In a ruling handed down this week, a federal judge refused to dismiss two wrongful death lawsuits against Amarillo Independent School District (AISD), allowing grieving families to pursue justice in the tragic deaths of two students. The lawsuits, filed by the families of Emerson Kate Cole and Jaxson Mendoza, allege that AISD staff failed to follow clearly documented emergency medical protocols — decisions that the families say cost the children their lives.
U.S. District Judge Lee Ann Reno ruled that the lawsuits presented plausible claims of intentional, discriminatory behavior by the district under federal disability laws. The cases will now move forward toward trial, likely sometime in 2026.
This decision shines a harsh light on school preparedness, the enforcement of student health accommodations, and the serious consequences when those systems fail.
Two Young Lives Lost
Emerson Kate Cole was a vibrant, joyful 10-year-old girl who had her whole life ahead of her. She was just three months away from her 11th birthday when she suffered a severe allergic reaction while attending Lorenzo de Zavala Middle School on January 17, 2023.
According to the lawsuit filed by her parents, Emerson had a known allergy and a formal 504 Plan — a legally binding document developed under Section 504 of the Rehabilitation Act of 1973. This plan specifically required that school staff administer epinephrine immediately in case of an allergic reaction. That did not happen.
Instead, the lawsuit alleges that school personnel either ignored the emergency plan or failed to act, despite clear signs that Emerson was in distress. Court documents claim that staff refused to administer the life-saving medication. She died two days later in the hospital.
Her death wasn’t just heartbreaking — it was, according to her family’s legal team, entirely avoidable.
The second lawsuit centers around Jaxson Mendoza, a student at Amarillo High School. On August 25, 2022, Jaxson suffered a prolonged seizure while warming up on the track during a school activity. Like Emerson, Jaxson also had a documented 504 Plan that detailed exactly what staff should do in such an emergency: administer rescue medication if the seizure exceeded five minutes.
The lawsuit filed by his parents alleges that staff failed to act, leaving Jaxson seizing for 17 minutes — more than triple the amount of time specified in his care plan — before emergency services were called and his father arrived on the scene. The medication that could have stabilized him was never given.
Jaxson died later that day.
The Legal Framework: What Is a 504 Plan?
A 504 Plan is not a suggestion or a guideline — it is a legal agreement between a school and a student’s family that ensures students with disabilities or health conditions receive the accommodations they need. It’s protected under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA), both of which prohibit discrimination based on disability in any program that receives federal funding — including public schools.
These plans can include actions like allowing more time on tests for students with learning differences or, in cases like Emerson’s and Jaxson’s, emergency medical instructions.
When a school fails to follow a 504 Plan, it’s not just a violation of policy — it can be a violation of federal civil rights law.
Judge Reno’s Ruling: “Plausible” Claims of Discrimination
AISD filed motions to dismiss both lawsuits, arguing that there was no evidence of intentional wrongdoing or discrimination — a key requirement under federal disability law. However, Judge Lee Ann Reno ruled that the allegations laid out in both cases painted a “plausible” picture of intentional, discriminatory inaction by AISD staff.
This is a significant legal finding. It means the judge believes the evidence, as presented, could support a jury’s conclusion that AISD knowingly failed to fulfill its responsibilities — not just that mistakes were made, but that the district chose not to act in accordance with clearly documented plans.
This ruling doesn’t decide the case — that will come at trial — but it does mean the families will have their day in court.
What Does This Mean for Schools Everywhere?
Though the lawsuits are specific to Amarillo ISD, the implications reach far beyond one Texas school district.
Across the country, millions of students depend on 504 Plans and Individualized Education Programs (IEPs) for everything from medical care to academic accommodations. These plans are more than paperwork — they’re safety nets, lifelines, and legal contracts. When schools disregard them, the consequences can be deadly.
This case highlights the urgent need for:
Staff training: Every employee who works with students — teachers, coaches, aides, and administrators — should be trained on how to respond to medical emergencies and follow 504 Plans without hesitation.
Emergency preparedness: Schools must treat health emergencies with the same seriousness as fire drills or lockdown protocols. Response plans must be drilled, rehearsed, and taken seriously.
Accountability: It should not take a lawsuit to ensure a school follows a legally mandated health plan. Systems must be in place to monitor compliance and correct gaps before tragedies occur.
The Road Ahead
With trials likely scheduled for 2026, the families of Emerson Cole and Jaxson Mendoza face a long road ahead. They’ve already endured the unthinkable — the loss of a child. Now, they must relive those moments in courtrooms in the hope that no other family has to suffer the same fate.
AISD, for its part, has not admitted wrongdoing, and the district will have a chance to present its side in court. But the judge’s refusal to dismiss these cases should serve as a wake-up call.
A Final Word
Schools are entrusted with the safety and care of our children. That trust is sacred. And when it’s broken — when systems fail, when plans aren’t followed, when children die as a result — accountability must follow.
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