A Virginia middle school student received a 364-day suspension last September , after officials said they found him with a marijuana leaf . However , the 11-year-old 's teacher parents , Bruce and Linda Bays , have said that three field tests proved their son did not have a leaf from the plant . A Virginia middle school student received a 364-day suspension last September , after school officials said they found him with a marijuana leaf . Speaking to the Roanoke Times , the Bays said there are varying accounts of the September 22 incident involving their son , identified as R.M.B . The couple said they 'd heard the boy , who at the time was enrolled in Bedford Middle School 's gifted and talented program , had displayed the leaf in a school bathroom , in his homeroom in another account , and while riding the school bus in yet another version . An assistant principal later searched the boy 's backpack and pulled out both a lighter and a leaf , before he asked a school resource officer - who is a deputy for the sheriff 's office - to step in , according to the newspaper . Linda Bays told the Roanoke Times ' I asked , `` Can I see the leaf ? '' and the deputy said , `` No , it ’ s already in evidence . '' We have never seen the leaf . He ’ s been out of school for six months . ' R.M.B . received an immediate ten-day suspension , before the nearly year-long suspension was issued during a September administrative hearing , the newspaper reported . The Bays told the Roanoke Times that at a November juvenile court hearing , they found out about the leaf 's multiple negative test results - and that a prosecutor planned to drop their son 's marijuana possession charge . Linda Bays told the newspaper ' I immediately sent a letter to [ the school 's operations chief Dr. Frederick Duis ] requesting a new hearing , ' and claimed he told her 'The court system and the school system were two different entities . ' The Roanoke Times reported that the couple has sued both the school district and the sheriff 's office , claiming school officials violated their son 's constitutional due process rights and that the sheriff 's office committed malicious prosecution . The Bays told the Roanoke Times their son is being treated by a psychiatrist for depression and panic attacks , and is now anxious regarding being in public . Attorney Jim Guynn , who 's representing both defendants , told the newspaper that the resource officer thought the leaf was from a marijuana plant . 'It ’ s the same punishment and exactly the same result , ' Guynn told the Roanoke Times regarding how the school deals with fake drugs and real ones identically . The Bays told the newspaper that their son 's denied any wrongdoing multiple times . Linda Bays told the Roanoke Times 'Why would you want an 11-year-old gifted-and-talented student out of school for 364 days ? ' Incident : 11-year-old R.M.B . was a gifted and talented student at Bedford Middle School , pictured , when he allegedly displayed the leaf .
A Virginia middle school student received a 364-day suspension last September , after officials said they found him with a marijuana leaf . However , the 11-year-old 's parents have said that three field tests proved their son did not have a leaf from the plant . The couple has said their son now has panic attacks and depression . The Bays have also sued both the school district and the sheriff 's office .