Court of Appeals of Maryland Upholds “No Suspension” from School as Condition of Juvenile Probation

March 3, 2022
Court of Appeals of Maryland Upholds “No Suspension” from School as Condition of Juvenile Probation

On February 3, 2022, in In re S.F. the Court of Appeals of Maryland evaluated whether a child’s probation terms could require, as a condition, that the child not be suspended from school and upheld the ‘no-suspension” condition, finding that the lower court had not abused its discretion when it imposed it. Disability Rights Maryland, NDRN, Council of Parent Attorneys and Advocates (COPAA) and several Maryland disability organizations filed an amicus in support of plaintiff, arguing that the court should prohibit “no-suspension” conditions of probation because they unfairly impact students with disabilities and students of color, and are contrary to the rehabilitative purpose of juvenile probation.