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Student Expelled For Toy Gun Reinstated

PEMBROKE PINES (CBS4) - Karen Burgos spent part of Tuesday wiping away tears of joy. For the last 11 months, her seven-year-old Samuel had been home schooled after being expelled for bringing a plastic toy gun to school. But Tuesday she got the news she was hoping to receive for nearly a year.

"I'm happy because my son is going back to school," Karen said. "I'm crying because I've been sad the whole year."

Samuel was expelled from Pembroke Pines Charter School after he was found to have a toy gun in his backpack. Samuel's parents said he didn't even realize he had the toy in his backpack; it was left over from a weekend of playing war in the backyard with his brother.

But Broward County's zero tolerance policy doesn't differentiate between toys and real guns. Samuel's was considered a Class A weapon because it once had the capability to fire pellets. It doesn't work now and the Burgos family said it didn't work when Samuel brought it to school.

The procedure for appealing the ordeal took 11 months. After some thought, Broward County Superintendent Jim Notter reversed the expulsion. He issued a statement saying the reversal is "in the best interest of the student to conclude these proceedings in this manner."

The district told CBS4's David Sutta they have made changes in their policy to reflect state law. A student carrying a toy weapon on campus should now be looking at 10 days suspension rather than an expulsion.

Karen said she was simply doing the best she could as a mom to get the policy changed. She's been tutoring Sam for 11 months, but he's ready to get back to his teachers and friends. She told Sutta Sam will find out the news "with a big hug."

Karen said Sam may go back to school as early as tomorrow or perhaps next week. She said the main thing now is getting her son readjusted after being out of school for almost a year.

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