Nearly a month after Houston ISD eighth-grader Landon Payton’s death, district leaders remain tight-lipped about how Marshall Middle School staff responded to the teen’s “medical emergency” on campus, though they have announced new safety protocols following the incident.

HISD leaders have refused to comment on whether district staff took correct life-saving steps — including using an automated external defibrillator, which can treat cases of potential cardiac arrest — in the crucial minutes after Landon collapsed during gym class on Aug. 14. In recent days, HISD also has sought to withhold documents related to the incident requested by the Houston Landing. 

The district’s silence leaves key questions unanswered about the minutes that followed the 14-year-old boy’s collapse. Landon was pronounced dead at a nearby hospital about an hour later.

Chris Tritico, a lawyer representing Landon’s family, and leaders of the district’s largest employee unions have questioned whether Marshall Middle staff had access to a functioning AED.

HISD leaders have said every school had at least one working AED as of Aug. 1, but district administrators have not said whether Marshall Middle employees used one to try to save Landon’s life. The district declined to respond in detail to questions for this story.

“I would think that HISD has a duty to their families and their students who are attending their schools to update them on how this happened, why it happened and what they are doing to ensure that it never happens again,” Tritico said.

In the days following Landon’s death, the Landing filed nine records requests to HISD. The documents sought included:

• The typically public portion of the district police department’s incident report, which details a brief narrative of the event.
• HISD’s contracts with companies providing and servicing AEDs in the district.
• Marshall Middle’s medical emergency response plans, which are required under district policy.
• Email and text communications between two Marshall Middle staff members who may have been involved in maintaining AEDs.

HISD asked the Texas Attorney General’s office for permission to keep the records private, largely citing an exemption that allows government agencies to withhold records ahead of a potential lawsuit. Tritico said the family is waiting on autopsy results to decide whether to file a lawsuit against HISD.

District officials also cited “terrorism” as a reason for withholding some of the records, including the email and text communications, medical emergency response plans and AED contracts. Texas law allows government agencies to withhold records on terrorism-related grounds if the records relate to the agency’s tactical plans or would give information about their vulnerabilities to outside threats. Other Houston-area agencies have cited the same exemption, prompting some open records advocates to question the validity of the claim.

Houston Fire Department records obtained by the Landing show emergency responders deployed their own AED about 10 minutes after a Marshall Middle staff member called 911, but they do not indicate whether school staff used a device kept on campus in the meantime.

Tritico said he isn’t surprised by HISD’s approach to the records requests. He believes the Attorney General’s office likely will agree that HISD is not legally bound to release the records, because he has said publicly that he and the Payton family will consider legal action.

“I really don’t expect someone who is a potential defendant in a lawsuit to be forthcoming,” Tritico said.

Strengthening safety measures

Meanwhile, in the weeks since the tragedy, HISD administrators have announced plans to double down on safety protocols related to AEDs. 

In an early September presentation to an advisory committee of employees and community members, HISD said it now will require each campus to maintain two working devices, rather than one, and it will add training on AED protocols for all staff members to complete before next school year.

District administrators also told committee members they’re working to fill roughly 20 open school nurse positions. They have identified a pool of registered nurses who are CPR and AED certified and have at least one year of relevant experience for principals to hire.

“Health and safety at HISD … is a very important topic, something that HISD takes incredibly seriously all the time,” Public Affairs and Communications Chief Alex Elizondo said at the meeting. “I know because of the recent events at Marshall Middle School, it’s even more on top of mind of parents in our community.”

Outside inspectors check all of HISD’s AEDs annually, the district has said. As of Aug. 18, four days after Landon’s death, HISD reported that 868 out of 1,038 devices were working properly and all schools had at least one operable device.

The renewed focus on student safety in the wake of the incident at Marshall Middle comes too late for Landon’s family members, who have spent the last month grieving for the 14-year-old, Tritico said. 

“If Landon’s death prevents this from ever happening again, then good,” Tritico said. “But that’s little solace to this family.”

Asher Lehrer-Small covers Houston ISD for the Landing. Reach him at asher@houstonlanding.org.

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