School Board Blocks Kid's Return to Elementary School

Second-grader may have to finish out his one-year suspension for having a toy gun in his backpack

Samuel Burgos can't wait to go back to school, but it looks like the 8-year-old will still have to serve out the remainder of his one year suspension for bringing a toy plastic gun to school.

Broward School Board members met for the third time on the issue Tuesday and despite rule changes that would allow them to give Burgos a lesser suspension, the board has decided it's best the second grader continue to stay at home.

“This is absurd. My child has been out of school almost a year and now to have this delayed again," said Sam's father, Magdiel Burgos. "This doesn’t make any sense.”

Burgos was suspended in November 2009 after he brought a toy gun to Pembroke Pines Charter School. His parents said he had used the book bag for a sleepover, where he had taken the toy gun. Investigators have said the boy never took the gun out of his backpack or wielded it like a real weapon.

But in the Broward School Board's eyes, a toy gun is still a weapon and that requires a mandatory calender year suspension, which means Burgos effectively misses large parts of two school years.

After about an hour of discussion Tuesday, the School Board told the Burgos family to come back next Tuesday for potentially their final verdict. By that time, Burgos will have served almost all of his year-long suspension.

Several school board members, including Superintendent Jim Notter, have said they are in favor of reviewing the rule, but a change already made in April would have prevented children like Burgos from being unfairly punished for bringing a toy to school.

An amendment to the School Board's weapons policy states that if an elementary school student brings what is considered a toy gun to school, the school board has the discretion to punish the child for a time shorter than a year.

That rule change, however, won't help Burgos, although it was likely changed because of his predicament. He has been home-schooled since being expelled, but he will likely have to be left back a grade to catch up to his peers.

"We are going to have to go back and revisit this policy to make sure no child is unfairly punished," Notter said after the meeting. "We are going to take a second look at this, but that doesn't mean we are going to vote to change anything."

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