A 10-year-old Montgomery boy's parents are suing their son's school district after he "threatened" to blow up his school.

In September, Brian Cuff wrote in a school project about "blowing up the school with all the teachers in it." Berea Elementary officials gave the fifth-grader five days out-of-school suspension and one day in-school suspension.

The boy's father, Billy Cuff, has decided to sue the Valley Central School District after it refused to wipe his son's record clean. Cuff said the punishment was too harsh for a student who had a track record of achievement.

"Believe me, I'm not taking away from what he wrote," Cuff said. "What he wrote was wrong. There's no question ? but it was a joke."The school district would not comment on the case, saying it has yet to be served with legal papers.

The family's attorney said the issue was a free-speech case. The suit seeks damages and attorney's fees, but mainly the Cuffs want their son's record wiped clean.