A new hearing has been set in the case of the Anne Arundel County boy suspended from school after he chewed his Pop-Tart-like pastry into the shape of a gun, according to the family’s lawyer.
The case had been set for a hearing Dec.10, but was delayed last week as snowy weather led to school closings around the region. It is now rescheduled for Feb. 7, said Robin Ficker, the family’s lawyer.
The new date comes about 11 months after the incident in March. The boy, then 7 years old and at Park Elementary School, is now 8 and in third grade at a different Anne Arundel county public school after a family move.
He has already served a suspension, but Ficker has been requesting the child’s school records be cleared of the incident. Ficker contends the boy was playing, and that there is no need to “brand” him with a gun-related incident for the rest of his school life.
“We are going to take it forward until we get the desired result, which is to have his record expunged,” Ficker said Tuesday.
Anne Arundel schools spokesman Bob Mosier said in an e-mail Tuesday he had no comment. Student confidentiality laws generally do not allow officials to discuss specific cases. Previous appeals of the matter have been turned down.
The case, which attracted national attention, came 11 weeks after last year’s mass shooting at Sandy Hook Elementary School in Newtown, Conn., at a time of heightened sensitivities about guns. Other young children in the Washington area and beyond were also suspended for pointing fingers like guns, talking about guns and having toy guns.