A 9-year-old boy suspended for shaping his Pop-Tart into the form of a gun is trying to clear his name.
Josh Welch was suspended from Park Elementary School in Anne Arundel County for two days last year after the incident.
His father, BJ Welch, called the suspension outrageous and the family is trying to get the 9-year-old’s record cleared.
At a hearing to determine whether the incident would be wiped from the boy’s record, his teachers said the “Pop-Tart gun” wasn’t the only action that led to the suspension.
Teachers told the court the boy was disruptive on a daily basis, made gun noises and threatened other students.
BJ Welch that was the first time he heard allegations of disruptive and threatening behavior.
"I don't think he was suspended because he was being rowdy. I think he was suspended because of the sensitive nature of the topic,” BJ Welch said of his son.
A hearing officer will make a recommendation to the school board. The board will then decide whether or not to remove the suspension from the 9-year-old’s record.