January 6.
In a statement to 13News Now, Belkowitz said, "We are aware of numerous incidents of bullying, harassment, and assault by students at Richneck Elementary School during the months leading up to the January 6, 2023 shooting. School and NNPS administrators chose to ignore ongoing parent complaints about such intolerable conduct. Concerning student behaviors went unaddressed, and the school system did not take necessary measures to stop or prevent it."
Belkowitz said as part of his investigation, he contacted Newport News Public School administrators multiple times as early as January 30, asking for certain education records under the Family Education Rights and Privacy Act to help in his investigation.
The attorney wrote in a statement, saying, "It is disturbing that NNPS is hindering our clients’ lawful efforts to uncover the truth of what happened at Richneck Elementary School. Our clients have requested access to their child’s education records pursuant to the Family Educational Rights and Privacy Act (“FERPA”). Among the records sought are documents relating to administrators' failure to appropriately and effectively address the parents' numerous pleas concerning the dangerous environment at Richneck Elementary."
He said because school employees have not responded to his request and follow-up emails, he filed a formal complaint with the United States Department of Education (DOE).
According to the U.S. Department of Education and VDOE, "The educational agency or institution, or SEA or its component, shall comply with a request for access to records within a reasonable period of time, but not more than 45 days after it has received the request."
13News Now reached out to Newport News Public Schools Wednesday. As of that afternoon, a spokeswoman for the school division said she would look into the matter and respond accordingly.
You can read the full complaint below: