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Student Expelled For Toy Gun Back In Class

PEMBROKE PINES (CBS4) - Monday was a big day for eight year old Samuel Burgos.

"Good.  It feels nervous and stuff."

After meeting with the principal and his teacher, Samuel was back with his classmates at Pembroke Pines Elementary Charter School.

"I feel happy today! It's like a new day. He's comfortable he's with his old teacher," said Samuel's mother Karen.

"It's been a while. Mom is home with him all day, no kids to play with. So it's been a while. He's looking forward to this," said Magdiel Burgos, Samuel's dad.

Samuel was expelled from the school nearly a year ago after a toy gun was found in his backpack. Samuel's parents said he didn't 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.

"Zero tolerance doesn't mean no common sense. We need to look at facts and see what transpired here. These children can't be treated this way," said Magdiel.

Last week, after giving it some thought, Broward County Superintendent Jim Notter agreed and 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 county's school district said they have made changes to 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.

In the end, Samuel said he's learned a valuable lesson the hard way.

"Don't bring guns in school."

CBS4's Sharrie Williams contributed to this report

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