I don't see what's wrong with the first pic?
Is the teacher/photographer supposed to take him out of his chair and sit him down on the bench? yeah, lay your hands on a young boy and watch what happens with lawyers.
Best way would have been to ask the parent what they would like done, but in this liberal world, that would incur wrath from a she beast that "why isn't my kid like everyone else? you best get my kid's damn name out yo mouth!"