James O v. Marston was a class action litigation filed on behalf of “all educationally handicapped students in New Hampshire who arc or were placed in a facility pursuant to proceedings under New Hampshire RSA 169-B, 169-C, or 169-D, and who arc not receiving, or did not receive a free appropriate public education”.
This action was filed under 42 U.S.C. §1983 to secure rights guaranteed by the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. Plaintiffs claim that Defendants have failed to take adequate steps to ensure that students who are or may be educationally disabled and who are placed pursuant to New Hampshire RSA 169-B (Juvenile Delinquency), 169-C (Neglect and Abuse), or 169-D (Children in Need of Services) receive a free appropriate public education and the procedural protections provided by Federal and State law.
The case was settled in 1991, ensuring children with disabilities who are placed in a facility under NH’s juvenile laws receive appropriate special education and related services.
2000 Stipulation Regarding Continuation of James O. Consent Decree and Corrective Action Plan