Louisiana attorney general investigates case of 4th-grader suspended over BB gun in virtual classroom

Some students return to school for in-person classes as more kids test positive for COVID-19

Louisiana's attorney general announced on Friday he has launched an investigation into a case of a fourth-grader from Jefferson Parish who was not allowed to attend school for six days for having a BB gun in his bedroom, where he was attending online school.

"I am alarmed by what appears to not only be multiple violations of both the State and Federal Constitutions, but also blatant government overreach by the school system," Attorney General Jeff Landry said in a press release, calling it an "egregious incident."

"I have begun investigating this matter and plan to take action in defense of this young man and his family and all families who could suffer the same invasion of their homes and constitutional rights."    

"For anyone to conclude that a student's home is now school property because of connectivity through video conferencing is absurd," he added.

Ka Mauri Harrison returned back to school on Thursday – virtually – after he was suspended this month over the BB gun, which was visible on his class' video conference for a "split second," his dad said.  Nyron Harrison

The announcement came after Ka Mauri Harrison returned back to school on Thursday – virtually – after he was suspended this month over the BB gun, which was visible on his class' video conference for a "split second," said Ka Mauri's father, Nyron Harrison, CBS New Orleans affiliate WWL-TV reports. 

The nine-year-old was taking a test in his bedroom earlier this month when his brother walked in carrying the BB gun, WWL-TV reports. The boy picked up the BB gun when it fell, and put it next to his seat, where it was apparently visible on his class' video conference. 

Ka Mauri's teacher filed a behavior report, saying he "presented a weapon that appeared to be a rifle/shotgun during his Google Meets classroom session," which is a violation of the school's weapons and internet usage policy. The report said he would be recommended for expulsion, per the school district's policy, WWL-TV reports. 

While school officials agreed the boy did not point the gun at the computer, the school system maintains its on-campus policies are in effect for distance learning, the family's lawyer said, according to WWL-TV. 

Ka Mauri received a six-day suspension. "They just went ahead and went along with it and blew it out of proportion," Ka Mauri's dad told the station.

Harrison said he worries how this incident will affect his son's future. "This outcome is going to follow him through the rest of his life, and that's what's not allowing me to accept their decision," he said.

Attorney General Landry said it was "ludicrous" to punish this "All-American" kid and said the school and school board "deprived" the boy of "six days of educational instruction" – "just the start of the damage done to him and his family."

"My office and I will take a deep dive into all the irreparable harm caused by this egregious incident and take appropriate actions," he said.

According to WWL-TV, the Jefferson Parish Public School System said it does not comment on individual students and their records. The school system said teachers and administrators are allowed to use "reasonable discipline to keep order." 

CBS News has reached out to Jefferson Parish Public School System and Woodmere Elementary for comment and is awaiting response. 

Chelsea Berner Cusimano, the Harrison family's attorney, said the situation was "grossly mishandled," and that school officials should reconsider keeping the suspension on Ka Mauri's record, since the incident happened at home.

She also said a lawsuit is not out of the question if the suspension is not removed from his record. 

CBS News has reached out to the Harrison family for more information.

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