A six-year-old boy who shot his teacher had a history of violent behaviour at school, it is claimed.
Lawyers for teacher Abby Zwerner, 25, accuse Richneck Elementary School in Newport News, Virginia, US, of failing to act on multiple occasions despite being told the student had a gun in his backpack on January 6.
Diane Toscano, the teacher's lawyer, is launching a claim against the school district along with two parents who claim their children have been left traumatised by the shooting.
Ms Zwerner's claim alleges she, along with three other teachers, warned the former school assistant principal Ebony Parker of the child's disturbing behaviour on the day of the shooting.
In addition, she claims Ebony Parker failed to act after she was first warned, between 11.15am and 11.30am.
Ms Zwerner was shot at 1.59pm by the pupil.
The teacher's injuries included a wounded hand and chest after the shooter brought in the gun from home.
A bullet remains lodged in her body, according to Ms Zwerner's lawyer.
The letter also claims the school were aware of the child's concerning behaviour in the past.
The child had been suspended the day before the shooting after he "slammed Ms. Zwerner's phone breaking it" and had "cursed at the guidance counsellors."
In the teacher's claim it states: "This school year, the shooter was put on a modified schedule in the fall of 2022 after the school year had started because he constantly cursed at the staff and teachers and then one day took off his belt on the playground and chased kids trying to whip them."
According to her claim, Ms Zwerner told the assistant principal the boy was in a "violent mood" and had already threatened to beat up a fellow pupil.
Ebony Parker was forced to resign from her position on January 25.
In one of the claims by the parents it is alleged the shooter bullied their child and "did not take reasonable and appropriate actions to protect" to protect them.
The pupil also witnessed the shooting, according to the claim.
While in a second claim, parents alleged their child was just meters away from the traumatic incident.
Ms Toscano said she is representing the student for "injuries sustained during the shooting."
Since the incident, the school has confirmed it will install metal detectors after Richneck Elementary School reopened to students on January 30.