Here's what I get from the update: The school says he called a teacher "fine" in a suggestive way. I don't think many people find that to be acceptable behavior. The mother also admits that his repeated name calling, which she says she did not know about, changes her understanding of the viability of his suspension.
What he did (on both counts) is against school policy. At every school I have worked with, policy manuals are reviewed with students at the beginning of the year, sent home to parents and a receipt of acceptance signed by parents and returned to the school. Then the policies are consistently reinforced and upheld in the daily school environment. Suspensions are not the first penalty applied for an offense, they are the last after all other lower level penalties have been applied and failed to change the behavior.
The 9 year old says he simply said the teacher was "cute". I personally doubt that. The mother also admitted that calling other students bad names is a game-changer (my word) and that she understands the need for his suspension, given his repeat offenses.
Although she says she did not know about those offenses (I doubt that too), she WOULD HAVE if she had simply conferenced with the school instead of calling the evening news. Bad choice for a parent, even if she DID authentically believe he was being falsely accused. What he learned from his mother's bad behavior reinforced his (probable) lying and showed him that all he has to do to get out of trouble and get the VICTIM in trouble instead is claim he's being persecuted and mom, WITHOUT QUESTION, will drop a nuclear bomb on anyone who "harms junior". So if there is any behavior disorder, conduct disorder, sociopathy, or psychological pathology going on with this kid, she has just STRENGTHENED it instead of helping him find ways to walk in this world within healthy boundaries.
You ask how I know about his past behavior. I know about his past behavior because his misguided mother put it in the news. We just read about it. It is now his "history". What happens from here will be strongly influential on what direction he takes.
Working with first time juvenile offenders, we learn that there are two strong predictors of whether early intervention in our program has much likelihood of preventing recidivism. One is whether the offender can feel regret for their offense. They cannot if they never accept they have done anything wrong. Moms that scream "my kid has done nothing wrong" make this impossible. Poor kids. The other predictor is..........drumroll.......the parents attitude about their child's offenses. Again, a parent cannot help a child develop appropriate boundaries if they cannot recognize them themselves. Poor kids again.
When you work with enough cases over enough years, you begin to spot which kids will most likely be in prisons eventually. Some of our kids are ministers, teachers, a school principle, child advocate attorney, etc. Their early experience as a first offender has been put to good use helping others. It's a beautiful thing to see. But, unfortunately, the majority don't end up that way. My worst grief in watching that over the years has been knowing that it is NOT the kid's fault in most cases; good, caring, nurturing, RESPONSIBLE parenting could have made the difference.
I HATE seeing cases like this. I fear for the long term outcome. I hope the best for this child. I hope it's also been a learning experience for his mother.