The schoolteacher was shot and injured by a 6-year-old student in early January.
The American teacher announced Wednesday to sue the management of the establishment, which according to her has repeatedly ignored the threat posed by the child.
On January 6, the day of the tragedy that shocked public opinion, teacher Abigail Zwerner and her colleagues warned officials at Richneck Elementary School in Newport News, Virginia three times that the CP student could be armed and threatened his classmates, assured Diane Toscano, the teacher's lawyer.
"But the school administration didn't seem to care," continued the lawyer, detailing her legal complaint, during a press conference on Wednesday.
The student, in possession of a 9mm caliber Taurus pistol, fired a bullet which punctured Abigail Zwerner's hand, before hitting her in the chest.
The 25-year-old victim claims to have warned the management of the establishment in the morning that the boy, whose identity has not been revealed, had threatened to hit another child.
Three Warnings
An hour later, another teacher had warned him that the child had probably brought a gun to school without him being able to see it in his schoolbag.
Finally, a third teacher reported that a student had told him in tears that he had just seen the weapon and been threatened with it.
Despite these warnings, the teachers did not obtain permission to search the student.
"This tragedy could have been totally avoided if school safety officials had played their part and taken action when they became aware of an impending danger," said Diane Toscano.
On Wednesday evening, the Newport News School Board announced the upcoming departure of school authority chief George Parker in an "amicable" settlement.
400 million weapons in circulation
The decision was made “without cause,” based solely “on the trajectory and future needs” of the school district, board chair Lisa Surles-Law said in a statement, calling the official “competent.” .
The teacher survived a bullet to the chest but has to undergo further operations.
The local authorities have decided to temporarily withdraw custody of the child from his parents and have him admitted to a medical center, pending a decision on possible prosecution.
Given his young age, he should be considered criminally irresponsible, even though police described the shooting as "intentional".
His parents, on the other hand, could be charged for violating a local law which prohibits leaving loaded weapons accessible to children under 14 years of age.
The United States, where nearly 400 million weapons are in circulation, is regularly bereaved by shootings in schools but it is very rare that the shooters are so young.
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Shooting