The incident involving 10-year-old student Johnny Jones occurred in October. Another classmate reportedly held up his folder like a gun and "shot" at Jones, prompting Jones to pretend his hands were a bow and arrow and "shoot" back.
The teacher was informed by another student, prompting the principal to call Jones' parents and give him a one-day, in-office suspension.
In the letter, the president of the Rutherford Institute said Jones was suspended because of a zero tolerance policy on weapons.
The letter notes the policy includes a code of conduct that "replicas" or "look-alike" weapons are also prohibited and require expulsion as well as police notification.
The institute, however, believes that no argument can be made that Jones' imagination represented a look-alike or replica, and that he was suspended without adequate justification.
They also feel that even if Jones violated a code of conduct, the school district's application of the policy was "unduly and unnecessarily punitive."
Since his suspension has already been served, Whitehead said they feel Jones' record should be cleared of the weapons violation so it won't affect his future.