(Fox News) Ohio eighth grader Tyler Carlin, who was suspended for honoring fallen troops, appeared with his attorney on “Fox & Friends” Thursday after the school refused to apologize and expunge his record for including a “Nerf gun” in his school project.

“After he had started serving the suspension and we had some time to look into this, we said ‘this is ridiculous, can you make the suspension go away and apologize to Tyler for what you did and we’ll make this all go away’ and they refused to do that,” attorney Travis Faber said.

Carlin was recreating a “battle cross” monument for a Celina Middle School history project. He said his teacher knew all about it but administration officials suspended him for 3 days for bringing a toy gun on campus, which violated school policy.

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