VA - Boy, 6, in custody after shooting teacher, Newport News, Jan 2023 *mom charged* #3

[x_files]

My guess is, that wasn't the first time the other children in the class heard this boy speak this way of the teacher, or anyone else.

You'd think he would be expelled for his language alone.

 

[Ontario Mom]

You'd think he would be expelled for his language alone.

I'm pretty sure they don't even do that anymore.

There might still be rules about vulgarity and profanity but I've heard it on elementary school playgrounds for 30+ years.
I find it awful to hear a child cuss and what's worse is, some parents (in my personal experience) actually encourage it and think it's funny, or no big deal.

jmo

 

[cujenn81]

I’m not sure what NNS is stating is accurate or just selective interpretation …. I read records can be released with a Subpoena. Question being… will DA Pursue these records for the grand jury investigation? Moo

Family Educational Rights and Privacy Act (FERPA)

Family Educational Rights and Privacy Act (FERPA) Home Page.

www2.ed.gov

….

• Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
  • School officials with legitimate educational interest;
  • Other schools to which a student is transferring;
  • Specified officials for audit or evaluation purposes;
  • Appropriate parties in connection with financial aid to a student;
  • Organizations conducting certain studies for or on behalf of the school;
  • Accrediting organizations;
  • To comply with a judicial order or lawfully issued subpoena;
  • Appropriate officials in cases of health and safety emergencies; and
  • State and local authorities, within a juvenile justice system, pursuant to specific State law.

Virginia first-grader bragged about shooting his teacher

Newly unsealed search warrants reveal that the six-year-old who shot his teacher, Abigail Zwerner, later bragged about the incident.

www.dailymail.co.uk

….
Police noted they are trying to obtain more information about the student from Child Protection Services, in addition to more records on the choking incident and are awaiting those records from school officials.
….
fficials said: 'Unfortunately, FERPA, the Family Educational Rights and Privacy Act, prevents schools from releasing information from a student’s education record.

'U.S. Department of Education guidance states “schools must have written permission from the parent or eligible student in order to release any information from a student's education record.”'

You’re correct. I work for a public school district and actually just took the required FERPA training refresher course last week. Student records may be released to LE if they obtain a search warrant because a search warrant is a judicial order.

Maybe the reporting is just wrong? From what I understand after reading the redacted warrants, LE obtained the child’s school records but believes the file is incomplete in some capacity. However, it wasn’t clear to me if LE thinks the district is purposely withholding information by claiming the previous incident reports don’t exist or if LE thinks the school never created an incident report or added notes to his file when the incident occurred. I find it extremely hard to believe the choking incident was never added to his file because he was ultimately expelled from the school, IIRC. I know he finished out the year at another school, but they allowed him to return for first grade. Maybe he wasn’t “officially expelled” and the family decided to send him somewhere else? That’s almost equally hard for me to believe, though.

 

[Simply Southern]

You’re correct. I work for a public school district and actually just took the required FERPA training refresher course last week. Student records may be released to LE if they obtain a search warrant because a search warrant is a judicial order.

Maybe the reporting is just wrong? From what I understand after reading the redacted warrants, LE obtained the child’s school records but believes the file is incomplete in some capacity. However, it wasn’t clear to me if LE thinks the district is purposely withholding information by claiming the previous incident reports don’t exist or if LE thinks the school never created an incident report or added notes to his file when the incident occurred. I find it extremely hard to believe the choking incident was never added to his file because he was ultimately expelled from the school, IIRC. I know he finished out the year at another school, but they allowed him to return for first grade. Maybe he wasn’t “officially expelled” and the family decided to send him somewhere else? That’s almost equally hard for me to believe, though.

In early post COP NN expressed frustration at delays for interviews and struggles to obtain records. MOO NBPS have fought tooth and nail, blamed AZ publicly, even stating being shot was part of her job.

I’m waiting on the DA and the special grand jury. I do believe there are or were records. If the DA doesn’t obtain I suspect, based on recent history the Governor will require an inquest and the State Attorney General will handle all criminal charges, should they arise.

Moo

 

[Laughing]

You’re correct. I work for a public school district and actually just took the required FERPA training refresher course last week. Student records may be released to LE if they obtain a search warrant because a search warrant is a judicial order.

Maybe the reporting is just wrong? From what I understand after reading the redacted warrants, LE obtained the child’s school records but believes the file is incomplete in some capacity. However, it wasn’t clear to me if LE thinks the district is purposely withholding information by claiming the previous incident reports don’t exist or if LE thinks the school never created an incident report or added notes to his file when the incident occurred. I find it extremely hard to believe the choking incident was never added to his file because he was ultimately expelled from the school, IIRC. I know he finished out the year at another school, but they allowed him to return for first grade. Maybe he wasn’t “officially expelled” and the family decided to send him somewhere else? That’s almost equally hard for me to believe, though.

Is Virginia law different?

After all, it is The Commonwealth of Virginia and I just live in a boring regular State. Not even a Napoleonic state a la Louisiana.

Hhhmm, though, sure benefits those living "in common" when teachers can be safe from assault by students.

Years ago as a Head Start teacher, I had a boy who would hit girls. Most any girl, never a boy. Parent-teacher conference: I talk about student strengths, Mom looks at me & at art & photos of work smiles & asks questions, seems surprised when I talk about her child's strengths; Dad looks out the window. Discussion of difficulty consistently following rules including Friendly Hands and Walking Feet, Mom studies art shelf studiously; Dad laughs.

I ask Dad why he finds it funny. Dad says "oh he's little, doesn't know what he's doing, that's a laugh."

I explain that it isn't funny to the family of the child with the black eye, or to the child with the knocked-out tooth (pushed on the sidewalk,) or the gravel scrapes.

I explain that my husband teaches at the high school. That week, a student hit another student and left in a police car. Asked if that will be funny.

Dad says No, then you gotta pay a lawyer.

Teacher: At school, hitting isn't funny today. I want to give [Child] time to practice using school rules before he leaves in a police car. I need your help.

The little guy actually made a great deal of progress. Over time, Mom had 2 kids with IEPs -- and included me in the meetings at public school. I eventually talked Mom into a DV program & she divorced him.

Kid, sorry to say, has been arrested & plead guilty, fine & time in County but not prison time.

When parents are on board, students accomplish great things!

Otherwise -- teachers are paddling a loaded canoe uphill. AZ sure was!

jmhexperience ymmv lrr

 

[Simply Southern]

@Laughing …It appears Va Law is clear, LE can obtain records. State Laws can not Supersede federal law

https://law.lis.virginia.gov/vacode/title22.1/chapter14/section22.1-287/

§ 22.1-287. Limitations on access to records.​

A. No teacher, principal or employee of any public school nor any school board member shall permit access to any records concerning any particular pupil enrolled in the school in any class to any person except under judicial process unless the person is one of the following:
…
5. State or local law-enforcement or correctional personnel, including a law-enforcement officer, probation officer, parole officer or administrator, or a member of a parole board, seeking information in the course of his duties;

7. An officer or employee of a county or city agency responsible for protective services to children, as to a pupil referred to that agency as a minor requiring investigation or supervision by that agency.

 

[Laughing]

Thanks, @Simply Southern !!!

 

[mickey2942]

Virginia 6-year-old's chilling words after shooting 1st grade teacher during class revealed in unsealed docs

A Richneck Elementary School staffer told Virginia police a 6-year-old student's chilling words moments after the boy allegedly shot his teacher.

www.foxnews.com

Wow. That is cold. Rehabilitation?! Good luck. Sounds like a hate crime to me, as he specifically made a reference to her gender, while committing a crime of violence.

 

[airportwoman]

It’s all about parental control and discipline. It’s a parents choice to purchase or provide access to these games and systems. A six yo does have the financial means to purchase these items on their own.

It is what, it is.

All MOO

Far too many parents don't want to give up their own violent video games, (edited) dirty movies, booze, etc. even for their kids.

 

[airportwoman]

Is Virginia law different?

After all, it is The Commonwealth of Virginia and I just live in a boring regular State. Not even a Napoleonic state a la Louisiana.

Hhhmm, though, sure benefits those living "in common" when teachers can be safe from assault by students.

Years ago as a Head Start teacher, I had a boy who would hit girls. Most any girl, never a boy. Parent-teacher conference: I talk about student strengths, Mom looks at me & at art & photos of work smiles & asks questions, seems surprised when I talk about her child's strengths; Dad looks out the window. Discussion of difficulty consistently following rules including Friendly Hands and Walking Feet, Mom studies art shelf studiously; Dad laughs.

I ask Dad why he finds it funny. Dad says "oh he's little, doesn't know what he's doing, that's a laugh."

I explain that it isn't funny to the family of the child with the black eye, or to the child with the knocked-out tooth (pushed on the sidewalk,) or the gravel scrapes.

I explain that my husband teaches at the high school. That week, a student hit another student and left in a police car. Asked if that will be funny.

Dad says No, then you gotta pay a lawyer.

Teacher: At school, hitting isn't funny today. I want to give [Child] time to practice using school rules before he leaves in a police car. I need your help.

The little guy actually made a great deal of progress. Over time, Mom had 2 kids with IEPs -- and included me in the meetings at public school. I eventually talked Mom into a DV program & she divorced him.

Kid, sorry to say, has been arrested & plead guilty, fine & time in County but not prison time.

When parents are on board, students accomplish great things!

Otherwise -- teachers are paddling a loaded canoe uphill. AZ sure was!

jmhexperience ymmv lrr

This "father" sounds like he had the maturity of about a 12-year-old. Kids at that age often think they got in trouble because they were caught, not because they did something wrong.

 

[fred&edna]

It was LE who requested a search warrant. Do we know if this was refused? If it was... who refused to issue a warrant??

 

[cujenn81]

It was LE who requested a search warrant. Do we know if this was refused? If it was... who refused to issue a warrant??


View attachment 440202

It wasn't refused. The judge signed the warrant January 25, 2023. LE seized a manila folder, AZ's notebook, a laptop, and a notebook paper dated 1/4/2023 and 1/6/2023 that same day.

FINAL Approved Redacted Richneck Shooting Search Warrants | PDF

Newly unsealed search warrants reveal statements a 6-year-old student allegedly made after police said he shot a teacher at Newport News elementary school.

www.scribd.com

Page 18 of the Scribd document

 

[texaslb218]

You’re correct. I work for a public school district and actually just took the required FERPA training refresher course last week. Student records may be released to LE if they obtain a search warrant because a search warrant is a judicial order.

Maybe the reporting is just wrong? From what I understand after reading the redacted warrants, LE obtained the child’s school records but believes the file is incomplete in some capacity. However, it wasn’t clear to me if LE thinks the district is purposely withholding information by claiming the previous incident reports don’t exist or if LE thinks the school never created an incident report or added notes to his file when the incident occurred. I find it extremely hard to believe the choking incident was never added to his file because he was ultimately expelled from the school, IIRC. I know he finished out the year at another school, but they allowed him to return for first grade. Maybe he wasn’t “officially expelled” and the family decided to send him somewhere else? That’s almost equally hard for me to believe, though.

There are so many rules against expelling now. In some states, you cannot expel at all. The student must be in some sort of school setting. And certainly can't use that remedy for language.

 

[Simply Southern]

It was LE who requested a search warrant. Do we know if this was refused? If it was... who refused to issue a warrant??


View attachment 440202

It sounds to be like the warrant was issued and the choking incident was not in the child’s record. Moo, the teacher retained a copy of her referral to administration and the file contained NO record for the incident.

Did Richneck not place the information in the file, destroy the document, intentionally hide information on his behavior, or it’s in the file and they are refusing to give up?

Moo..based on recent VA court cases, lying/intentionally misleading the public/ covering up bad behavior by a school board member is not a good thing.
Moo

 

[mickey2942]

It sounds to be like the warrant was issued and the choking incident was not in the child’s record. Moo, the teacher retained a copy of her referral to administration and the file contained NO record for the incident.

Did Richneck not place the information in the file, destroy the document, intentionally hide information on his behavior, or it’s in the file and they are refusing to give up?

Moo..based on recent VA court cases, lying/intentionally misleading the public/ covering up bad behavior by a school board member is not a good thing.
Moo

Actually, I don't see direct malfeasance here, just lazy, sloppy documentation. The administration here, appeared to just want to show up for work, without really doing anything except socialize with friends and collect a paycheck.

Dealing with behavior issues? Just send the kid to class. Done.

 

[LauraAnne]

I wonder if they were trying to avoid a formal label of behavior/mental health issues for this child, to avoid the cost of providing services that would come with that label?

 

[texaslb218]

I wonder if they were trying to avoid a formal label of behavior/mental health issues for this child, to avoid the cost of providing services that would come with that label?

I thought he was already identified and prescribed an IEP. Where did I get that idea?

 

[fred&edna]

It wasn't refused. The judge signed the warrant January 25, 2023. LE seized a manila folder, AZ's notebook, a laptop, and a notebook paper dated 1/4/2023 and 1/6/2023 that same day.

FINAL Approved Redacted Richneck Shooting Search Warrants | PDF

Newly unsealed search warrants reveal statements a 6-year-old student allegedly made after police said he shot a teacher at Newport News elementary school.

www.scribd.com

Page 18 of the Scribd document

Thanks! I only read the document once (and that's not enough for my little brain)... the info didn't "stick".

 

[fred&edna]

You really do have to wonder what in the heck kind of a homelife a child has, who's going around trying to choke adults (at 5 years old), then takes his mom's gun and shoots another one (at 6 years old) and states

"I did it, I shot the <blank> dead!"

Yep, I'm looking right back at the mother on this one.

RSBM

"I did it, I shot the <blank> dead!"


He sure sounds PROUD of his actions.

 

[fred&edna]

Attorneys for Abby Zwerner, NNPS reach agreements in ongoing court case

Now, after the juggling, many agreements were met, including a stipulation saying that no first-grade teacher should expect to be shot while at school.

“The fact that we’ve stipulated that no school teacher should expect to be shot at school by a student goes directly to the issue that the judge will have to decide, which is whether it is an actual risk of a school teacher in Newport News, a Newport News school teacher, to have this sort of injury or have this sort of circumstance happen at work,” said Kevin Biniazan, one of Zwerner’s attorneys. “So an expectation goes directly to the issue, the legal issue of an actual risk and that’s why it’s a significant stipulation.”

“The issue here is that if a defendant can come into court after something like this happening for the first time and say, this is worker’s compensation,” Biniazan said. “You don’t get a right to pursue your only legal action then that changes the legal rights of everybody in the Commonwealth of Virginia, may even change the legal rights of everyone throughout the country.”

In a statement the defense said, “If this is a workplace injury and worker’s compensation applies, as we believe it does, the case ends there and Ms. Zwerner would still be entitled to worker’s compensation benefits, which include up to 500 weeks of compensation as well as lifetime medical benefits. If not, the case proceeds and the stipulation would no longer apply for further proceedings.”


Back at the end of May the defense attorneys claimed...

"Attorneys representing the former assistant principal of Richneck Elementary School are asking a judge to dismiss the lawsuit filed against her and other educators by a teacher who was shot by a 6-year-old student. The attorneys argue that the teacher was shot in the course of doing her job, so her injuries should be covered by Virginia’s Workers’ Compensation Act"

Allegedly warned about student with gun, Richneck admin asks judge to dismiss lawsuit

NEWPORT NEWS, Va. (WAVY) – Attorneys representing the former assistant principal of Richneck Elementary School are asking a judge to dismiss the lawsuit filed against her and other educators by a t…

www.wavy.com

Bottom line... if the defense agreed (BBM above) How is worker's comp applicable??