An attorney for the family of an Anne Arundel County second-grader suspended from school for nibbling a pastry into the shape of a gun said Monday that a top school official has denied the appeal to have the boy's record expunged.
Robin Ficker, attorney for Park Elementary School student Josh Welch and his family, said he will now appeal to the county school board.
Josh Welch was suspended in March for two days after school officials accused him of shaping the pastry into the form of a gun and waving it around.
Last month, Ficker said he met with school officials in an attempt to have the suspension expunged, but no resolution was reached.
That sent the matter to Superintendent Kevin Maxwell. Ficker said Monday that he received a letter from a school official acting as the superintendent's designee who said the appeal request was denied.
Anne Arundel County schools spokesman Bob Mosier declined to comment on the matter.
Ficker said he has 30 days to appeal to the county school board and will likely do so this week.
"I've spoken to Mr. Welch, and we're definitely going to appeal to the board of education," said Ficker, referring to Josh's father, J.B. Welch. "If this school can't educate a 7-year-old without putting him out of school, how are they going to deal with 17-year-olds?"