A seven year old student says he got suspended from school over breakfast.
According to him and his dad, a teacher said he turned his toaster pastry into a gun.
Academics are hard for josh who suffers from A.D.H.D., but he excels in art class.
But that creativity may have gotten josh into trouble at park elementary school, when he was munching on a breakfast pastry.
"It was already a rectangle and I just kept on biting it and biting it and tore off the top and it kinda looked like a gun but it wasn't." says Josh Welch, the student who was suspended.
Josh admits he was trying to shape it:
"All I was trying to do was turn it into a mountain but it didn’t look like a mountain really and it turned out to be a gun kinda."
When his teacher saw his strawberry tart... "She was pretty mad, and I think I was in big trouble."
Then Josh's dad was called.
B.J. Welch, Josh’s father, explains, "And she said that they had to suspend Josh for two days because he used his breakfast pastry and fashioned it as a gun."
School officials would not comment on the case, citing privacy reasons.
But Josh's dad says he was told his son also said the words, 'bang bang' while holding that breakfast pastry and that constituted a threat.
"I didn't say bang, bang, I just pointed up at the ceiling." Josh says.
A letter went home with students which explain the incident where "a student used food to make inappropriate gestures."
Reacting the situation, Josh’s father says, "I would almost call it insanity. I mean with all the potential issues that could be dealt with at school -- real threats, bullies, whatever the issue is. It's a pastry."
Now josh just wishes he could go back to class, and he wants his pastry back.