Colorado Springs school threatens to expel 5-year-old boy for wearing earrings

COLORADO SPRINGS, Colo. (KRDO) -- A Colorado Springs mom is suing a local charter school after her 5-year-old son was threatened with expulsion for wearing earrings.

School officials at the Rocky Mountain Classical Academy have suspended the kindergartener twice in two weeks. They say they could expel him, stating he has willfully disobeyed the school dress code.

The family’s attorney, Igor Raykin, argues civil rights laws should keep things like this from happening.

“We feel like this school is actually bullying this kid and his mom,” said Raykin.

The 5-year-old’s mother filed a federal civil rights lawsuit on Friday, claiming that the school violated the boy’s rights by not allowing him to wear earrings.

The school provided the following statement to KRDO:

The School will continue to insist that this family, like every other, obeys the RMCA dress code, which contributes towards the positive educational environment.

RMCA says the mother signed the handbook -- knowing those are the rules -- but then continued to bring her boy to school with earrings.

Raykin says that’s no reason to kick him out.

“That’s irrelevant. A school can’t just create whatever discriminatory policy it wants, and then say ‘well, you signed the paperwork, you have to live by it,” he says.

He says the charter school still has to follow the laws.

He's highlighting two of them -- the 14th amendment, which states everyone should get equal protection under the law, and title IX, which prevents discrimination based on gender or sex in public schools.

Raykin says it’s still early in the fight, but he knows plenty of people will take their side.

“I’m sure there are many people out there who feel like, you know, boys should be able to wear earrings to school just like girls should be able to wear earrings to school,” he said.

The family has not yet gotten a court date. We’ll keep you updated on this story as more information becomes available.