Parents file lawsuit after kindergartner expelled for wearing earring

COLORADO SPRINGS, Colorado (WPVI) -- A five-year-old boy is facing punishment from his school, and his parents are filing a lawsuit to stop it.

The kindergartner is set to be expelled from his Colorado Springs Charter School over what the school deems a repeated violation of its dress code.

The violation is that the five-year-old wears a single stud earring.

School policy allows earrings for girls, but not for boys.

This is a rule his parents call clearly discriminatory, and now they're filing a lawsuit.

The family says they are not seeking monetary damages, but merely want the policy changed, and for their son to stay in school.

The school maintains its stance, saying the family was aware of the policy before enrolling, and even signed the student handbook where the rule is written.