NEWPORT NEWS, V.A. (WAVY) — The lawyer for a Virginia first-grade teacher who was shot by one of her students on Jan. 6 on Wednesday announced plans for a lawsuit against Newport News Public Schools.

Lawyer Diane Toscano said at a new conference that she had sent a notice of intent to file a lasuit to the Newport News School Board on behalf of Abby Zwerner.

Toscano said she communicates daily with Zwerner, who is recovering at home.

Zwerner was teaching a class at Richneck Elementary School when police said she was shot and critically wounded by the 6-year-old boy. Zwerner was released from Riverside Regional Medical Center last week after showing signs of continued improvement, the hospital confirmed to Nexstar’s WAVY.

However Toscano said Zwerner has a long road to recovery and that her “psychological wounds” will be long-lasting.

She also said the bullet that hit Zwerner in her chest remains “dangerously” inside her body and that Zwerner is between surgeries and therapy appointments.

According to Toscano, Zwerner and the other teachers at Richneck Elementary School tried to do the right thing on the day of the shooting. Over the course of the day, Toscano said the school’s administration was warned three times by teachers and employees that the 6-year-old might have had a gun.

The first incident occurred between 11:15 a.m. and 11:30 a.m. when Zwerner went to a school administrator and said the 6-year-old had threatened to beat up another child. Toscano said the school administration did not call security or remove the student from the classroom after the incident.

At about 12:30 p.m., another teacher went to a school administrator and told them she had searched the backpack of the 6-year-old, who at the time was rumored to have brought a gun to school, Toscano said.

The teacher then told the administrator that she thought the 6-year-old had put the gun in his pocket before going out to recess. The administrator then downplayed the report from the teacher saying, “Well, he has little pockets,” Toscano said.

Toscano said a third warning came shortly after 1 p.m. when another teacher told administrators that one of the students began crying, claiming that the 6-year-old showed him the gun at recess and threatened to shoot him if he told anyone.

Toscano claims the administrators did not follow the necessary safety protocols and did not call the police after the teachers raised concerns.

When a fourth employee heard about a possible weapon, he asked an administrator for permission to search the boy but was denied. Toscano said administrators then told that employee to wait the situation out because the school day was almost over.

Almost an hour later, Zwerner was shot in her classroom by the 6-year-old, Toscano said.

Toscano ended the news conference by alleging that the shooting would have been “entirely preventable” if the school’s administrators had taken action when they learned that the boy might have had a gun.

The parents of the child accused in this incident issued a statement last week, claiming the firearm the boy accessed was secured and that they have “always been committed to responsible gun ownership and keeping firearms out of the reach of children.”

There is no information yet on how the boy got access to the weapon.

It is unlikely the first-grader will face charges because of his age, and no charges have been filed against his parents. The investigation is ongoing.

Richneck Elementary School has been closed since the shooting, but students are scheduled to return to class on Monday.