They were terrified of getting sued by the kids parents. Some admin are so scared of this they will not handle any issue. Ironically they’re now going to get sued into the ground by the teacher who could have been killed because they were so unwilling to do anything that would protect her and the students but upset the boy’s negligent parents |
Just because the school gets sued doesn’t mean there is a case. Workers comp is the exclusive remedy for injuries that occur in the workplace and I’m sure the school is going to accept her claim. |
I wonder if they’d threatened before. We have a family like that at our school. Kid is out of control, takes multiple staff to control but they refuse placement changes and threaten. |
Are you serious? Of course there’s a case. The school admin were literally told that the child had a gun at school yet failed to act. |
NP here. There has to be a history here, a reason why. Something must have happened in the past that caused what everyone says is a wonderful and experienced teacher to not just immediately look. She wanted to, and went to admin several times that day. And remember, the week before he had brought in bullets. So we don't know the full history or what would have caused all these teachers who knew something was wrong and went to ask for permission. There must be some pre-existing policy, some threat made (they must have thought they would be fired). With what facts that have been presented, it seems to me that right before the teacher was shot that she was actually trying to confiscate the gun. There was some sort of confrontation, and I have read she was trying to take the gun. I assume the teacher finally decided she was making her own executive decision and either searched his pockets, told him to empty the pockets, told him to give it to her, etc. None of the teachers are at fault here. None. |
Teacher can file a separate lawsuit, outside of a workman's comp claim, due to her injuries being a result of the gross negligence and willful misconduct of her employer, which the injuries were. |
And just how does that take it out of workers’ comp? |
Not an exception in VA. |
What happens to children like the 6 year old in this situation? Are they institutionalized for the remainder of their youth? |
It's an exception to qualified immunity for school officials https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-220.1:2/ |
There is an exception for the employer not following federal law. In Virginia, I would assume this school is a within the Gun Free Zone. Here we have school administrators, who were told on at least 4 occasions by 4 different employees that a 6 year old had a gun in his possession and that he made threats with it. It would be reasonable to the average person to assume, based on the limited information that has been made public, that a person would have taken action that is required under federal law. But the admin did not nothing, over and over again. Not once, not twice, not three times, at least 4 times. Workmans comp is for when you slip and fall from water on the ground from a leaking ceiling, etc. It is not a carte blanche to allow employers to willfully, and grossfully negligently and purposefully break the law. Period. |
Depends on the underlying disability. For some, it can be a group home or institutional setting for life. |
News reported it's very, very rare for a child under age 7 to be charged with anything. Time will tell. I certainly hope the prosecution is building a strong case with a long track record of his behavior fully documented. This certainly does not seem like a case of a kid not understanding the repercussions of his actions. |
Not sure what would be best for this kid but certainly no 6 year old anywhere has the understanding of an adult. They just don't. Yes, they know rules and right-and-wrong and that they shouldn't hit, kick, bite, or shoot people. But kids do all sorts of things they aren't supposed to, and they don't exactly know the severity of the difference. |
Did I read that article correctly that they haven't been in school since the shooting and won't go back until next week?
That's even more appalling! I would have assumed a day or two off, but then get the kids and teachers back on campus with therapists and social workers. Instead all of the famlies in the school had to handle helping their children on their own, not to mention three weeks of childcare for those that work? |