From the looks of it, he didn't have a spork, but one of the folding blade knife/fork/spoon type pocketknives. That's what he's holding, and that's what the article talks about. A spork is a plastic utensil that has limited ability to cut with.

The tool the kid had, which was not a spork, unfortunately can inflict some damage, and would probably violate weapons policies at most public schools. For a six year old, a tool with a sharp metal blade should probably only be used and possessed under supervision and within proper context. As I recall we were never allowed to have knives at school when I was a kid, and that was in a pretty rural setting.

However, that does not validate the school's zero tolerance policy with regard to issuing an automatic suspension. In my day, if the teacher caught us with a pocketknife (which almost always meant we had it out at school instead of keeping it put away like we should've been), the teacher would just confiscate it and maybe we got it back at the end of the year, or maybe we got our parents to come get it if it was something special and took our beating when we got home and didn't see the knife for a year or so anyways because dad was pissed. In any case, a 45 day suspension for a 6 year old in this context is unwarranted and inappropriate. Such policies abrogate good sense and villify an otherwise decent kid.
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The ultimate result of shielding men from the effects of folly is to fill the world with fools.
-- Herbert Spencer, English Philosopher (1820-1903)