This is our story. But we are not alone. Thousands of families across Texas are navigating similar risks without the enforcement tools needed to protect their children when plans fail.

My son, Landon who is 4 years old, has mitochondrial disease, a progressive, energy-related disorder that makes him especially vulnerable to stress, illness, and exertion. His medical needs were documented in his Emergency Health Plan and an Asthma Action Plan. The school staff were trained and his plan was implemented in his IEP. 

His Asthma Action Plan clearly stated cough as a ‘Yellow Zone,’ requiring that he be taken to the nurse, given his rescue inhaler, and his parents notified.

Staff reported that at 8:30 am he only coughed twice and he was given water. In contrast, Landon reported that he continued coughing throughout the day, yet no further action was taken. There was no nurse visit, no inhaler administration, and no call home.

At dismissal, while still on campus, Landon required his rescue inhaler (administered by his parent) due to persistent coughing and was also noted to be dragging his right leg, favoring weight on his left leg and in pain. 

When his symptoms did not improve, he was taken directly to urgent care after school, where he was diagnosed with Moderate Persistent Asthma and a right leg hairline fracture. Within 24 hours he was hospitalized, and by 36 hours of leaving school, he was LifeFlighted and deemed ‘Risk of Death' due to Status Asthmaticus and Acute Respiratory Failure. 

This event significantly exacerbated his underlying condition of Mitochondrial Disease, resulting in stroke-like episodes/Dystonia and severe functional regression. Landon required intensive Inpatient and Outpatient Physical, Occupational, Speech and Feeding Therapy at Memorial Hermann TIRR Rehabilitation where he has received services since his hospitalization. 

Every day, medically complex children enter public schools across Texas with carefully developed health plans in place and in Landons case, staff were trained. But when symptoms arise, those plans are too often overlooked  and children are put at risk. Yet when it matters most, critical actions are sometimes missed. And children suffer.

Landon is one of those children.

Why We Need Landon’s Law

Every week in Texas, children with asthma, seizures, diabetes, and other medical complexities depend on plans that too often sit in a binder instead of being followed in practice. 

Texas currently lacks a statewide system to ensure that Emergency Health Plans (EHPs) and Individualized Healthcare Plans (IHPs) are consistently followed and enforced. While federal laws like the ADA, IDEA, and Section 504 protect medically complex students, there is often no formal process for investigating or correcting failures to act even when serious harm results

Landon’s Law would change that.

We Are Calling for the Following Protections:

1. Mandatory Enforcement of Emergency Plans

Schools must be legally required to follow Emergency Health Plans and IHPs  with documented training, implementation protocols, and accountability.

2. Medical Staffing Requirements

If a student has a documented life-threatening condition, a licensed nurse or trained medical staff must be present on campus when the child is in attendance.

3. Protection from Retaliation

Parents and educators must be protected from retaliation of any kind including exclusion of children, disciplinary action, or employment consequences when they advocate for medical safety.

4. ARD/504 Oversight for Medical Needs

All ARD and 504 meetings must include:

Review of the EHP/IHP
Clear role assignments for staff
Emergency symptom protocols
Backup plans (contingencies)
A review of who is trained and how often

📊 

The Facts

-Over 30% of Texas schools operate without a full-time nurse (National School Nurse Association, 2022).

-Children with mitochondrial disease can experience sudden and severe metabolic crashes, especially when early symptoms like coughing are ignored (MitoAction, 2024).

-There is currently no clear state-level enforcement mechanism in Texas to ensure compliance with Emergency Health Plans even when documented noncompliance results in serious harm.

-Texas ranks near the bottom nationally in nurse-to-student ratios, leaving medically fragile students especially at risk.

What’s at Stake

“I never imagined I’d be reprimanded, not protected, for trying to keep my son alive.”

– Kim Garcia, parent advocate and former district employee

This isn’t just about Landon.

This is about every child with complex needs, every parent who’s been ignored, and every teacher too afraid to speak up.

Landon’s Law is how we stop this from happening again.

✅ Call to Action: 

Sign this petition if you believe every medically complex child deserves to be safe at school. Emergency Health Plans should be more than paper, they should be implemented.

Parents who advocate for their children should be protected, not punished.
Landon’s story should never be repeated.

✍️ Your signature is one more voice they can’t ignore.

Let’s turn pain into policy.

Let’s pass Landon’s Law. The next missed plan could be another child’s last chance. Let’s make sure Landon’s story leads to change.

Link to Reel to see his this PICU hospitalization: https://www.facebook.com/share/r/16jsyTwMig/?mibextid=wwXIfr

*This petition reflects our personal experience and is part of a broader advocacy effort to improve school safety for medically complex children. This petition does not replace or waive any legal claims related to our family’s experience.