The state Board of Education has upheld the county school board's decision to suspend a student who chewed a pastry into the shape of a gun.

The state board found then-7-year-old Josh Welch had a history of behavioral problems in the school system. He was suspended for two days in March 2013 after the pastry incident at Park Elementary School in Brooklyn Park.

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"Look, I made a gun," the boy allegedly said, according to the document.

His parents appealed the suspension to the superintendent and then to the Anne Arundel County Board of Education. After both parties upheld the suspension, the boy's parents went to the state Board of Education.

In a decision issued Feb. 24, the state backed the county board's decision.

"It's a validation that the truth of what happened has prevailed over the theatrics," said schools spokesman Bob Mosier.

The family's lawyer, Robin Ficker, maintained the school had a bias against guns, which was the basis of the suspension. The incident happened just a few months after the shooting at Sandy Hook Elementary School in Newtown, Connecticut, where 26 students and staff members were killed.

Josh's story received national attention and has inspired bills in Florida and Texas prohibiting schools from punishing children who draw or play with gunlike figures before a certain age. Josh has a lifetime membership to the National Rifle Association, which was given to him as a gift from a state legislator.

The state Board of Education dismissed Ficker's contention, saying a bias against guns is not an argument about due process.

"This case has always been about a student who has a long history of discipline issues," Mosier said.

Josh has since transferred from Park Elementary.

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