Back in March, I wrote about second grader Josh Welch who attends Park Elementary School in Baltimore. He was at school eating a toaster pastry with the idea of making it look like a mountain. According to Josh:
“It was already a rectangle. I just kept on biting it and biting it and tore off the top of it and kind of looked like a gun, but it wasn’t.”
However, a teacher saw the pastry and claimed that Josh intentionally made it look like a gun. We all know how deadly toaster pastries in the shape of a gun can be, so before Josh could terrorize the whole school, the teacher dragged him off to the principal’s office. The principal didn’t believe Josh either and suspended him for 2 days.
The family tried to talk to the school administrators about the incident, but they would not relinquish their stand against their number one enemy. That’s when Josh’s parents retained the services of attorney Robin Ficker.
Ficker filed a formal request with school officials to get the whole incident expunged from Josh’s school records, but they were adamant that the seven year old is a wanton terrorist and refused to remove the suspension from his records. On Monday, he received a letter from an agent of the school superintendent informing him that the request had been denied. The next step, according to FIcker is to take the request for expunging Josh’s record to the Anne Arundel County School Board, which he plans to do.
Referring to the case, Ficker said:
“If this school can’t educate a seven-year-old without putting him out of school, how are they going to deal with 17-year-olds?”
Josh’s case has drawn national attention. The NRA gave Josh a lifetime membership worth about $550. Maryland State Senator J.B. Jennings, who represents the Baltimore district, tried to introduce a piece of legislation that would stop the outrageous bullying by school officials. Known as The Reasonable School Discipline Act of 1013, unfortunately failed to get any attention is the state legislature.
If the county school board fails to clear Josh’s record, I hope Ficker files a lawsuit with the courts and continues to fight for Josh as long as it takes. If it goes that far, one of the first questions I would ask a judge or a jury is what kind of damage can a toaster pastry gun inflict on the student body of the school? That question alone should be enough to win Josh’s case and get the incident and suspension expunged from his school records.