Published March 15, 2013
The father of a 7-year-old Maryland boy who was suspended for shaping a pastry into a gun has filed a formal appeal of his son's punishment.
William "B.J." Welch is asking officials at Park Elementary School in Baltimore to remove the offense from the second-grader’s records, according to the Washington Post.
"The chewed pastry was not capable of harming anybody, even if thrown,” said the appeal, which was filed with the school Thursday and obtained by the Post. “It could not fire any missile whatsoever."
Welch's son was suspended earlier this month after his teacher accused him of chewing his breakfast pastry into the shape of a gun. The second-grader aimed the pastry at fellow students, according to the Post.
In the appeal, Welch disputed the school's claim that his son's actions resulted in a classroom disruption, arguing that the incident occurred during a breakfast period and other students understood the pastry was not a gun, the Post reported.
A school spokesman declined a request for comment from the Post, citing confidentiality laws.
Last week, a Maryland lawmaker introduced legislation that would prohibit schools from suspending students for seemingly harmless childish acts, such as playing games with fingers pointed like guns or chewing food into the shape of a firearm.
Republican Sen. J.B. Jennings told the Star Democrat that the bill would prevent minor incidents, such as the pastry 'gun' suspension, from being entered into a students' permanent academic record.
He told the paper the legislation includes counseling and disciplinary procedures for school administrators who violate the guidelines on school punishments.